An Act to place limitations on the enforcement of federal laws and directive orders related to firearms, accessories, and ammunition and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to title 23:

For purposes of this Act, the following federal actions, whether undertaken by statute, regulation, executive order, judicial order, or administrative order, constitute federal infringements on the people's right to keep and bear arms, as guaranteed by the Second Amendment of the United States Constitution:

(1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition, not common to other goods and services, and which might reasonably be expected to create a chilling effect on the purchase or ownership of firearms, firearm accessories, or ammunition by law-abiding citizens;

(2) Any registration or tracking of firearms, firearm accessories, or ammunition, which might reasonably be expected to create a chilling effect on the purchase or ownership of firearms, firearm accessories, or ammunition by law-abiding citizens;

(3) Any registration or tracking of the owners of firearms, firearm accessories, or ammunition, which might reasonably be expected to create a chilling effect on the purchase or ownership of firearms, firearm accessories, or ammunition by law-abiding citizens;

(4) Any action forbidding the possession, ownership, use, or transfer of firearms, firearm accessories, or ammunition by law-abiding citizens; and

(5) Any action ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

Section 2. That a NEW SECTION be added to title 23:

Any federal action described in section 1 of this Act:

(1) Is invalid in this state;

(2) May not be recognized in this state;

(3) Must be specifically rejected by this state; and

(4) Has no effect in this state.

Section 3. That a NEW SECTION be added to title 23:

Each court and any law enforcement agency having jurisdiction in this state shall protect the right of law-abiding citizens to keep and bear arms, within this state, and shall protect these rights from any federal action described in section 1 of this Act.

Section 4. That a NEW SECTION be added to title 23:

No state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision, acting under governmental authority, may enforce or attempt to enforce any federal action described in section 1 of this Act.

Nothing in this chapter precludes the acceptance of aid from federal officials for the purpose of enforcing the laws of this state.

Section 5. That a NEW SECTION be added to title 23:

Any political subdivision or law enforcement agency that employs a law enforcement officer who knowingly violates this Act, is liable for any injury caused to a person and is subject to imposition, by a court, of a civil penalty in the amount of fifty thousand dollars per violation.

Any political subdivision or law enforcement agency that knowingly employs a person who was found to have violated this Act, is subject to a civil penalty in the amount of fifty thousand dollars for each person so employed.

The court shall forward any civil penalty collected under this section to the state treasurer for deposit in the general fund.

Any person may seek the issuance of a temporary or permanent injunction to restrain and prevent a violation of this Act. Any prevailing party, other than a political subdivision, is entitled to receive reasonable attorney's fees and costs.

Section 6. That a NEW SECTION be added to title 23:

It is not a violation of this Act for a person to provide material aid to a federal law enforcement officer who is in pursuit of a suspect having a demonstrable criminal nexus with another state or country, provided the suspect is not a resident of this state and not present in this state.

It is not a violation of this Act for a person to provide material aid to a federal prosecutor in any felony case involving controlled substances or violence against another person, if the case includes weapons violations of laws that are substantially similar to laws of this state and if the weapons violations are ancillary to the prosecution.

Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.