51C 95th Legislative Session 447
AMENDMENT 51C FOR THE INTRODUCED BILL
Introduced by: Senator Russell
An Act to authorize the possession of a concealed
by employees in
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 22-14-24 be AMENDED:
22-14-24. Exceptions to penalty for possession in a county courthouse or state capitol.
The provisions of § 22-14-23 do not apply to:
(1) The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or who is an officer of the court;
(2) The possession of a firearm or other dangerous weapon by a judge or magistrate;
(3) The possession of a firearm or other dangerous weapon by a federal or state official or by a member of the armed services, if such possession is authorized by law;
(4) The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or a qualified retired law enforcement officer in accordance with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. § 926B-C;
(5) The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided:
(a) The person possessing the concealed pistol holds an enhanced permit issued in accordance with § 23-7-53;
(b) At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol, orally or in writing, that the person intends to possess a concealed pistol in the state capitol;
(c) The notification required by this subdivision includes the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol, provided the range of dates may not exceed thirty consecutive days; and
(d) The notification required by the subdivision may be renewed, as
necessary and without limit;
(6) The possession of a firearm or other dangerous weapon in a
county courthouse by
who is employed by the county and assigned to work in the county
courthouse a qualified
law enforcement officer or a qualified retired law enforcement
officer, in accordance with the Law Enforcement Officers Safety Act
of 2004, 18 U.S.C. § 926B-C, provided the officer is not a
party to any civil or criminal matter before the court;
(7) The lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes.
Section 2. That § 22-14-28 be AMENDED:
22-14-28. Waiver of provisions.
By a majority of the members-elect,
commission in any county may
elect to waive the
provisions of § 22-14-23
that apply to any person not otherwise
listed in § 22-14-24, with respect to the carrying of a
firearm or other dangerous weapon in a county courthouse .
A waiver by the county commission in accordance with this section
supersedes subdivision 6 of § 22-14-24 governing county
employees. , except that
the waiver authorized by this section may not extend to a courtroom
located in the courthouse.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.