An Act to authorize the possession of a concealed pistol by employees in county courthouses.

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; and

(6) The possession of a firearm or other dangerous weapon in a county courthouse by any person 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; and

(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, the a county 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 an area under the supervision of the court, common spaces ordinarily and necessarily used by the court, or employees of the Unified Judicial System.