21.463.15 96th Legislative Session 627
HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED
Introduced by: Representative Blare
An Act to revise the safety zone within which a firearm may be discharged.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 41-9-1.1 be AMENDED.
41-9-1.1. Discharge of firearms--Distance from building or livestock --Exceptions--Revoked privileges--Penalty.
Except for controlled access
as defined in § 31-8-1,
interstate highways, unimproved section lines not commonly used as
public rights-of-way, and highways within parks or recreation areas
or within or adjoining public shooting areas or game refuges posted
for restriction of an applicable use,
as hereinafter set forth by the Department of Game, Fish and Parks,
does not apply to fishing, trapping, or hunting on highways or other
this state that
meet the requirements of § 41-9-1.3.
For purposes of this section, hunting on highways or other public
(1) The shooting at or taking by legal methods of small game, except mourning dove, that are located within the boundaries of the highway or public right-of-way; and
(2) The shooting at or taking by legal methods of small game, except mourning dove, that are in flight over private land, if the small game has either originated from or has taken flight from the highway or public right-of-way, or if the small game is in the process of flying over the highway or public right-of-way.
Only the owner of the occupied
dwelling, church, or schoolhouse; the owner of livestock; or a person
who has written permission from the owner of the occupied dwelling,
church, or schoolhouse, or the owner of the livestock may use such
highways or rights-of-way for the purposes of discharging any firearm
or for the purposes of hunting,
as defined in
six hundred sixty-foot
safety zone surrounding an occupied dwelling, a church, a
livestock. No other person may discharge a firearm at small game
within the safety zone.
No person, except the adjoining
landowner or any person receiving written permission from the
adjoining landowner, may use such highways or rights-of-way for the
purpose of trapping,
six hundred sixty feet
three hundred yards
of an occupied dwelling, church, or schoolhouse.
A violation of this section is a
Class 2 misdemeanor.
If any person is convicted of knowingly discharging a firearm within
of any occupied dwelling, church, or schoolhouse,
for which that distance has been clearly and accurately marked and
posted, the court
shall, in addition to any other penalty, revoke the person's hunting
privileges for a period of one year from the date of conviction. The
may order the
authorized by this section
to be served consecutively with
any other revocation of the person's hunting privileges imposed
for a violation
for which the person is convicted and for which revocation of the
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.