22.130.14 97th Legislative Session 861

2022 South Dakota Legislature

House Bill 1052

Introduced by: Representative Aylward

An Act to place limitations on the enforcement of federal laws and directive related to firearms and ammunition.

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

Section 1. That a NEW SECTION be added:

No state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may contract with or in any manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, regulation, or executive order, which imposes a prohibition, restriction, or requirement that does not exist under the laws of this state and relates to the sale, transfer, ownership, or possession of:

(1) A firearm, or any component or accessory; or

(2) Ammunition, or any component or accessory.

Section 2. That a NEW SECTION be added:

Any elected or appointed official or employee of this state or of a political subdivision who knowingly violates section 1 of this Act is subject to:

(1) A civil penalty in the amount of $1000 for a first violation; and

(2) A Class 1 misdemeanor for a second or subsequent violation.

Any civil penalty collected by a court in accordance with this section must be paid into the state general fund.

Section 3. That a NEW SECTION be added:

This Act does not apply to any contract requiring the provision of assistance in the enforcement of a federal statute, regulation, or executive order, if the contract was entered into before July 1, 2022.

Underscores indicate new language.

Overstrikes indicate deleted language.