Representative Stace Nelson (R-Fulton) wants South Dakota to return to its wild west roots. To accomplish that goal he has introduced HB1222 that would seem to make all federal gun laws unenforceable in the state of South Dakota.
FOR AN ACT ENTITLED, An Act to provide that any federal law that attempts to ban firearms, to limit the size of firearm magazines, or to impose other limitations on firearms is unenforceable in South Dakota, to provide a penalty, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 37-35 be amended by adding thereto a NEW SECTION to read as follows:
No public employee as defined in § 3-21-1, or dealer selling any firearm in this state may enforce or attempt to enforce any act, law, statute, rule, or regulation of the United States government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in South Dakota and that remains exclusively within the borders of South Dakota.
Section 2. That chapter 37-35 be amended by adding thereto a NEW SECTION to read as follows:
Any official, agent, or employee of the United States government who enforces or attempts
to enforce any act, order, law, statute, rule, or regulation of the United States government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in South Dakota and that remains exclusively within the borders of South Dakota is guilty of a Class 6 felony and, upon conviction, is subject to imprisonment for not less than one year, a fine of not more than four thousand dollars, or both.
Section 3. That chapter 37-35 be amended by adding thereto a NEW SECTION to read as follows:
The attorney general may defend a citizen of South Dakota who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively within the borders of South Dakota.
Section 4. That chapter 37-35 be amended by adding thereto a NEW SECTION to read as follows:
Any federal law, rule, regulation, or order created or effective on or after January 1, 2013, is unenforceable within the borders of South Dakota if the law, rule, regulation, or order attempts to:
(1) Ban or restrict ownership of a firearm or any magazine of a firearm; or
(2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.
Section 5. 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.
It never ceases to amaze me how the gun nuts will do anything to protect what they see as anything preventing them from proving how big their manhood is but stand silent when our 4th Amendment rights are trampled on (still waiting on Nelson et al to submit a bill making the Patriot Act unenforceable here). Also could someone please tell me how this would affect the ability of violent felons or the mentally ill to legally purchase guns because we sure wouldn’t want to infringe on their 2nd Amendment rights would we?
What’s next bazookas and RPG’s for home defense? How about a Predator drone in every garage?