Bill > HB1132

This bill, concerning the enforcement of federal firearm laws, defines a "Federal firearm measure" as any federal law, regulation, or order taking effect after July 1, 2026, that is stricter than South Dakota law and relates to firearm registries, required licensing or permitting for law-abiding individuals to own or carry firearms, mandatory background checks for private firearm sales, or the confiscation or surrender of firearms from law-abiding individuals. It also defines a "law-abiding individual" as someone not prohibited by state law from possessing firearms or ammunition, and "material aid" as any action that helps enforce a federal firearm measure, including sharing information, using state resources like equipment or personnel, using state money, or participating in joint task forces. The bill prohibits any state or local official or employee from using state resources or entering into contracts that would provide such material aid, with exceptions for investigations with non-firearm related criminal connections, enforcing state law even with federal officers present as long as no material aid is given, complying with court orders, taking action against individuals prohibited from possessing firearms under state law, or accepting federal money to enforce state law. Violating these provisions is a Class 1 misdemeanor, with each act of material aid considered a separate offense. The bill also allows individuals to sue the state or its subdivisions for violations, potentially resulting in civil penalties up to $50,000 per violation, plus attorney fees and costs, and provides protections for state employees who report or refuse to participate in conduct they reasonably believe violates the bill. Furthermore, individuals can file complaints with the Attorney General, who may then sue to enforce the law and recover attorney fees.

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https://sdlegislature.gov/#/Session/Bill/26799