Thursday, January 28, 2010

South Dakota Firearm Freedom Act

In the interest of jumping on the 10th Amendment bandwagon, there is a bill in SD to follow in the footsteps of TN and MT.

SB 89 is the South Dakota version of these laws and would exempt any firearm, accessory, or ammunition made here in SD from federal oversight. While it doesn't go as far as the NH bill (which makes it a state felony for the feds to enforce federal firearms laws against weapons and accessories marked items marked 'Made in NH'), it's got it's own nifty little quirk (See below.).

I talked at length with one of the sponsors of this piece, one Gordon Howie (who is coincidentally running for Gov) at the last funshow two weeks ago.

I asked candidate Howie his position on Vermont-style concealed carry and he was all for it.

When I asked him whether the legislation he helped introduce was limited strictly to regular-type firearms and would restrict NFA-type guns, his reply was it would apply to ALL firearms manufactured in SD, not just your regular run-o-the-mill stuff.

Will this bill survive committee? We'll see. Given that the last legislative session saw an end to the idiotic 48 hr waiting period to purchase a handgun without a SD concealed carry permit, we'll see.

Will Mr Howie actually go anywhere against Gov Rounds? That too is a wait and see thing. It's still too early to tell, but I'm guessing Rounds will have very little opposition in either the primary or the general come election day.

UPDATE: Upon further reading of the proposed law, it would seem that Title 2 FA would not be included in the 'firearms made in SD' provision. Which really sucks.

UPDATE II: I just sent Senator Howie an email on this subject, and will await his reply.


I talked with you at length at the Rapid City Rifle and Pistol Club gunshow on the 16th of Jan. I asked you specific questions regarding SB 89 and whether the law as proposed would affect NFA weapons. I guess I should have been more specific in my questioning.

I read the act in question and it does not exempt full auto weapons from the protections of this act. I would like to know if by 'all weapons' you meant all weapons except full auto weapons.

I await your clarification on this matter.



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