7-18A-36. Firearms regulation prohibited--Action by attorney general.
No county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source: SL 1983, ch 38, §2; SL 2019, ch 51, §1.
Structure South Dakota Codified Laws
Chapter 18A - Ordinances And Resolutions
Section 7-18A-1 - Definition of terms.
Section 7-18A-3 - One subject in title.
Section 7-18A-4 - Ordaining clause.
Section 7-18A-5 - Reading, signing, filing, and publication required.
Section 7-18A-6 - Vote on ordinances--Entry in minutes.
Section 7-18A-7 - Passage of resolutions--Record of votes--Publication in minutes.
Section 7-18A-8 - Effective date of ordinances and resolutions--Exceptions.
Section 7-18A-9 - Initiated measures--Number of voters required.
Section 7-18A-11 - Initiative petition--Form and contents.
Section 7-18A-12 - Affidavit required of circulators of petition.
Section 7-18A-13 - Board action on initiative petition--Submission to voters.
Section 7-18A-14 - Majority vote required for approval of initiated measure--Effective date.
Section 7-18A-15 - Referendum petition--Number of signatures required--Emergency measures excepted.
Section 7-18A-16 - Time of filing referendum petition--Submission to voters required.
Section 7-18A-17 - Description in petition of referred matters.
Section 7-18A-18 - Signature requirements for referendum petition--Verification.
Section 7-18A-20 - Publication of referred measure--Contents.
Section 7-18A-21 - Referendum ballot printing and distribution--Form and contents.
Section 7-18A-22 - Majority vote required to approve referred measure--Effective date.
Section 7-18A-23 - Preservation of referendum petitions--Public inspection.
Section 7-18A-24 - Waiting period before second vote on initiated or referred question.
Section 7-18A-25 - Ordinance book kept--Contents.
Section 7-18A-25.1 - Posting of ordinance book on county website.
Section 7-18A-27 - Compilation of ordinances in book form--Publication.
Section 7-18A-28 - Revision committee appointed by board.
Section 7-18A-30 - Admissibility of ordinances and resolutions as evidence.
Section 7-18A-31 - Proof of compliance with procedural provisions not required unless controverted.
Section 7-18A-33 - Degree of proof when jail sentence authorized.
Section 7-18A-34 - Appeal to circuit court from magistrate court--Trial de novo and jury trial.
Section 7-18A-35 - Disposition of fines and penalties.
Section 7-18A-36 - Firearms regulation prohibited--Action by attorney general.
Section 7-18A-37 - Criminal background check of persons seeking employment with county.