9-19-20. Firearms regulation prohibited--Action by attorney general.
No municipality may pass an ordinance that restricts or prohibits, or imposes any 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 municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality 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, §1; SL 2019, ch 51, §3.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 19 - Ordinances And Resolutions
Section 9-19-1 - Definition of terms.
Section 9-19-2 - Continuation in force of prior ordinances and resolutions.
Section 9-19-5 - One subject expressed in title of ordinance.
Section 9-19-6 - Style of ordinance.
Section 9-19-7 - Reading, passage, and publication of ordinances--Codes incorporated by reference.
Section 9-19-7.1 - Notice requirements for substantial amendment at second reading.
Section 9-19-8 - Passage, recording, and publication of resolutions.
Section 9-19-9 - Recording of votes on ordinances.
Section 9-19-10 - Veto power of mayor under aldermanic form--Items in appropriation ordinances.
Section 9-19-11 - Reconsideration of vetoed item--Vote required to override veto.
Section 9-19-12 - Ordinance becoming law without mayor's signature.
Section 9-19-13 - Effective date of resolutions and ordinances.
Section 9-19-14 - Recording of ordinance in ordinance book.
Section 9-19-14.1 - Posting of ordinance book on municipal website.
Section 9-19-15 - Compilation of ordinances--Free copies.
Section 9-19-16 - Revision of ordinances--Committee to prepare revision.
Section 9-19-18 - Evidence of ordinances and resolutions.
Section 9-19-19 - Ordinances and resolutions presumed valid unless controverted.
Section 9-19-20 - Firearms regulation prohibited--Action by attorney general.