South Dakota Governor Has Opportunity to Scrap Multiple ‘Gun-Free Zones’

It’s been a pretty good year for Second Amendment advocates in South Dakota, at least as far as the legislature is concerned. Lawmakers have now approved two bills that significantly improve the right to carry across the state, and now it’s up to Gov. Larry Rhoden to scrap the “gun-free zones” repealed by the House and Senate. 

We’ve previously discussed SB 100 authored by Sen. Mykala Voita that would allow lawful gun owners over the age of 18 to carry on the campuses of the state’s public colleges and universities, but another one of Voita’s effortrs targeting supposedly “sensitive places” has now cleared both chambers of the statehouse; this one aimed at the prohibition on concealed carry in bars and other establishments that derive more than 50% of their income from the sale of alcoholic beverages. 

Voita’s proposal was initially attached to HB 1218 when the Senate took up the legislation on this week. As originally written, the House bill opened up most publicly accessible areas of county and municipal government buildings to gun owners, but Voita was successful in including language repealing the current prohibition on lawful carry in bars. 

The House failed to concur with Voita’s amendment, which sent the bill to a conference committee. On Wednesday, committee members heard several hours of testimony, including comments by lobbyist Brian Gosch, who represented the National Rifle Associaton. 

Gosch argued several points. He said people can open-carry firearms in South Dakota bars now, and neighboring states of Minnesota and Montana allow concealed-carry in alcohol establishments. He referred to mass shootings at a variety of locations in other states where guns weren’t allowed. “Gun-free zones don’t work,” Gosch said. 

One opponent testified against the Voita amendment: Nathan Sanderson, executive director of the South Dakota Retailers. He said the Senate decision on the Voita amendment was a surprise. He suggested the committee slow down, so that he could offer another amendment that might be acceptable.

One of the conference panel’s legislators, Republican Rep. Kevin Jensen, has served as a concealed-carry instructor for 11 years. He pointed out the vagueness of the ban. “50 percent when?” he said. “It’s really hard to know, even as an instructor.” He added, “I think we have to be very specific.” 

Jensen also raised the example of someone who can legally carry a concealed pistol into an establishment that makes less than half of its income from alcohol sales but can’t carry a concealed pistol in an establishment that makes more than half of its income from alcohol sales.

“Why is one restricted and the other not?” Jensen asked “To me it’s just common sense that we pass it as amended.”

Common sense won the day, with the conference committee voting 5-0 to accept the Senate’s changes. The bill was sent back to the House for reconsideration, and on Wednesday afternoon the expanded bill was adopted by the House on a 56-14 vote.

While Sanderson objected to the bill, telling lawmakers he’d heard from several bar owners who were concerned about the impact of the legislation, it’s important to note that these establishments still have the right to declare the premises off-limits to concealed carry… and open carry, for that matter, which is already legal in the state. This isn’t a mandate, but rather a choice for bar owners. 

It’s also worth pointing out that carrying while intoxicated is already a crime in South Dakota, and nothing in HB 1218 changes that aspect of state law. Alcohol and guns aren’t a good mix, but there’s no reason why a designated driver or a sober customer shouldn’t be able to keep their gun with them instead of leaving it behind in their vehicle, especially if the business in question has no problem with allowing concealed or open carry on the premises. 

South Dakota’s gun laws are already pretty darn good, but Rhoden has the opportunity to make them even better by signing SB 100 and HB 1218 into law. Both bills enjoyed enough support that it’s likely lawmakers could override the governor’s veto if necessary, but given Rhoden’s support for other pro-2A legislation this year (including a bill that voids covenants prohibiting or restricting the possession and use of guns and ammunition) I’m fairly confident that he’ll give his stamp of approval to the repeal of these “gun-free zones.”