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SDPB Radio Coverage of the South Dakota Legislature. See all coverage and find links to audio and video streams live from the Capitol at www.sdpb.org/statehouse

Bill That Would Make Federal Laws Limiting Firearms Unenforceable in State Killed in Committee

Proposed legislation that took an extreme approach to defending Second Amendment rights in South Dakota was killed in committee Wednesday evening. Under House Bill 1222, any federal law that attempts to ban firearms, limit the size of firearm magazines, or impose other limitations is unenforceable in South Dakota. The bill also punishes law enforcement who might try to enforce the federal law limiting firearms. Representative David Lust says he understands not liking executive orders, but this isn’t the approach to take.

“Without examining the constitutionality of them, without having done any analysis of whether or not an executive order is equivalent to law or not, it’s a haphazard approach and a reactionary approach to legislation that we should not continuance. If this had been study and put together with the assistance of those who are knowledgeable on constitutional law and Second Amendment rights, that may be one thing, but I don’t think you’re going to find too many scholars,” Lust says.

Other opponents of the legislation say they don’t agree with punishing South Dakota officials who are just trying to do their job. Members deferred the legislation to the 41st day with only one dissenting vote.