South Dakota § 9-14-44 Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liability.

South Dakota Statutes

§ 9-14-44 — Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liability.

South Dakota § 9-14-44

Title 9MUNICIPAL GOVERNMENT

Ch. 9-5MUNICIPAL OFFICERS AND EMPLOYEES

This text of South Dakota § 9-14-44 (Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liability.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 9-14-44 (2026).

Text

The governing body of a municipality may not, by any method or means, prohibit or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any municipal building, facility, or vehicle, or while on any real property, owned or leased by the municipality. This section does not apply to possession of a concealed firearm and compatible ammunition by:

(1)An individual who is an inmate;

(2)An individual, other than a law enforcement officer, while present in the secure area of any detention facility, a mental health crisis center, or a substance use disorder residential treatment facility; or (3) An individual, other than a law enforcement officer, while using a mu

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The governing body of a municipality may not, by any method or means, prohibit or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any municipal building, facility, or vehicle, or while on any real property, owned or leased by the municipality. This section does not apply to possession of a concealed firearm and compatible ammunition by: (1) An individual who is an inmate; (2) An individual, other than a law enforcement officer, while present in the secure area of any detention facility, a mental health crisis center, or a substance use disorder residential treatment facility; or (3) An individual, other than a law enforcement officer, while using a municipal vehicle to transport another individual apprehended in accordance with chapter 27A-10 . No injury or damage resulting from an individual possessing a concealed firearm may be construed to be an act of the municipality, and no liability may be imputed to the municipality. For purposes of this section, any "method or means" includes the adoption of a policy, the issuance of a guidance letter or statement, and any similar directive, whether written or oral.