Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Legislation to Remove an Outdated Gun Control Provision <br/> Heads to Committee in South Dakota

Friday, February 4, 2011

Please contact members of the House Judiciary Committee

House Bill 1079, authored by state Representative Brian Gosch (R-32), is expected to be heard in the House Judiciary Committee on Wednesday, February 16 at 10 a.m.

The intent of HB 1079 is to clean up South Dakota’s firearm code and to remove a provision that became obsolete with the passage of the federal Firearms Owners' Protection Act (FOPA) in 1986.  Originally, the federal Gun Control Act banned interstate sales of firearms but contained an exception for long gun transactions occurring between federally licensed dealers (FFLs) and residents of contiguous states.  Such sales could occur, moreover, only if “the purchaser’s State of residence permit[ted] such sale or delivery by law.” Thus, states around the country passed provisions specifically allowing their residents to buy long guns from FFLs in contiguous states. 

FOPA, however, removed both the contiguous states limitation and the requirement that the purchaser’s state of residence specifically authorize the purchase of long guns.  Now, interstate sales of rifles and shotguns can occur between FFLs and residents of any state, as long as “the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.”  Thus, the relevant question isn’t whether a state specifically permits interstate long gun sales, but whether the state has enacted any laws that would prevent them.  The NRA supports repealing this old contiguous state provision because it is unnecessary, the “contiguous state” language can be misleading, and because such provisions create the false impression that the right to acquire arms is merely a privilege granted by the state, not a right that some states have taken away from their citizens.

South Dakota has enacted no barriers to interstate sales, so HB 1079 would not change the current law, under which South Dakota FFLs can sell long guns to residents of other states that do not limit their residents' right to purchase, and South Dakota residents can buy long guns from FFLs in other states that do not discriminate against non-residents.

Please contact members of the House Judiciary Committee and respectfully urge them to support HB 1079.  Committee members can be reached by calling the House switchboard and leaving a message at (605) 773-3851 or by e-mail as listed below.

Representative Roger Hunt (R-10) Chairman
Rep.Hunt@state.sd.us 

Representative Brian Gosch (R-32) Vice Chairman
Rep.Gosch@state.sd.us

Representative Gene Abdallah (R-10)
Rep.Abdallah@state.sd.us

Representative Jamie Boomgarden (R-17)
Rep.Boomgarden@state.sd.us

Representative Marc Feinstein (D-14)
Rep.Feinstein@state.sd.us

Representative Peggy Gibson (D-22)
Rep.Gibson@state.sd.us

Representative Jon Hansen (R-25)
Rep.Hansen@state.sd.us

Representative Kevin Killer (D-27)
Rep.Killer@state.sd.us

Representative Don Kopp (R-35)
Rep.Kopp@state.sd.us

Representative Stace Nelson (R-25)
Rep.Nelson@state.sd.us

Representative Lance Russell (R-30)
Rep.Russell@state.sd.us

Representative R. Shawn Tornow (R-14)
Rep.Tornow@state.sd.us 

Representative Charles Turbiville (R-31)
Rep.Turbiville@state.sd.us

TRENDING NOW
Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Monday, May 22, 2017

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Last week, attorneys on behalf of the NRA filed an amicus brief in Kitsap County v. Kitsap Rifle and Revolver Club (Kitsap II), the case which challenges Kitsap County’s firearm discharge ban and range licensing scheme.  Kitsap Rifle and ...

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Thursday, May 4, 2017

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Today, Maryland Governor Larry Hogan signed House Bill 1427 into law.

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Tuesday, May 23, 2017

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Last week, the Senate Committee of the Whole referred an amended version of House Bill 2278 back to the Senate Ways and Means Committee.

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Tuesday, May 23, 2017

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Friday, May 26th is the deadline for the fiscal committees to pass bills to the floor from the chamber of origin.  On Thursday, May 25, the Senate AppropriationsCommittee is scheduled to consider Senate Bill 464 and Senate Bill 497. ...

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

News  

Friday, May 19, 2017

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

We have yet to reach Memorial Day, but the fun police have already set their sights on at least one cherished summer childhood activity. In an article for Pupsugar.com, titled, “Why Kids Should Never Play ...

Court&#39;s Commonsense Conclusion: &quot;There Was a Gun&quot; Isn&#39;t Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Wednesday, May 24, 2017

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Tomorrow, Thursday, May 25, at 12:00 pm (PT), NRA’s legal team will be hosting a free webinar to discuss the recently submitted “assault weapon” regulations.   

California: Draft &quot;Assault Weapon&quot; Regulation Language Now Available

Thursday, May 18, 2017

California: Draft "Assault Weapon" Regulation Language Now Available

Today, May 18, a draft copy of the "Assault Weapon" regulations has been made available

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.