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South DakotaSB 81100th South Dakota Legislature (2025)Senate

prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

Sponsored By: Jorgenson, Terri (Republican), Mehlhaff, Jim (Republican)

Signed by Governor

Banks and BankingConfidential InformationFirearmsPenaltyTrade

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Privacy protections for private gun owners

Government entities, their staff, and other people cannot knowingly and willfully keep lists of privately owned guns or their owners. Gun owners and their representatives may keep these records. The ban also allows records required by law or kept in the regular course of criminal investigations and prosecutions.

Payment protections for gun dealers and customers

Financial institutions and their agents cannot use payment codes to single out South Dakota gun dealers from other in-state retailers. These codes identify gun dealers or purchases involving firearms, accessories, parts, or ammunition. Banks cannot reject lawful card purchases solely because such a code is assigned or missing. Code history cannot justify refusing or ending business with customers or merchants, or charging higher transaction or interchange fees. The law also bars actions intended to suppress lawful firearms commerce because of its firearms-related nature.

Gun-code complaints bring court orders and penalties

The Attorney General may investigate violations and must send written notice, through a registered agent for businesses. Recipients must stop using the firearms code within 30 calendar days; extensions can add up to 120 days. An affected dealer physically located in South Dakota, or a customer who transacted with that dealer, may request an investigation. They may seek a court order if the Attorney General starts no action within 90 days after receiving that request. After the notice deadline or extension, the Attorney General must seek an order stopping violations found to continue. Knowing and willful failure to comply for 30 days after that order triggers penalties for each later violation. The court must impose $25,000 or actual damages per violation; collected penalties go to the state general fund. Courts may consider the violator’s finances and harm or risk to Second Amendment rights. A winning Attorney General or petitioner must recover costs and reasonable attorney’s fees. Disclosure to a federal entity is no defense unless federal law or regulation required it.

Sponsors & Cosponsors

Sponsors

  • Jorgenson, Terri

    Republican • House

  • Mehlhaff, Jim

    Republican • Senate

Cosponsors

  • Aylward, Aaron

    Republican • House

  • Baxter, Heather

    Republican • House

  • Carley, John

    Republican • Senate

  • Crabtree, Casey

    Republican • Senate

  • Foster, Red Dawn

    Democratic • Senate

  • Grove, Tamara R.

    Republican • Senate

  • Jensen, Kevin D.

    Republican • Senate

  • Nelson, Lauren

    Republican • Senate

  • Perry, Carl

    Republican • Senate

  • Peterson, Sue

    Republican • Senate

  • Pischke, Tom

    Republican • Senate

  • Reder, Christopher

    Republican • House

  • Sjaarda, John

    Republican • House

  • Voita, Mykala

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 121 • No: 3

House vote • 2/11/2025

Do Pass Amended

Yes: 68 • No: 0

House vote • 2/10/2025

Do Pass

Yes: 12 • No: 0

Senate vote • 1/30/2025

Do Pass Amended

Yes: 33 • No: 2

Senate vote • 1/28/2025

Do Pass Amended

Yes: 8 • No: 1

Actions Timeline

  1. Signed by the Governor

    2/25/2025Senate

  2. Delivered to the Governor

    2/18/2025Senate

  3. Signed by the Speaker

    2/13/2025House

  4. Signed by the President

    2/12/2025Senate

  5. House of Representatives Do Pass Amended, Passed, YEAS 68, NAYS 0

    2/11/2025House

  6. Certified uncontested, placed on consent

    2/10/2025House

  7. House Commerce and Energy Do Pass, Passed, YEAS 12, NAYS 0

    2/10/2025House

  8. Scheduled for hearing

    2/10/2025House

  9. First read in House and referred to House Commerce and Energy

    2/3/2025House

  10. Senate Do Pass Amended, Passed, YEAS 33, NAYS 2

    1/30/2025Senate

  11. Senate Commerce and Energy Do Pass Amended, Passed, YEAS 8, NAYS 1

    1/28/2025Senate

  12. Senate Commerce and Energy Motion to amend, Passed

    1/28/2025Senate

  13. Scheduled for hearing

    1/28/2025Senate

  14. First read in Senate and referred to Senate Commerce and Energy

    1/21/2025Senate

Bill Text

  • Introduced

    1/17/2025

    PDF

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