Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-35A-1 Definitions
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Terms used in this chapter mean: (1) "Ammunition," firearm ammunition and cartridge casings, primers, bullets, and propellant powder, designed for use in a firearm; (2) "Assignment," a financial institution's policy, process, or practice, which labels, links, or otherwise associa…
SDCL § 37-35A-2 Private firearm and firearm owner list prohibited--Exception
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With the exception of records kept during the regular course of a criminal investigation and prosecution, or as otherwise required by law, no governmental entity or official, agent, or employee of a governmental entity or any person other than the owner or owner’s representative,…
SDCL § 37-35A-3 Firearm discrimination by financial institutions--Merchant code requirement prohibited
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Neither a financial institution nor an agent of a financial institution may require the use of a firearms code in a way that distinguishes a firearms dealer physically located in this state from a general merchandise retailer or a sporting goods retailer located in this state. So…
SDCL § 37-35A-4 Firearm discrimination by financial institutions--Discrimination generally prohibited
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A financial institution may not discriminate against a firearms dealer by: (1) Declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or the transaction; (2) Limiting or declining to do business with a custo…
SDCL § 37-35A-5 Investigation--Notice--Cessation
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The attorney general may investigate any alleged violation of this chapter and shall provide written notice to any individual or entity, public or private, believed to be in violation. Written notice to any commercial entity must be made to the entity's registered agent. Upon rec…
SDCL § 37-35A-6 Petition to investigate--Private right of action
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The attorney general may be petitioned to investigate an alleged violation of this chapter by: (1) A firearms dealer physically located in this state, if the dealer's business was the subject of an alleged violation of this chapter; or (2) A customer who engaged in a transaction …
SDCL § 37-35A-7 Civil action--Injunction--Damages--Attorney’s fees
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If an individual or entity, public or private, is found to be in violation of this chapter after the later of the expiration of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, the …
SDCL § 37-35A-8 Defense unavailing
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It is not a defense to an action filed pursuant to this chapter that information was disclosed to a federal government entity, unless the disclosure or action was based on a good faith conclusion that the disclosure or action was required by federal law or regulation. Source: SL …