provide for the carrying of a concealed pistol by certain school district employees.

26.768.9 101st Legislative Session 1129

2026 South Dakota Legislature
House Bill 1129

Introduced by: Representative Rice

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to provide for the carrying of a concealed pistol by certain school district 1
employees. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 13-32-7 be AMENDED: 4
13-32-7. Any person individual who intentionally carries, possesses, stores, 5
keeps, leaves, places, or puts into the possession of another person, any dangerous 6
weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, 7
used, or intended to be used primarily for imitative or noisemaking purposes, on or in any 8
public elementary or secondary school premises, vehicle, or building, or on or in any 9
premises, vehicle, or building used or leased for public elementary or secondary school 10
functions, whether or not any person is endangered by any action under this section, is 11
guilty of a Class 1 misdemeanor. 12
This section does not apply to: 13
(1) A law enforcement officer; 14
(2) An individual who has completed a school sentinel training course, in accordance 15
with chapter 13-64; 16
(3) An individual who: 17
(a) Is twenty-one years of age or older; 18
(b) Holds an enhanced permit to carry a concealed pistol, issued in accordance 19
with chapter 23-7; and 20
(c) Has written permission from the principal of the school or other person who 21
has general control and supervision of the building or grounds; 22
(4) An individual who: 23
(a) Is employed by the school district; 24
(b) Is twenty-one years of age or older; 25
26.768.9 2 1129
Underscores indicate new language.
Overstrikes indicate deleted language.
(c) Holds an enhanced permit to carry a concealed pistol, issued in accordance 1
with chapter 23-7; and 2
(d) Has notified the law enforcement agency, having jurisdiction over the 3
location of the school, that the employee intends to possess or securely 4
store a concealed pistol, while the employee is in the school, on the grounds 5
of the school, or in any school vehicle, during the period beginning with the 6
date of notification and ending June thirtieth of each year; 7
(5) An individual who holds any permit to carry a concealed pistol, issued in accordance 8
with chapter 23-7, while that individual is: 9
(a) Inside a motor vehicle; or 10
(b) Outside a motor vehicle and securing a pistol in, or retrieving a pistol from, 11
the vehicle; 12
(5)(6) The use of a starting gun at an athletic event; 13
(6)(7) Any firearm or air gun at a: 14
(a) Firing range; 15
(b) Gun show; or 16
(c) Supervised school or session for training in the use of firearms; 17
(7)(8) The ceremonial presence of an unloaded weapon at a color guard ceremony; 18
(8)(9) A nonpublic school; or 19
(9)(10) A church or other house of worship; or 20
(10) A nonpublic school located on the premises of a church or other house of worship. 21
Section 2. That a NEW SECTION be added to chapter 13-32: 22
A school district is not liable for any damages or penalties resulting from the use 23
of a firearm by an individual described in subdivision 13-32-7(3) or (4). 24