Printer FriendlySB 89 exempt from federal regulation any firearm, firearm accessory, o...
ENTITLED, An Act to exempt from federal regulation any firearm, firearm accessory, or
ammunition manufactured and retained in South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Firearm accessory," any item that is used in conjunction with or mounted upon a firearm
but is not essential to the basic function of a firearm, including any telescopic or laser
sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speed
loader, ammunition carrier, or light for target illumination;
(2) "Generic and insignificant part," any firearm part, including a spring, screw, nut, and pin;
(3) "Manufactured," any firearm, firearm accessory, or ammunition which has been created
from basic materials for functional usefulness, including forging, casting, machining, or
other processes for working materials.
Section 2. Any firearm, firearm accessory, or ammunition that is manufactured commercially or
privately in South Dakota and that remains within the borders of South Dakota is not subject to
federal law or federal regulation, including registration, under the authority of Congress to regulate
interstate commerce. It is declared by the Legislature that those items have not traveled in interstate
commerce. This section applies to any firearm, firearm accessory, and ammunition that is
manufactured in South Dakota from basic materials and that can be manufactured without the
inclusion of any significant parts imported from another state. Any generic and insignificant part that
has other manufacturing or consumer product application is not a firearm, firearm accessory, or
ammunition, and importation of such parts into South Dakota and incorporation into a firearm, a
firearm accessory, or ammunition manufactured in South Dakota does not subject the firearm,
firearm accessory, or ammunition to federal regulation. It is declared by the Legislature that any basic
material, such as unmachined steel and unshaped wood, is not a firearm, firearm accessory, or
ammunition and is not subject to congressional authority to regulate any firearm, firearm accessory,
or ammunition under interstate commerce as if it was actually a firearm, firearm accessory, or
ammunition. The authority of Congress to regulate interstate commerce in basic material does not
include authority to regulate any firearm, firearm accessory, or ammunition made in South Dakota
from such basic material. Any firearm accessory that is imported into South Dakota from another
state and that is subject to federal regulation as being in interstate commerce does not subject a
firearm to federal regulation under interstate commerce because it is attached to or used in
conjunction with a firearm in South Dakota.
Section 3. The provisions of section 2 of this Act do not apply to:
(1) A firearm that cannot be carried and used by one person;
(2) A firearm that has a bore diameter greater than one and one-half inches and that uses
smokeless powder, not black powder, as a propellant;
(3) Ammunition with a projectile that explodes using an explosion of chemical energy after
the projectile leaves the firearm; or
(4) A firearm that discharges two or more projectiles with one activation of the trigger or
other firing device.
Section 4. A firearm manufactured or sold in South Dakota pursuant to this Act shall have the
words, Made in South Dakota, clearly stamped on a central metallic part, such as the receiver or
Section 5. The provisions of this Act apply to any firearm, firearm accessory, or ammunition that
is manufactured and retained in South Dakota after July 1, 2010.
An Act to exempt from federal regulation any firearm, firearm accessory, or ammunition
manufactured and retained in South Dakota.
I certify that the attached Act
originated in the
SENATE as Bill No. 89
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 89
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State