Printer FriendlySB 177 limit the authority of certain institutions of higher education...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE BILL NO. 177
Introduced by: Senators Otten (Ernie), Begalka, Brown, Jensen, Monroe, and Omdahl and
Representatives Russell, Campbell, and Kaiser
FOR AN ACT ENTITLED, An Act to limit the authority of certain institutions of higher
education to regulate the possession of guns by students on campus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. No public institution of higher education is authorized to do any of the following:
(1) Establish rules, regulations, or any code of conduct limiting or abridging the ability
of any person to carry or possess a firearm in accordance with state law;
(2) Expel, dismiss, or penalize any person who legally carries or possesses a firearm;
(3) Require from any student as a condition of enrollment, or from any faculty member
as a condition of employment, any waiver limiting or abridging the ability of any
person to legally carry or possess a firearm;
(4) Prohibit any student who is lawfully allowed to possess a handgun from doing so in
dormitory or residence leased to the student;
(5) Establish any policy requiring students living in a dormitory or residence to live in
a specific unit or complex, or assign or lease housing or dormitory units based on a
student's firearms ownership status;
(6) Require any student to store a firearm outside his or her dormitory unit;
(7) Inquire to any student about his or her firearms ownership status.
However, any public institution of higher education may establish rules or regulations relating
to the storage of firearms in campus dormitories as long as such rules and regulations do not
violate this section.
Section 2. For the purposes of this Act only, public institution of higher education, means
any public postsecondary educational institution under the Board of Regents or any public
postsecondary technical institute under the Board of Education.