South Dakota lawmakers pass amended bill to allow concealed guns in bars

PIERRE — South Dakota advanced a bill that opponents say would allow individuals to carry concealed guns in bars and other places licensed to sell alcohol.

Lawmakers voted Wednesday to concur with amendments to House Bill 1218, an act to "address the imposition of firearm restrictions on certain employees, officers, volunteers, and other individuals."

The original form of the bill prohibits counties, townships, and cities from restricting their employees, officers or volunteers from carrying a concealed firearm and ammunition within buildings the political subdivision owns or leases.

The amended form of the bill repeals a section of state law that prevents everyday gun owners from carrying a concealed pistol into a "licensed on-sale malt beverage or alcoholic beverage establishment." The provision only applies to bars and other businesses that make more than 50% of total income from the sale of malt or alcoholic beverages.

Sen. Randy Deibert, a Republican from Spearfish, expressed opposition to the "guns in bars" bill, saying "guns and alcohol don't mix."

"That's the scary part of the bill," Deibert said.

South Dakota trade group leader says bar owners had 'less than 48 hours' to consider legislation

Nathan Sanderson, executive director of the South Dakota Retailers Association, told the Argus Leader in an interview the trade group initially did not have HB 1218 on its radar until the repeal was added.

But Sanderson, who testified against the amended bill during a conference committee Wednesday morning, said he heard from more than a dozen bar owners in South Dakota who are concerned the bill would put their staff and patrons in a dangerous situation.

"There's no question that bars have to be diligent in monitoring individuals, cut them off when they've reached a particular level, but this adds, we'll call it, a new level of complexity to the conversation," Sanderson said.

Sanderson was critical of the legislative process that brought the amended bill to the floor of the chambers. The bill's latest amendment was never heard in a regular legislative committee, Sanderson noted, which meant South Dakota businesses had less than 48 hours to weigh in on the impact of the legislation.

"This didn't follow the regular committee process, and to be amended on the floor of the second body, of a form that was significantly different than what was introduced, is highly irregular," Sanderson said.

The legislation, which House lawmakers first interacted with in committee Feb. 13, has been amended more than five times since it was initially introduced. It is a long-debated measure, having been effectively killed in the Feb. 13 committee before being resurrected through a "smoke out," or Joint Rule 7-7, an uncommonly used legislative procedure that can push dead bills to the full House or Senate for debate.

The House passed a form of HB 1218 which lacked the repeal on Feb. 19, but the Senate later amended the controversial measure on Monday.

Because the House did not approve of the version of the bill with the gun prohibition repeal, House and Senate leadership then appointed chamber members to a conference committee to negotiate the contents of the legislation.

Sen. Helene Duhamel, R-Rapid City, expressed concern over the composition of the committee when reached by the Argus Leader on Wednesday. She noted the committee did not include any House or Senate members who voted against the amended form of the bill.

"That committee is stacked," Duhamel said.

Duhamel added Republican opposition to the bill could be scarce, since the National Rifle Association of America lobbied for the repeal of the ban on guns in bars. Republican lawmakers who oppose the bill's passage, Duhamel said, could draw condemnation from the staunchly conservative gun rights group, and the state could lose its NRA "grade" and endorsements from the group.

"There's not enough backbone in this Legislature" to oppose the pro-gun pressure, Duhamel said.

Aberdeen Republican Sen. Michael Rohl was doubtful about the "guns in bars" concerns surrounding the proposed law. Rohl, a bar owner, said he believes businesses could still choose whether to allow concealed carry pistols in their establishments.

Sen. Mykala Voita, R-Bonesteel, drafted the amendment that included the repeal of the gun law.

This story has been updated with new information.