Lawmakers seek to stop HOAs from regulating firearm possession, use

Bill sailing through Legislature would bar HOAs from enforcing bylaws related to firearms, ammunition

Sen. Reynold Nesiba, D-Sioux Falls, testified against Senate Bill 39 on Jan. 17, 2024. (Jonathan Ellis/The Dakota Scout)

PIERRE – They might be able to require a fence be painted a certain color, but homeowner associations would not have the ability to regulate their members’ use and access to firearms under a bill that cleared the Senate Wednesday.

It’s passage in the Senate on a 30-3 vote makes it likely that it will eventually become law. Although it still must go through the House, lawmakers there are mostly pro-Second Amendment.

Childcare providers plead for help as industry, families face crisis

Sponsored by Sen. Mike Rohl, Senate Bill 39 would bar HOAs from including or enforcing provisions in their governing documents that prohibit or restrict the possession, transportation or storing of any firearm or firearm part, as well as the discharge of a firearm. The bill also applies to ammunition.

There’s debate in national legal circles about how far an HOA can go with regard to regulating firearms. Some, for example, think they can be banned in common areas. And gun laws vary by state. South Dakota has broad concealed carry protections.

Tourists, visitor spending reach record heights

Israel resolution prompts praise and condemnation of U.S. ally