Remove an enhanced permit as a condition of carrying a concealed pistol while on the campus of a public institution of higher education.
Summary
HB1133 would change South Dakota law governing firearms and other defensive items on public college and technical school campuses. The bill removes the requirement that a person have an enhanced permit, restricted enhanced permit, or reciprocal permit in order to lawfully carry a concealed pistol and compatible ammunition on the campus of a public institution of higher education or a technical education institution, while leaving the existing references to stun guns, mace, pepper spray, and other chemical irritants in place. It amends two statutes: one covering institutions under the Board of Technical Education and one covering institutions under the Board of Regents.
As written, the bill would broaden who may carry a concealed pistol on covered campuses by eliminating the permit condition currently tied to campus carry. It does not appear to change the general concealed carry framework outside higher-education property, but it would directly affect campus policies and the authority of the Board of Regents and Board of Technical Education to restrict lawful possession and transportation of concealed pistols by qualifying individuals. The bill also preserves the existing statutory protections for stun guns and chemical irritants on those campuses.
Impact
HB1133 would amend §§ 13-39A-43 and 13-53-56 of the South Dakota Codified Laws, narrowing the permit-based condition for concealed pistol carry on campuses of public institutions of higher education and technical education. The practical effect would be to expand lawful campus carry access for concealed pistols and compatible ammunition, while maintaining the statutes’ broader limits on institutional restrictions for stun guns, mace, pepper spray, and similar chemical irritants. The bill would constrain the ability of the Board of Regents and Board of Technical Education, and the institutions they oversee, to impose campus rules that conflict with the revised state carry standard.
Sentiment
The available voting history suggests the bill drew mixed but somewhat favorable support, with a 9-6 committee vote to defer it to the 41st legislative day rather than advancing it immediately. No committee transcript is available, so there is no recorded debate to indicate detailed arguments for or against the measure. The vote pattern indicates the proposal was controversial enough to split the committee, but not so opposed that it was rejected outright at that stage.
Contention
The main point of contention is whether students, staff, and visitors should be allowed to carry concealed pistols on public college and technical school campuses without first holding an enhanced or reciprocal permit. Supporters are likely to view the bill as expanding lawful self-defense rights and reducing permit barriers, while opponents are likely to raise campus safety, enforcement, and institutional autonomy concerns. Because the bill affects higher-education settings specifically, disagreement likely centers on balancing firearm access with the desire for more restrictive campus environments.