12-03-2025
Lawmakers might legalize concealed pistols in bars
UPDATE: The House on Wednesday afternoon voted 56-14 to accept the Senate version that calls for allowing concealed pistols in bars and other establishments. The bill's prime sponsor Republican Rep. Aaron Aylward said that the change wouldn't stop bars from individually choosing to ban concealed weapons from their premises.
PIERRE, S.D. (KELO) — A proposal is moving through the South Dakota Legislature that would permit concealed pistols to be carried in any bar or other establishment that earns more than half of its total income from the sale of malt or alcoholic beverages.
The change would repeal a state law prohibiting concealed pistols in those establishments that's been in effect since 2019 when state lawmakers legalized concealed carry.
Concern, intense rhetoric accompany HB 1239 in Pierre
Republican Sen. Mykala Voita added the repeal wording earlier this week when the Senate debated .
The House version of the bill called for allowing concealed firearms and ammunition in most areas of county, municipal and township buildings and spaces. Senators on Monday added the Voita amendment allowing concealed pistols in bars and then voted 30-4 to pass the bill.
HB 1218 then returned to the House of Representatives for a decision whether to accept the Voita change. The House voted 35-34 on Tuesday in favor of the motion from Republican Rep. Jeff Bathke to disagree with the Voita amendment and appointed a conference committee to negotiate differences between the two versions.
The conference committee met on Wednesday morning. Five of the six members showed up. The sixth, Bathke, didn't attend. The group listened to nine minutes of testimony favoring the Voita amendment from Brian Gosch, a Rapid City lawyer and former House member, who now represents the National Rifle Association.
Gosch argued several points. He said people can open-carry firearms in South Dakota bars now, and neighboring states of Minnesota and Montana allow concealed-carry in alcohol establishments. He referred to mass shootings at a variety of locations in other states where guns weren't allowed. 'Gun-free zones don't work,' Gosch said.
One opponent testified against the Voita amendment: Nathan Sanderson, executive director of the South Dakota Retailers. He said the Senate decision on the Voita amendment was a surprise. He suggested the committee slow down, so that he could offer another amendment that might be acceptable.
One of the conference panel's legislators, Republican Rep. Kevin Jensen, has served as a concealed-carry instructor for 11 years. He pointed out the vagueness of the ban. '50 percent when?' he said. 'It's really hard to know, even as an instructor.' He added, 'I think we have to be very specific.'
Jensen also raised the example of someone who can legally carry a concealed pistol into an establishment that makes less than half of its income from alcohol sales but can't carry a concealed pistol in an establishment that makes more than half of its income from alcohol sales.
'Why is one restricted and the other not?' Jensen asked 'To me it's just common sense that we pass it as amended.'
There were many county and municipal lobbyists in the audience. So was Ryan Brunner, a senior aide to Gov. Larry Rhoden.
The conference committee voted 5-0 to recommend passage of the Senate version.
The House voted 56-14 on Wednesday afternoon to accept the Senate version. Republican Rep. Aaron Aylward said that the change wouldn't stop bars from individually choosing to ban concealed weapons from their premises.
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