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Thread: (SDOC) President invited to South Dakota State Republician Convention

  1. #1
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    Thumbs up (SDOC) President invited to South Dakota State Republician Convention

    After e-mailing many of our SD State Reps. and Senators on Sioux Falls Executive order 07-29 banning law-abiding citizens from carrying weapons for their and their families protection on City Property in Violation of SD State Preemption laws, SD State Constitution art 6. Sec.24 and the 2nd Amendment, And proposing New State Legislation to stop Counties, Townships and Municipalities from using loop-holes and passing Mayorial Executive orders forming Rules, Policies, regulations, and Procedures (such as FL. HB-45). I was contacted by SD Rep. Stace Nelson and invited to the SD State Republician Convention in Sioux Falls, SD next weekend to speak with him and others and to gain support for the new proposed legislation that we are going to call " The South Dakota Second Amendment Protection Act" I will post updates on this after I speak with our Reps. at the Convention on the South Dakota Open Carry Facebook Page.

    https://www.facebook.com/SDOC.SiouxFalls


    Adam J. Turner

    President
    South Dakota Open Carry (SDOC)
    Sioux Falls Chapter.
    Last edited by adam_SDOCsiouxfalls; 06-18-2012 at 05:39 PM.
    "GUN CONTROL IS NOT CRIME CONTROL"

  2. #2
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    If you already have state preemption and a straightforward constitutional amendment why would you seek another piece of legislation instead of enforcing what you already have? If you need a firearm protection statute when you already have a firearm protection statute (preemption) that local governments are ignoring what good would another law do? Seems to me the local government needs to be sued to have their illegal ordinances removed since you already have the preemption that says they can't regulate the carrying of firearms. I'm not familiar with SD preemption or your constitutional amendment but it would be nice if you posted links to these two documents so everyone could take a look at them.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

  3. #3
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    Post SD Preemption Law and Sioux Falls E/0 07-29

    What Sioux Falls and other Cities are doing with the Mayorial E/o's Is not currently Illegal by state law due to the fact they are forming policies, Rules, ,Ect. and NOT Ordinances. The Executive order is not enforcable on Citizens but they use these E/O basicly as their probable cause to charge Citizens with crimes like disturbing the peace, refusing to vacate. ( The Sioux Falls Chief of Police has stated publicly he will do just this) ( I have tryed to attach these files to this post It keeps telling me their to large please e-mail me and I will send them to you)


    Adam J. Turner

    President
    South Dakota Open Carry (SDOC)
    Sioux Falls Chapter.


    adam_SDOCsiouxfalls@yahoo.com
    Last edited by adam_SDOCsiouxfalls; 06-18-2012 at 06:18 PM.
    "GUN CONTROL IS NOT CRIME CONTROL"

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    Post Reply to KYGlockster

    We are currently working on getting what we already have enforced. After much Opposition from SDOC and Pro-2A supporters the City Of Sioux Falls Attorneys Office is reviewing E/o 07-29 for repeal or amendment, But we want to ensure we Close this Loop-Hole in the State Preemption Laws and hold local Govenrments Accountable for any Violations. The Proposed legislation would be as close as Poss. to FL. HB-45 and will provide civil penalty for knowing & willful violation of prohibitions; provides that public funds may not be used to defend or reimburse unlawful conduct of person charged with knowing & willful violation of act; provides for termination of employment or contract or removal from office of person acting in official capacity who knowingly & willfully violates any provision of act; provides for declaratory & injunctive relief for specified persons or organizations; provides for specified damages & interest; provides exceptions to prohibitions of section.



    FL. HB-45: http://legiscan.com/gaits/text/276409
    "GUN CONTROL IS NOT CRIME CONTROL"

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    Post txt of SD preemption law and Sioux Falls E/O 07-29

    7-18A-36. Firearms regulation ordinances prohibited. No county may
    pass any ordinances that restricts possession, transportation, sale, transfer,
    ownership, manufacture, or repair of firearms or ammunition or their
    components. Any ordinances prohibited by this section are null and void.

    Source: SL 1983, ch 38, S2

    8-5-13. Firearms regulation ordinances prohibited. No township may
    pass any ordinances that restricts possession, transportation, sale, transfer,
    ownership, manufacture, or repair of firearms or ammunition or their
    components. Any ordinances prohibited by this section are null and void.

    Source: SL 1983, ch 38, S3

    9-19-20. Firearms regulation ordinances prohibited. No municipality may
    pass any ordinances that restricts possession, transportation, sale, transfer,
    ownership, manufacture, or repair of firearms or ammunition or their
    components. Any ordinances prohibited by this section are null and void.

    Source: SL 1983, ch 38, S1



    Sioux Falls Executive Order 07-29

    Subject: Guidelines for security and safety of City Employees

    Sec. II

    Weapons Prohibited

    For the saftey of City Employees and the public, no person will be permitted to bring or
    possess firearms, explosives, or other weapons on City Property, except those
    individuals authorized to do so in the course of their duties with the City. Examples of
    prohibited weapons include, but may not be limited to:

    1. All types of firearms, including rifles, shotguns, pistols. *

    2. Archery equipment, including arrows, hunting bows, crossbows.*

    3. Large hunting or weapons-style knives, including "bowie" knives, machetes, stilettos, or switchblades, etc. (This does not prohibit possession of personal folding pocket or penknives or other bladed tools used in the course of work activities.)*

    4. All explosive devices or explosive materials used in such devices.

    5. Other object clearly designed or intended to be used as weapons, such as nunchakus, clubs, brass knuckles.

    *Duly authorized educational programs, demonstrations, displays, dramatizations, competitions, or other similar public events as approved by the respective departments may be exempted.

    http://insite/topics/emplyment infor...ders/07-29.doc
    Last edited by adam_SDOCsiouxfalls; 06-18-2012 at 07:00 PM.
    "GUN CONTROL IS NOT CRIME CONTROL"

  6. #6
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    Thank you for the work you are doing

    Quote Originally Posted by adam_SDOCsiouxfalls View Post
    We are currently working on getting what we already have enforced. After much Opposition from SDOC and Pro-2A supporters the City Of Sioux Falls Attorneys Office is reviewing E/o 07-29 for repeal or amendment, But we want to ensure we Close this Loop-Hole in the State Preemption Laws and hold local Govenrments Accountable for any Violations. The Proposed legislation would be as close as Poss. to FL. HB-45 and will provide civil penalty for knowing & willful violation of prohibitions; provides that public funds may not be used to defend or reimburse unlawful conduct of person charged with knowing & willful violation of act; provides for termination of employment or contract or removal from office of person acting in official capacity who knowingly & willfully violates any provision of act; provides for declaratory & injunctive relief for specified persons or organizations; provides for specified damages & interest; provides exceptions to prohibitions of section.



    FL. HB-45: http://legiscan.com/gaits/text/276409
    I much appreciate all the effort you are putting into this. Know that there are millions of people who than you as well, but who will never know your name.

  7. #7
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    Quote Originally Posted by adam_SDOCsiouxfalls View Post
    After e-mailing many of our SD State Reps. and Senators on Sioux Falls Executive order 07-29 banning law-abiding citizens from carrying weapons for their and their families protection on City Property in Violation of SD State Preemption laws, SD State Constitution art 6. Sec.24 and the 2nd Amendment, And proposing New State Legislation to stop Counties, Townships and Municipalities from using loop-holes and passing Mayorial Executive orders forming Rules, Policies, regulations, and Procedures (such as FL. HB-45). I was contacted by SD Rep. Stace Nelson and invited to the SD State Republician Convention in Sioux Falls, SD next weekend to speak with him and others and to gain support for the new proposed legislation that we are going to call " The South Dakota Second Amendment Protection Act" I will post updates on this after I speak with our Reps. at the Convention on the South Dakota Open Carry Facebook Page.

    https://www.facebook.com/SDOC.SiouxFalls


    Adam J. Turner

    President
    South Dakota Open Carry (SDOC)
    Sioux Falls Chapter.

    Adam,

    If possible, South Dakota needs "weapons" preemption language as well. How many cities probably ban different types of knives?

    Knife Preemption has been taking off but Wyoming, Montana, and Oregon have weapons preemption which is a step further. South Dakota legalized switchblades a few years back so adding this language should be possible.

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