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Rapid City currently has an Illegal Ordinance, that is still on its books according to American Legal Publishing, that The Rapid City Police Department may still be enforcing.
The current Ordinance is so codified as 9.28.040. The Ordinance allows Firearms and Weapons into establishments that sell Alcohol for consumption 'off-premisis', but the Ordinance does not allow carrying into establishments that sell Alcohol for consumption 'on-premisis'.
This violates State-wide Preemption of Firearm related matters, and more specifically, violates South Dakota Law 9-19-20. Therefore, where South Dakota Law 9-19-20 and Rapid CityCode 9.28.040 conflict, 9-19-20 will govern, as it Preempts the subject related matter of Firearms.
South Dakota Law 9-19-20 provides, ver baetum, '[a]ny Ordinaces prohibited by thissection are null and void'. Clearly, 9.28.040 and 9-19-20, can not coexsist.
However, South Dakota does not allow Firearms into Bars, per 23-7-8.1. The key distinciton here is to apply a certain test to ascertain as towhether or not it is Lawful to carry a Firearm where Alcohol is served. The test Question is: Does this Establishment derive more than 50%of its total income from 'on-Premisis' sell of Malt Beverages or Alcoholic Beverages? In this test Question, as it applies to Rapid City,the generalanswer would normally be 'No'.
The only other places that are 'off-limits' in South Dakota are: 1. Courthouses, per South Dakota State Law 22-14-23 and, 2. Schools for Children, per South Dakota State Law 13-32-7. However, it is note-worthy to note thatThe Courthouse Law could very well be trumped if one '... has a Lawful purpose', per South Dakota Law 22-14-24, or if The County Commisioners waive this under Color of Law, per South Dakota Law 22-14-28.
Furthermore, Rapid City Code 5.12.070 is also,Illegal, provided;that it may read that Concealed Weapons are prohibited, because, they are what is regulated underSouth Dakota State Law 23-7-8.1. Seemingly, and interestingly, 23-7-8.1 of South Dakota Law applies only to Concealed Carry, not Open Carry, so, theroretically one very well could Open Carry inany BarEstablishment and not violate Law. Seeing as to how 23-7-8.1 of South Dakota Law applies only to those Establishments that derive more than 50% of their income from Alcohol 'on-Premisis' sales, then, this is understandable logic to follow. Since it is plausible to assuem that not all License holders areoperating Bars, then, this Ordinance... in accordance with South Dakota Law 9-19-20... is null and void as well.
