The proposed bill aims to establish a new section in South Dakota law that prohibits covenants running with the land from restricting or prohibiting the lawful possession, storage, transportation, or discharge of firearms and ammunition. Specifically, it states that any covenant that includes such prohibitions will be considered void and unenforceable. Additionally, the bill clarifies that if a provision is deemed void, it is severable, meaning that other provisions within the covenant can still remain in effect if they are not affected by the invalidation.
This legislation seeks to ensure that individuals' rights to possess and use firearms are protected from restrictive covenants that may be imposed by property owners or associations. By making these provisions unenforceable, the bill reinforces the legal standing of firearm ownership and usage in South Dakota.