An Act to prohibit the personal possession of a loaded firearm while under the influence of marijuana or intoxicated.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 22-14-7 be AMENDED:
22-14-7.
Any
A
person whois
guilty of a Class 1 misdemeanor if the person:
(1) Recklessly discharges a
firearm or
recklessly;
(2) Recklessly shoots a bow and arrow; or
(2)(3) Sets
a device designed to activate a weapon upon being tripped or
approached, and leaves
the device
unmarked or unattended by a competent person;
or
(3) Has
in personal possession a loaded firearm while intoxicated;
is
guilty of a Class 1 misdemeanor.
Section 2. That chapter 22-14 be amended with a NEW SECTION:
A person is guilty of a Class 1 misdemeanor if the person is in personal possession of a loaded firearm while:
(1) Intoxicated; or
(2) Under the influence of marijuana, as that term is defined in 22-42-1.
Section 3. That chapter 22-14 be amended with a NEW SECTION:
For purposes of section 2 of this Act, the term, loaded firearm, means any firearm that contains a cartridge, shell, or projectile:
(1) In the chamber, including any chamber in the cylinder of a revolver;
(2) In a magazine that is fixed or integral to the firearm; or
(3) In a detachable magazine that has been inserted into the firearm.