South Dakota bill HB 1218 prevents lower levels of government from infringing on the rights of their employees protected by the Second Amendment.
On March 12, 2025, the South Dakota legislature passed HB 1218. The bill passed the House 44-26 on February 19, 2025. The Senate vote was 30-4 on March 10. The conference committee report was adopted on March 12 with votes of 56-14 in the House and 32-3 in the Senate. From sdlegislature.gov
A board of county commissioners may not, by any method or means, prohibit or restrict an individual who is a county employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any county building, facility, or vehicle, or while on any real property, owned or leased by the county.
As Progressive philosophy gained traction and popularity in the late 19th century, the conjecture that “guns are bad” was gaining acceptance. The end of the frontier was happening. Urban centers were growing. The United States was becoming a major world power. As the fad of believing “guns are bad” grew, state governments passed laws requiring a permit to be armed. These laws were aimed first at freed slaves, then at immigrants, then at the general population. Pistols were becoming relatively cheap. Corrupt politicians did not want their enforcers to face armed citizens.
Local officials who wanted their employees disarmed did not have to do anything. Requirements for state permits kept the employees disarmed. In some states, local politicians were exempted from the laws by being defined as peace officers. Members of the “good old boys” in the local power structure could get dollar a year sheriff deputy assignments or be declared a special assistant police officer by the police chief.
As the movement to restore the Second Amendment and constitutional government gained ground, millions of people became able to obtain concealed carry permits. Some local government officials put work rules in place demanding that local employees be disarmed at work. These policies elicited a push-back from employees and legislators. They asked: If the public can be trusted with arms in our offices, why can’t we be trusted? It is a compelling argument.
At the core, Shall Issue, Constitutional Carry, and removing regulatory and workplace rules that disarm people are refutations of the “guns are bad” narrative. As more and more experience accumulates with tens of millions of people legally carrying arms for their own defense daily, the wisdom of Italian philosopher Cesare Beccaria rings true:
Laws that prohibit the carrying of arms are laws of that nature. They disarm only those who are not inclined or determined to commit crimes . . . These laws worsen the plight of the assaulted, but improve those of the assailants.They do not lessen homicides, but increase them, because the confidence of carrying out an assault against the disarmed is greater than against the armed. These laws are not preventive ones, but born out of the fear of crime.
“Guns are bad” and “Guns save lives” are in direct opposition. They are opposite understandings of the nature of reality. They are antithetical to each other. These are broad statements of what are, essentially statistical estimates. South Dakota HB 1218 indicates the founders view of reality and human nature is prevailing over the Progressive view of an elite which must control the masses “for their own good.”
This correspondent expects Governor Larry Rhoden to sign HB1218 when it is presented to him. The process may take a few days.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
