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House comm. passes bill that HOAs can’t ban firearms

PIERRE, S.D. (SDBA) — A Senate committee passes a bill today (Tuesday) that prohibits homeowner associations from banning firearms and ammo.
The Senate Commerce and Energy Committee passed SB39 8 to 1.
The bill will be amended to include plats from banning firearms. According to Dictionary.com, a plat is a map or plan of an area of land showing actual or proposed features.
Republican Senate Majority Leader Lee Schoenbeck from Watertown told the committee he would offer that amendment on the Senate floor.
The bill’s sponsor, Republican Sen. Michael Rohl from Aberdeen, says the penalties in an HOA for gun ownership can be severe.
“Because control is actually deeded into the actual property itself, the homeowners association is entitled to be able to fine you or even foreclose on your house,” Rohl said.  “So, in the state of South Dakota, we obviously have open carry, allowing our citizens to exercise their Second Amendment rights.”
Democratic Senate Minority Leader Reynold Nesiba from Sioux Falls was the only “no” vote.
“When you were looking at this, how did you weigh or balance? There are two competing claims here,” he said. “One is the right to carry firearms, possess firearms, and also the right to private property and to control what goes on that private property.”
Rohl said people should feel secure in their homes. He added that since many HOAs do not have security because of liability issues, it is up to homeowners to protect themselves with a firearm if they choose.
The measure now moves to the Senate.

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