South Dakota Legislation Would Remove Outdated Gun Control Provisions

A clarification from the National Rifle Association-Institute for Legislative Action (NRA-ILA)

Some confusion has arisen over South Dakota House Bill 1079, introduced by state Representative Brian Gosch (R-32).  The intent of this provision is to clean up South Dakota’s firearm code and to remove provisions that became obsolete with the passage of the federal Firearms Owners’ Protection Act (FOPA) in 1986.  Originally, the federal Gun Control Act banned interstate sales of firearms but contained an exception for long gun transactions occurring between federally licensed dealers (FFLs) and residents of contiguous states.  Such sales could occur, moreover, only if “the purchaser’s State of residence permit such sale or delivery by law.” Thus, states around the country passed provisions specifically allowing their residents to buy long guns from FFLs in contiguous states. 

FOPA, however, removed both the contiguous states limitation and the requirement that the purchaser’s state of residence specifically authorize the purchase.  Now, interstate sales of rifles and shotguns can occur between FFLs and residents of any state, as long as “the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.”  Thus, the relevant question isn’t whether a state specifically permits interstate long gun sales, but whether the state has enacted any laws that would prevent them.  NRA supports repealing the old contiguous state provisions because they are unnecessary and because such provisions create the false impression that the right to acquire arms is merely a privilege granted by the state, not a right that some states have taken away from their citizens.

In addition, the existence of these laws has confused some firearms dealers, some who mistakenly think the laws restrict legal interstate sales. South Dakota has enacted no barriers to interstate sales, so House Bill 1079 would not change the current law, under which South Dakota FFLs can sell long guns to residents of other states that don’t limit their residents’ right to purchase, and South Dakota residents can buy long guns from FFLs in other states that do not discriminate against non-residents.