COVID-19: Threat to Second Amendment

Nothing is more important than protecting ourselves and our families -- especially during these times of uncertainty. Yet, some anti-gun lawmakers are exploiting the COVID-19 pandemic to deny you and your loved ones your fundamental right to self-defense and your Second Amendment rights.

These anti-gun and anti-self defense extremists deem gun stores "non-essential," they shut down issuance of firearm permits, and, in some locations, they have created extreme delays for background checks required for firearm transfers. Some jurisdictions have even put added restrictions on firearm transfers, making it all but impossible for many law-abiding Americans to exercise their Second Amendment rights.

All of this is happening against a backdrop of reported prisoner furloughs and law enforcement only arresting for the most serious of crimes.

Just like you, we know that's wrong.

That is why the NRA will keep a constant watch on what is happening nationwide and will work diligently to ensure that you are able to defend yourself and your family during these unprecedented times. In the past four decades, your NRA has led the way to pass Right-to-Carry, Castle Doctrine, and most important for the current crisis, protection against gun confiscation during declared emergencies. This time is no different.

We hope you find this website useful. Please use it to stay updated on what's happening in your town or state and across the country. If you need help or would like to alert us to something happening in your town or state, please contact us here or send us an email at [email protected].

During these difficult times, your NRA is keeping vigilant watch over your right to buy a gun and to make sure you are able to defend yourself and your family. The NRA fights for all law-abiding gun owners, whether they can afford to donate or not. We understand times are tough. But, if you have the means, please help us keep fighting against those politicians who are determined to strip away our right to self-defense and their billionaire backers. Every dollar counts. We thank you in advance.

If you are unable to help us at this time, please drop us a line and let us know how you and your family are doing. We are always grateful to hear from our members and supporters. Again, a big THANK YOU from all of us here at the NRA.

Stay safe.

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Covid-19 Articles

Click here to view your state's laws on emergency powers and firearms

State preemption law: There are separate prohibitions placed on municipalities, townships, and counties regulating firearms.

Concerning municipalities, SDCL § 9-19-20 provides that "no municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components."

Concerning townships, SDCL § 8-5-13 provides that "no township may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components."

Concerning counties, SDCL § 7-18A-36 provides that "no county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components."

Each of these statutes empowers the state attorney general to submit a cease and desist order to the offending political subdivision. Should the political subdivision fail to comply with the order the attorney general may bring an action against the political subdivision. Further, any person charged with a violation of a political subdivision's illegal regulation of a firearm is entitled to reasonable costs and attorneys fees.

Each of the statutes permits a political subdivision to apply its general zoning ordinances, building regulations, and fire codes to firearm-related businesses.

Restrictions on firearms and ammunition in a declared state of emergency: SDCL § 34-48A-5 provides that "in the event of disaster, war, act of terrorism... or emergency" the governor may "may call upon and use any facilities, equipment, other nonmedical supplies, and resources available from any source, other than personal or private funds, in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as the Governor shall determine." However, the statute goes on to make clear that this cannot be construed to authorize the taking of firearms without the consent of the owner.

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