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Bill

HB 1080

void covenants that prohibit or restrict the possession or use of firearms and ammunition.

2025 Regular Session Introduced by Casey Crabtree and 15 co-sponsors

South Dakota voids property covenants restricting firearm possession, overriding HOA rules and deed restrictions to protect gun ownership rights on residential properties.

Signed by the Governor on 2025-03-13 H.J. 542
#firearms #homeowners'associations #property
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Bill Summary · HB 1080

Legislative bill overview

HB 1080 voids any property covenants, deed restrictions, or homeowners association rules that prohibit or restrict firearm and ammunition possession or use in South Dakota. The bill effectively prevents private property agreements from limiting gun ownership on residential properties and became law on March 13, 2025.

Why is this important

This legislation overrides private contractual agreements between property owners and HOAs/deed holders regarding firearms. It creates a potential conflict between property rights (individual ownership vs. contractual obligations) and shifts enforcement power away from private agreements toward state law, affecting millions of homeowners living under covenant restrictions.

Potential points of contention

  • Property rights conflict: Voids existing contracts that buyers agreed to when purchasing property, raising questions about enforceability of other covenant restrictions and whether states should override private agreements
  • HOA governance: Removes tools HOAs use to maintain community safety standards and liability protections, potentially affecting insurance coverage and community dispute resolution
  • Public safety concerns: Opponents may argue restrictions in multi-family or high-density residential areas serve community safety purposes, while supporters argue Second Amendment rights supersede private covenants

Compiled from official sources — confirm details with the bill’s official record.

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