SD: Gun seizure bill introduced
South Dakota Senator Arthur Rusch introduced SB 82, An Act to provide for a risk protection order authorizing the seizure of firearms and ammunition.
The bill seems to mimic a “red flag” law recently approved by the Virginia legislature.
SB 82 would provide law enforcement authorities the ability to seize firearms from those deemed to be likely to cause injury or death to himself/herself or others.
“If a risk protection order directs the seizure of all firearms and compatible ammunition in the respondent’s possession, custody, or control, a law enforcement officer shall take possession of the firearms and ammunition and provide to the respondent a receipt identifying each firearm that has been surrendered and the quantity, type, and brand of ammunition that has been surrendered,” is one portion of the bill.
Maurine, South Dakota Representative Sam Marty said there is no chance of the bill passing. He believes there is “no chance” the bill will get out of the Senate, and if it did it wouldn’t pass in the House.
He hasn’t talked to any senators who plan to vote for the bill, which he said is “a way of chipping away at gun rights.”
Senator Rusch told TSLN he introduced the bill because “we need to have a serious discussion about gun violence in the United States. “
Most state bills provide for taking the weapon and then having a hearing, but Rusch’s bill provides for a hearing first, he said. “As far as I know, no court anywhere has held that such a bill infringes on the Second Amendment,” he said.