SB 2 — provide that a firearm silencer is not a controlled weapon.

26.52.1726.52.18 101st Legislative Session 2 South Dakota Legislature Senate Bill 2 SENATEENROLLED ENGROSSEDA IntroducedN by:ACT ENTITLED An Act to provide that a firearm silencer is not a controlled weapon.

SenatorB CrabtreeE AnIT ActENACTED toBY provideTHE thatL aEGISLATURE firearmOF silencerTHE isS notTATE aOF controlledS weapon.OUTH D AKOTA :

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

Overstrikes26.52.18 indicate2 deleted2 language.(e) The words, "neglect, negligently," and all words derived thereof, import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns;

26.52.17 2 2 (e) The words, "neglect, negligently," and all words derived thereof, import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns;

(7) "Consideration," any type of property or thing of legal value, whether delivered in the past,past or present, or to be delivered in the future.

OverstrikesSB2 indicateENROLLED deleted26.52.18 language.3 2 (8) "Controlled weapon" includes a machine gun and short shotgun, but does not include a firearm silencer;

26.52.17 3 2 (8) "Controlled weapon" includes any firearm silencer, a machine gun, or and short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section, but does not include a firearm silencer;

(9A) "Critical infrastructure facility," any of the following facilities, whether in operation, idle, or under construction, maintenance, or repair, that which are enclosed by a fence or other physical barrier that is obviously designed to exclude trespassers and are clearly marked with a sign that is posted on the property and reasonably likely to come to the attention of any trespassertrespasser, that, and which indicates that entry is forbidden, or any pole or tower used for any of the purposes in this subdivision, whether enclosed or marked with a sign or not:

Overstrikes(h) indicateCommunications deletedservices language.facility, infrastructure or equipment involved in the carriage of essential communications services for both wired and SB2 ENROLLED 26.52.18 4 2 wireless communications, switching, routing, repeater/amplifier equipment or other electronic equipment, macro and micro wireless towers using federally licensed spectrum, video headend equipment, and satellite communications receiver or transmission equipment;

26.52.17 4 2 (h) Communications services facility, infrastructure or equipment involved in the carriage of essential communications services for both wired and wireless communications, switching, routing, repeater/amplifier equipment or other electronic equipment, macro and micro wireless towers using federally licensed spectrum, video headend equipment, and satellite communications receiver or transmission equipment;

(j) Facility either(i) whose owner or operator is required to submit a risk management plan under the federal Chemical Safety Information, Site Security,Security and Fuels Regulatory Relief ActAct, (, 42 U.S.C.

or (ii) is identified and regulated by the United States Department of Homeland Security Chemical Facility Anti–Terrorism Standards (CFATS) program;

Overstrikes(c) indicateThe deletedterm language.does not include "permissible fireworks," defined by § 34-37-5;

26.52.17 5 2 (c) The term does not include "permissible fireworks," defined by § 34-37-5;

surplus ordnance sold, loaned or given by the secretary of SB2 ENROLLED 26.52.18 5 2 the army pursuant to the provisions of 10 U.S.C.

or any other device which that is an antique or is a rifle which that the owner intends to use solely for sporting purposes;

The term does not include "permissible fireworks," as defined by in § 34-37-5;

As used in this subdivision, the"gunpowder" term, "gunpowder," includes any propellant that upon oxidization emits heat and light and is commonly used in firearms cartridges;

Overstrikes(22) indicate"Law deletedenforcement language.officer," any officer, prosecutor, or employee of the state or any of its political subdivisions or of the United States, or, while on duty, an agent or employee of a railroad or express company, or security personnel of an airline or airport, who is responsible for the prevention, detection, or prosecution of crimes, for the enforcement of the criminal or highway traffic laws of the state, or for the supervision of confined persons or those persons on supervised release or probation;

26.52.17SB2 ENROLLED 26.52.18 6 2 (22)(22A) "Law"Loaded enforcementfirearm," officer," any officer,functional prosecutor,firearm orthat employeecontains of the state or any of its political subdivisions or of the United States, or, while on duty, an agent or employee of a railroadcartridge, orshell, express company, or securityprojectile personnelin of an airline or airport, who is responsible for the prevention,chamber, detection,including orany prosecutionchamber ofin crimes, for the enforcementcylinder of thea criminalrevolver; or highway traffic laws of the state, or for the supervision of confined persons or those persons on supervised release or probation;

(22A) "Loaded firearm," any functional firearm that contains a cartridge, shell, or projectile in the chamber, including any chamber in the cylinder of a revolver;

Overstrikes(30) indicate"Pass," deletedto language.utter, publish, or sell, or to put or send forth into circulation.

26.52.17The 7term 2includes (30)any "Pass,"delivery of a check to utter,another publish,for orvalue, sell,with orthe tointent putthat orit sendbe forthput into circulation.circulation as money;

The term includes any delivery of a check to another for value, with the intent that it shall be put into circulation as money;

If the term is used to designate a party whose property may be the subject of a crime or petty offense, it also includes the United States, any other country, this state, and any other state SB2 ENROLLED 26.52.18 7 2 or territory of the United States, and any of their political subdivisions, agencies, or corporations;

(35) "Property," anything of value, including,including but not limited to, motor vehicles, real estate, tangible and intangible personal property, contract rights, choses-in-action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, services, and signatures which purport to create, maintain, or extinguish any legal obligation;

(39) "Public officer," any person who holds a position in the state government or in any of its political subdivisions, by election or appointment, for a definite period, whose Overstrikesduties indicateare deletedfixed language.by law, and who is invested with some portion of the sovereign functions of government;

26.52.17 8 2 duties are fixed by law, and who is invested with some portion of the sovereign functions of government;

SB2 ENROLLED 26.52.18 8 2 (43) "Service," labor that does not include a tangible commodity.

The term includes,includes butlabor; is not limited to:

labor;

(44A)(45)(45) "Serious bodily injury," such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb;

(45)(46)(46) "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall length of less than twenty-six inches;

(46)(47)(47) "Short shotgun," any shotgun having a barrel less than eighteen inches long or an overall length of less than twenty-six inches;

(47)(48)(48) "Signature," any name, mark, or sign, written with intent to authenticate any instrument or writing;

(48) Deleted by SL 2005, ch 120, § 357;

(50) "Stun gun," any battery-powered, pulsed electrical device of high voltage and low or no amperageamperage, that, which can disrupt the central nervous system and cause temporary loss of voluntary muscle control of a person;

(51) "Unoccupied structure," any structure which that is not an occupied structure;

Overstrikes(54) indicate"Voluntary deletedintoxication," language.intoxication caused by substances that an actor knowingly introduces into his or her body, the tendency of which is to cause intoxication;