Park gun ban to be repealed
December 10. 2013 1:06PM
The Dell Rapids City Council is expected to repeal an ordinance that bans firearms in city parks at an upcoming meeting.
An ordinance that has been on the books for decades prohibits anyone from carrying a firearm in Dell Rapids parks. But after councilor Chad Andrews brought the code to the attention of others at City Hall, officials say they have no choice but to repeal it.
City attorney Dean Hammer said the ordinance violates state law, which prevents municipalities from restricting guns from public property.
“The state law applies to all cities and counties, so we are forced to comply,” he said.
The council also plans to clear up some language in another ordinance that prohibits the public from carrying concealed weapons in Dell Rapids. The existing ordinance makes an exception for gun owners with state-issued concealed carry permits. However, the wording isn’t clear enough and could be mistaken for banning all concealed carry, whether or not someone is permitted, said Justin Weiland, city administrator.
“This further defines the exception because it was a little bit messy the way it was,” he said.
Open carry, or visibly possessing a firearm in public, is legal for lawful gun owners citywide as it is throughout South Dakota.
The council is expected to have a second reading of the ordinance changes at its Dec. 16 meeting.