PIERRE, S.D. – A South Dakota Senate committee on Thursday killed a bill that would have limited civil liability for gun ranges, after lawmakers raised concerns the measure could shield negligent behavior and prevent injured people from seeking damages.
The Senate Judiciary Committee voted 6–1 to defer Senate Bill 103 to the 41st legislative day, a procedural move that effectively kills the bill.
The bill, sponsored by Sen. John Carley, R-Piedmont, would have codified that individuals present at a shooting range assume “obvious and inherent” risks associated with the activity. Those risks included noise, firearm discharge, equipment malfunctions not owned by the range, and natural terrain conditions. An amendment adopted earlier in the hearing excluded law-enforcement shooting ranges at the request of the Department of Public Safety.
Carley told the committee the bill was meant to protect both public and private ranges from lawsuits as shooting sports expand in South Dakota.
“This bill makes the person who shows up at a gun range or archery range responsible for their own safety, as long as it’s not negligence or malfeasance on the part of the venue or other guests,” Carley said.
Carley later described the proposal as “common sense legislation” aimed at discouraging frivolous lawsuits while promoting personal responsibility.
Supporters included shooting-sports organizers and insurance industry representatives, who said assumption-of-risk protections already exist in state law for activities such as fishing and rodeo.
Doug Abrahamson, an attorney and lobbyist for the American Property Casualty Insurers Association, testified in support but cautioned that parts of the bill used language that differed from traditional assumption-of-risk standards.
“Generally, we support when we have an open and obvious risk and people voluntarily assume the risk of entering into a place,” Abrahamson said.
Opponents argued the bill went too far and could prevent civil lawsuits even if someone’s injury results from another person carelessly handling a firearm.
Sam Matson, a lobbyist for the South Dakota Trial Lawyers Association, warned the bill’s wording could erase long-standing negligence protections.
“This bill does eliminate negligent and reckless behavior,” Matson told the committee. “If you look at the first part of it, paragraph five, it says assumes all associated risk.”
After extended debate, the committee voted to defer the bill to the 41st legislative day, ending its consideration this session.
