Senate rejects bill to expand non-shooting safety zone from 660 to 1,000 feet

House Bill 12‑36, which would have expanded South Dakota’s non‑shooting safety zone from 660 feet to 1,000 feet around residences, failed in the South Dakota Senate on Feb. 26, 2025, by a roll‑call vote of 29‑5.

The bill’s prime sponsor, Senator Ryan Davis, presented the measure during second reading, saying the change was a public‑safety response to complaints from landowners and sheriffs and noting the 1990 federal Gun‑Free School Zones Act’s 1,000‑foot standard as part of the rationale. "This bill is a proactive proposal that focuses on public safety, property rights, and attempts to calm an ongoing friction between hunters and rural landowners," Davis said.

The nut graf: the proposal split lawmakers along lines of rural custom, enforcement practicality and economic concerns. Supporters said the larger buffer would protect families, livestock and property; opponents said the change would unduly restrict lawful hunters, reduce access for lower‑income sportsmen and would not make enforcement easier.

Senator Davis introduced amendment 12‑36B to set the safety zone at 1,000 feet; the amendment was moved, seconded and adopted by voice vote. Davis told colleagues sheriffs had testified to enforcement difficulties under the current statute because officers often arrive after an alleged violation and cannot gather identifying information.

Opponents questioned the amendment’s technical basis and its likely effect on tourism and longstanding hunting practices. "If you expand the safety zone, you're still going to have the same people that are going to shoot a pheasant that's too close to a house," said Senator John Pyschke, who argued the measure would not deter bad actors and would penalize law‑abiding hunters. Senator Erik Jensen, who identified himself as a firearms instructor, disputed the sponsor’s range calculations and said lead shot lethality drops far short of 1,000 feet in typical conditions.

Other senators described personal or constituent experiences on both sides. Senator Sarah Lapke said stray shot once spooked cattle on her farm and damaged pens, producing a measurable business loss; she said that experience informed her vote in favor. Senator Kelli Voyta, citing data from Game, Fish and Parks, said the agency reported 97 citations in the last five years for unposted violations and 21 for posted‑sign violations and that the agency will post signs when requested. Senator Michael Carr and several others urged caution, saying the law mainly affects East River pheasant country and could curtail access for hunters who do not own private preserves.

Senator Stephen Boyd summarized land‑access numbers during debate, saying about 6,200,000 acres are open to hunting statewide and that roughly 1,200,000 private acres have been volunteered by landowners for public access; he urged hunters to ask permission if they want to hunt inside close buffers around residences.

When the roll was called on final passage, five senators voted yes and 29 voted no, resulting in the bill failing. The Senate journal records the final tally as 5 yeas and 29 nays; the president declared the bill lost.

The vote leaves the existing 660‑foot non‑shooting zone unchanged. Supporters said they may return with targeted fixes or enforcement proposals; no formal direction to staff or committee referral for a revised proposal was recorded on the floor during this session.

Votes and next steps: Amendment 12‑36B (change to 1,000 feet) was adopted by voice vote; final passage of House Bill 12‑36 was defeated by roll call, 5‑29. The debate and roll call took place on the Senate floor during the 29th legislative day on Feb. 26, 2025.