[Dice]:
While SDCL 9-19-20 does appear to make City Ordinance Sec. 26-51 null
and void, this has never been tested to my knowledge. SDCL 9-19-20 was
enacted in 1983, while Sec. 26-51 was enacted in 1957, thus, it is
arguable that SDCL 9-19-20 would only apply to any ordinance passed
after 1983 and would have no effect on Sec. 26-51. As I stated, this
has never been tested to my knowledge. The reason for that is, as you
ask in your e-mail, Sec. 26-51 is not enforced as to firearms. As long
as you comply with all the statutory requirements for carrying a
concealed weapon, you should not run into any problems (again, regarding
firearms). This is, of course, assuming that the only thing the police
are dealing with is the fact that there is a weapon concealed. If there
is something else going on with the firearm, then there are a host of
other laws (ordinances and statutes)that may come into play. I will
tell you also that Sec. 26-51 is enforced regarding other dangerous or
deadly weapons (generally knives with the most common being the
switchblade variety).
Hopefully this answers your questions. If not, feel free to contact me.
Keith E. Allenstein, Jr
Assistant City Attorney
Police and Fire Legal Advisor
320 West Fourth Street
Sioux Falls, SD 57104