Joe Sneve

jsneve@argusleader.com

An Elkton woman says her rights were violated last month when she wasn’t allowed to carry a firearm into the Denny Sanford Premier Center.

When Robin Mulvey and her daughter came to Sioux Falls in July to see the Storm, the local indoor football team, they were forced to put their concealed handguns back in their vehicle before getting to their seats. Because the event center is a city-owned facility, she says the no-guns policy violates state law.

“We are not psychos, we are not crazy terrorists, we are not idiots. We just strongly believe in the Second Amendment and our right to bear arms,” she said. “Because it is a city-owned property, we feel we were very much within our rights to do so.”

The state law she’s referring to, South Dakota Codified Law 9-19-20, says municipalities can’t restrict the possession of firearms. In 2013, it was that rule that led Mayor Mike Huether to repeal a 16-year-old executive order that barred firearms from city buildings and parks.

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Mulvey is correct that the Premier Center is a city-owned building – Sioux Falls voters approved spending $115 million on the building back in 2011 – but city officials say because the building is operated by private management company SMG, the state law doesn’t apply.

“SMG has its own policies in place regarding firearms and other weapons, as well as policies on a number of other areas. These are not policies, executive orders, resolutions, ordinances or any other action by the City of Sioux Falls,” said Keith Allenstein, assistant city attorney.

“The City Attorney's Office position is that nothing in state law prohibits a private individual (or) corporation from having a no weapons policy on property that it owns, manages, leases,” he added.

Of the more than 40 buildings owned by the city, about a half dozen have the right to establish gun-free zones, including Sioux Falls Stadium, the Orpheum Theater and Great Bear Recreation Park. All are privately managed.

Mulvey, an Elkton City Council member, disagrees with that interpretation of how the state law applies to Sioux Falls’ most expensive publicly-owned building.

“You can’t just hire away your obligation to support the state law,” she said. “The oath I took when I was sworn into office, a part of it was to uphold the laws of the state of South Dakota and the South Dakota Constitution, not just the ones that are convenient and the ones that I approve of.”

SMG General Manager Terry Torkildson said Wednesday he’s attempted to contact Mulvey on multiple occasions since the July incident to explain to her that the company does allow firearms on certain occasions, but many times event promoters who lease the facility demand no weapons be allowed.

“Some shows are extreme sticklers for any kind of weapon – even something sharp,” he said. “We recently did a gun show in the convention center. The gun shows allow guns in but they don’t actually allow people to carry a loaded weapon.”

WHERE CAN YOU CARRY?

If a city-owned property isn’t privately managed, gun owners have the right to carry onto the premises. That includes public parks, City Hall, Carnegie Town Hall, museums and libraries.

Privately-managed venues like the Washington Pavilion, Sioux Area Metro stations and buses and the event center and arena can restrict possession of firearms and other weapons. While the Great Plains Zoo is also privately-managed, the facility does not prohibit patrons from carrying firearms.