Custer County's
Right to Carry in the Courthouse
“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” You think you know where I am going with this, right? Well, maybe I’ll throw a little bit of a curve in that I am going to the Custer County Courthouse. Custer is one of few counties where the town and the county have the same name, as in Custer, Custer County or like Brookings, Brookings County. My analogy, again, unless you’re held against your will out at the FLDS compound, also located in Custer County, you have probably heard about the controversy of weapons in the courthouse.
To be honest, I’m surprised the town and county are still named after Lt. Col George Custer. Don’t think it can’t be changed. Look what happened to General Harney! But I digress.
The County Commissioners just authorized citizens to carry weapons inside the courthouse. The only places off limits are the courtroom area and the judge’s chambers. Seems harmless enough, or more appropriately said, constitutional enough to me.
Backing up, the legislature passed a bill and it was signed into law by our governor that read that employees in the county courthouses can carry a weapon to work to protect themselves if they desired. It might seem crazy to you that we have to legislate bills that are already in the Constitution. Me too. I guess we got complacent and started giving up our constitutional rights.
So, what’s the beef with the Custer County Commission’s ruling? Well, the judge who services Custer County comes from Pennington County, specifically Rapid City. Remember his courtroom and chambers are off limits to any guns except for law enforcement and the judge himself. Yep, he can carry.
So, my question is about jurisdiction. The county is run by the County Commissioners, not a Rapid City judge, right? The head of security of the entire county is the sheriff. Now, if the sheriff thought this was not a good idea, that’s another matter. As far as I know, he backs the Constitution and the Commissioners who represent all the Custer County citizens.
So, what now? Well, this might seem unbelievable, but this Rapid City judge refuses now to hold court in the Custer Courthouse. Really. He wants court held in Rapid City or on “zoom”. I don’t know about you, but I am “zoomed out”! Enough! Uncle! I give! What’s next? I’m not sure. I guess the judge already kicked his ruling up to the South Dakota Supreme Court, who are located in the State Capitol.
Noteworthy: the first bill we passed under Gov. Noem’s administration was constitutional carry for legislators and state employees in the capitol. The highway patrol, who runs security in the capitol asked that anyone wishing to carry a firearm get an enhanced permit. Note that this was the highway patrol’s desire, not a peep was heard from the supreme court justices. The same rules apply at the capitol where weapons aren’t authorized in a courtroom or judge’s chambers (except for the supreme court justice).
Back to Custer Courthouse. One suggestion I’ve heard is that if this judge refuses to do his job and come to Custer to hold court, the Commission could refuse to pay him. Seems logical to me. Your thoughts?
Oh! I almost forgot! This Saturday, December 12th, is the college football game of the year, Army vs. Navy. It airs on CBS at 1300 hours, I mean 1 pm Mountain Standard Time. GO ARMY! BEAT NAVY!
To the citizens of South Dakota and to the men and women in uniform, in honor of all who served, in respectful memory of all who fell, and in great appreciation to those who serve today, Thank You, for giving me the opportunity to represent you.
Tim R. Goodwin, District 30 Representative

