The general public is now allowed to carry guns into the Custer County Courthouse. The resolution, passed in November, is now in effect after a 20-day wait. In the past, the Seventh Circuit has opposed the resolution and said if it’s approved, Custer County court cases might be heard in Pennington County, about an hour away.
The Custer County State’s Attorney says the resolution could cost employees’ time and taxpayers’ dollars.
Custer County State’s Attorney Tracy Kelley says allowing people to bring guns into the courthouse threatens to ramp up already heated situations.
And she says because the county commission has created a hazard, its insurance carrier might not cover it.
“Lawsuits that could arise as a result of any type of a discharge in the courthouse, whether it’s accidental or otherwise, by public, obviously would subject the county to suit as a defendant and any judgment would put taxpayer dollars at risk.”
The resolution is permitted under a state law that became effective July 1st.
Kelley says the courtroom inside the courthouse is protected by a metal detector at the door and security guards inside the room when court is in session.
But she says not all heated situations occur inside the courtroom. Some take place in county offices and commission chambers when people challenge property assessments, and feuding neighbors seek resolution to land disputes.
“Anytime you interject firearms into an environment, the risk of something happening is exponentially greater.”
Kelley says commissioners passed the gun resolution to make the courthouse safer, but they have been adamant about not having a metal detector at the main entrance. And she says allowed weapons are not limited to handguns.
“You can walk in with a semi automatic shotgun or an AR. Under our resolution it’s currently authorized and legal.”
Kelley says if the Seventh Circuit moves cases to Pennington County, her county will face mileage costs and time spent traveling.
“It’s going to be a much greater burden on the State’s Attorney’s office, the Sheriff’s Office, the clerk of courts, probation.”
She notes that under state law, the circuit’s presiding judge can issue rules or orders to override the county resolution.