The Liberty Preservation and Restoration Act

A Declaration by “We the People” to Protect the Second Amendment and Inherited Liberty

Preamble\
The United States Constitution guarantees to every State a Republican Form of Government, protecting each against invasion and domestic violence (Article IV, Section 4). In a Republican form, the people are supreme, and governments are instituted to secure their rights to life, liberty, and property. Sovereign prerogatives—such as defending private property, freedom of movement, and the free exercise of rights—are foundational to this system. Any governance outside this framework is illegal and contrary to our established principles. The Second Amendment, as a cornerstone of liberty, ensures that the right of the people to keep and bear arms shall not be infringed, a right South Dakota upholds with unwavering commitment. This Act, entered into the public by “We the People,” defends the Second Amendment from federal and local overreach, eliminates gun-free zones, supports gun manufacturers, and protects broader liberties against anti-liberty ideologies, ensuring South Dakota remains a sanctuary for freedom.

---

Article I: Protection of the Second Amendment

Section 1: Definitions

• Citizen: A member of this Constitutional Republic.
• People: The collective body of this Republic.
• Bear Arms: To carry or possess arms of any type, regardless of design, function, or technological advancement.

Section 2: Right to Bear Arms

• The right of citizens to keep and bear arms—of any make, model, or feature—shall not be infringed by any authority, public or private, within South Dakota.
• Restrictions on sales, ammunition, accessories, or taxation of firearms are deemed unlawful infringements.
• Elimination of Gun-Free Zones: Gun-free zones are prohibited within South Dakota, whether imposed by government entities or private actors, as they violate the Second Amendment’s supremacy across public and private spheres.
• Prohibition of Federal Red Flag Law Interference: Federal red flag laws, which allow firearm seizures without due process, are declared unenforceable within South Dakota, following the model of Wyoming and Missouri’s Second Amendment Preservation Acts (SAPA). Any federal attempt to enforce such laws will be met with immediate legal resistance by state authorities.
• Support for Gun Manufacturers: South Dakota shall provide legal protections and tax incentives for firearm and ammunition manufacturers operating within the state. No state or local regulations may impede their production, distribution, or innovation, ensuring a robust industry that supports Second Amendment rights.

Section 3: Right to Equal Standing

• Citizens may possess arms equivalent to those of any governmental or private entity, ensuring a balance of power and the ability to defend against tyranny or threats.

Section 4: Enforcement

• Local law enforcement and state-based Constitutional Militias are authorized to enforce this Act, including the use of force if necessary, to protect citizens’ Second Amendment rights. As the Second Amendment states, “A well regulated Militia, being necessary to the security of a free State,” militias are empowered to act as guardians of liberty.
• Any individual or entity infringing on these rights—including through gun-free zones or compliance with federal red flag laws—shall face immediate removal from office or position and a lifetime ban from public service in South Dakota.
• Upon a registered complaint, made public for 7 days, local juries or tribunals shall be established to adjudicate violations. Offenders may face permanent loss of citizenship, loss of elected office, or exile from the state. Failure to comply with tribunal rulings will result in the use of force to remove the guilty party.

Section 5: Immutable Protection

• This Act cannot be challenged, overruled, removed, or superseded by any current or future law, executive order, treaty, or court ruling—local, state, federal, or global. Only citizens, through local referendums, may amend it, provided core Second Amendment rights remain intact.

---

Article II: Rejection of Anti-Liberty Ideologies

Section 1: Charters of Negative Liberty

• Ideologies such as socialism, communism, corporatism, liberalism, imperialism, fascism, Marxism, and Sharia law are charters of negative liberty, designed to control rather than liberate, and are deemed illegal within South Dakota. These systems undermine the Republican form of government by prioritizing collective control over individual rights.
• The promotion, creation of groups or clubs supporting, or teaching of these ideologies is an act against liberty and a violation of local, state, and federal law under this Act.

Section 2: Enforcement Against Anti-Liberty Ideologies

• Citizens and Constitutional Militias are authorized to report and act against entities promoting anti-liberty ideologies, with violations adjudicated by local tribunals as outlined in Article I, Section 4.

---

Article III: Protection of Parental Rights

Section 1: Parental Authority

• Legal parents retain 100% of their parental rights at all times, with no exceptions.
• Education and School Choice: Decisions regarding education and school choice are the sole purview of parents; the state has no assumed right or authority over any child.
• Protection from Coercion: Parents cannot be forced by any entity—public or private—to abide by laws, rules, or regulations that violate their parental rights.
• Medical Autonomy: Doctors have no assumed rights or authority over any child, ensuring parental control over medical decisions.

Section 2: Enforcement of Parental Rights

• Violations of parental rights shall be adjudicated by local tribunals, with penalties mirroring those in Article I, Section 4, including removal, loss of citizenship, or exile.

---

Article IV: General Provisions

Section 1: Immediate Effect

• This Act takes effect immediately upon passage and does not require further ratification, as each state has already ratified the U.S. Constitution. It serves as a clarification under common accepted law.

Section 2: Severability

• If any provision of this Act is found invalid, the remaining provisions shall remain in full force and effect, ensuring the protection of Second Amendment rights and inherited liberty to the greatest extent possible.

Section 3: Citizen Oversight

• A citizen oversight committee shall be established to monitor the implementation of this Act, ensuring transparency and accountability in its enforcement.

📂 Learn More

• 🌄 Our Vision for South Dakota
  The future we’re building — bold, free, and family-first.
• 📊 End Property Tax: GRT Plan
  How the 5% Gross Receipts Tax will replace property taxes — and why it works.
• 📈 Revenue Verification
  Ensuring every dollar is accounted for — transparency you can trust.
• 🛡️ Safeguards to Protect Homes
  No tricks, no traps — just locked-in protections you can count on.
• 🕵️ SD-DOGE: Our Government Watchdog
  Efficiency, oversight, and a watchdog that works for the people.
• 👉 Get the Facts
  Will Prices Go Up?: Debunk myths about price increases under the GRT.
• 🚜 Family Farms & Ranches
  How the GRT protects and empowers South Dakota’s agricultural backbone.
• 👨‍👩‍👧‍👦 For Our Kids’ Future
  Building a legacy of freedom and opportunity for the next generation.
• 🏛️ South Dakota First
  Prioritizing our people, our values, and our future — always.
• 🆕 What’s New?
  Stay updated on the latest developments and announcements.