2018 House Bill 1209 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

436Z0787   HOUSE BILL   NO.  1209  

Introduced by:    Representatives Peterson (Sue), Bordeaux, Haugaard, Howard, Marty, May, Qualm, and Rasmussen and Senators Langer, Curd, Greenfield (Brock), Klumb, Maher, Monroe, and Netherton
 

        FOR AN ACT ENTITLED, An Act to require a National Instant Criminal Background Check for applicants of certain concealed carry permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 23-7-7 be amended to read:
    23-7-7. A permit to carry a concealed pistol shall be issued to any person by the sheriff of the county in which the applicant resides. The permit shall be valid throughout the state and shall be issued pursuant to § 23-7-7.1. Prior to issuing the permit, the sheriff shall execute a background investigation, including a criminal history check a computer check of available on-line records and the National Instant Criminal Background Check, of every applicant for the purposes of verifying the qualifications of the applicant pursuant to the requirements of § 23-7-7.1. For the purposes of this section, a background investigation is defined as a computer check of available on-line records.
    Section 2. That § 23-7-7.1 be amended to read:
    23-7-7.1. A temporary permit to carry a concealed pistol shall be issued within five days of

application to a person if the applicant:

            (1)    Is eighteen years of age or older;
            (2)    Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
            (3)    Is not habitually in an intoxicated or drugged condition;
            (4)    Has no history of violence;
            (5)    Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;
            (6)    Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
            (7)    Has had no violations of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
            (8)    Is a citizen or legal resident of the United States; and
            (9)    Is not a fugitive from justice; and
            (10)    Is not otherwise prohibited by state law or federal law from receiving, possessing, or transporting a firearm.
    A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Click message to listen