AN ACT
ENTITLED, An Act to
revise certain provisions regarding concealed pistol permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
The attorney general shall compare South Dakota permit issuance statutes with the permit
issuance statutes in states with which reciprocity is sought or requested in order to determine whether
the laws of the other state meet or exceed the requirements of this chapter for the issuance of a
permit. The secretary of state may enter into reciprocity agreements with other states after the
attorney general has notified the secretary of state that the other states' laws meet or exceed the
provisions of this chapter.
Section 2. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:
No person may possess a concealed pistol in accordance with chapter 23-7 or this chapter unless
that person also has in his or her physical possession a valid South Dakota permit to carry a concealed
pistol or a permit effective pursuant to section 1 of this Act. A violation of this section is a petty
offense. However, if within twenty-four hours of being charged with a violation of this section, the
person produces a permit to carry a concealed pistol which was valid at the time of the alleged
offense in the office of the officer making the demand, the charge shall be dismissed.
Section 3. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:
Any person who is permitted to carry a concealed pistol in a state with which the secretary of
state has entered into a reciprocity agreement pursuant to this Act may carry a concealed pistol in this
state if the permit holder carries the pistol in compliance with the laws of this state. A violation of this
section is a Class 1 misdemeanor.
Section 4. That § 23-7-7 be amended to read as follows:
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, 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 5. That § 23-7-7.1 be amended to read as follows:
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:
Section 4. That § 23-7-7 be amended to read as follows:
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, 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 5. That § 23-7-7.1 be amended to read as follows:
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 been a resident of the county or municipality where the application is being made for
at least thirty days;
(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 of the United States; and
(9) Is not a fugitive from justice.
A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
Section 6. That § 23-7-8 be amended to read as follows:
23-7-8. The application for a permit to carry a concealed pistol shall be in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. The original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for four years by the authority issuing the permit.
An Act to revise certain provisions regarding concealed pistol permits.
Section 6. That § 23-7-8 be amended to read as follows:
23-7-8. The application for a permit to carry a concealed pistol shall be in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. The original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for four years by the authority issuing the permit.
An Act to revise certain provisions regarding concealed pistol permits.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1129
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1129
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
