FOR AN ACT ENTITLED, An Act to revise certain provisions related to permits to carry a concealed pistol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. 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;

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            (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)    If applicable, the applicant's civil rights have been restored upon completion of a sentence or pardon and the applicant is eligible to obtain a permit as provided in § 23-7-52.

    A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
    Section 2. That § 23-7-52 be amended to read:
    23-7-52. If a person's civil rights, including the right to possess a weapon, are restored pursuant to state law, a person is not prohibited from obtaining a permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol under state law. However, this section does not permit any person who has pled guilty to, nolo contendere to, been convicted of a crime of violence as defined by subdivision 22-1-2(9), or any felony or misdemeanor crime as defined in chapter 22-14 or chapter 22-42 within five years immediately preceding the date of application, to obtain a permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol.