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State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
| 670X0508 | HOUSE STATE AFFAIRS ENGROSSED NO. HB 1138 - 02/05/2016 |
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Introduced by: Representatives Brunner, Campbell, Craig, Haugaard, Johns, Klumb, Stalzer,
and Wiik and Senators Greenfield (Brock), Ewing, Monroe, Olson, and
Tieszen
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FOR AN ACT ENTITLED, An Act to revise provisions related to the enhanced permit to carry
a concealed pistol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-8 be amended to read:
23-7-8. The application for a permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol shall be filed either electronically or 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. If filed in triplicate, 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 forfour five years by the authority
issuing the permit. If the application is filed electronically, two copies shall be made and each
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-8 be amended to read:
23-7-8. The application for a permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol shall be filed either electronically or 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. If filed in triplicate, 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
shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary
permit, and the other copy shall be preserved for four five years by the authority issuing the
permit.
Section 2. That § 23-7-53 be amended to read:
23-7-53. An applicant may submit an application to the sheriff of the county in which the
applicant resides for an optional enhanced permit to carry a concealed pistol. The application
shall include:
(1) The application for the optional enhanced permit to carry a concealed pistol;
(2) A copy of the applicant's fingerprints for submission to the Federal Bureau of
Investigation, and any governmental agency or entity authorized to receive such
information, for a state, national, and international criminal history background
check;
(3) An authorization to run a fingerprint background check;
(4) A separate payment for the cost of processing the fingerprint background check;
(5) A separate application fee of one hundred dollars for the optional permit to carry a
concealed pistol which shall be distributed fifty dollars percent to the sheriff and fifty
dollars percent to the secretary of state to be used by the secretary of state to
administer the concealed carry program; and
(6) Proof that the applicant has successfully completed a qualifying handgun course as
defined in § 23-7-58 within the preceding twelve months or proof that the applicant
is a current or former South Dakota law enforcement officer.
The sheriff shall forward the copy of the applicant's fingerprints, the applicant's
authorization for processing a fingerprint background check, and the payment for the fingerprint
background check to the Division of Criminal Investigation for processing.
Section 3. That § 23-7-56 be amended to read:
23-7-56. The holder of the permit may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires and ending thirty days after expiration of the permit, if the holder pays the fifty dollar renewal fee and passes a National Instant Criminal Background Check. If the holder of the enhanced permit to carry a concealed pistol does not renew the permit within thirty days of expiration of the permit, the holder must reapply for an enhanced permit to carry a concealed pistol pursuant to § 23-7-53. The renewal fee shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program.
Section 3. That § 23-7-56 be amended to read:
23-7-56. The holder of the permit may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires and ending thirty days after expiration of the permit, if the holder pays the fifty dollar renewal fee and passes a National Instant Criminal Background Check. If the holder of the enhanced permit to carry a concealed pistol does not renew the permit within thirty days of expiration of the permit, the holder must reapply for an enhanced permit to carry a concealed pistol pursuant to § 23-7-53. The renewal fee shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program.
