HB 1190 enhance customer convenience in firearms transactions, improve...
State of South Dakota
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NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016
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756X0574
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HOUSE ENGROSSED NO. HB 1190 - 02/23/2016
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This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
Introduced by: Representatives Mickelson, Gosch, Hawley, Westra, and Wink and Senators
Rusch, Cammack, Frerichs, and Solano
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FOR AN ACT ENTITLED, An Act to enhance customer convenience in firearms transactions,
improve public safety, and provide for the issuance of an additional concealed pistol permit.
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
, or a gold card 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,
country of
citizenship, 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 the applicant is not a
United States citizen, the application shall require any alien or admission number issued by the
United States Bureau of Immigration and Customs Enforcement. 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 four five years by the authority issuing the permit. If the
application is filed electronically, two copies shall be made and each 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 § 23-7-8.1 be amended to read:
23-7-8.1. The secretary of state shall prescribe the form of the permit to carry a concealed
pistol and, the form of the enhanced permit to carry a concealed pistol, and the form of the gold
card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's
name, address, and the expiration date, and the issuance date of the permit. The enhanced permit
to carry a concealed pistol must clearly designate that the permit is enhanced and the gold card
permit must clearly designate that it is a gold card permit to carry a concealed pistol. The holder
of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total
income from the sale of malt or alcoholic beverages. Nothing in this section prevents law
enforcement officers, parole agents, security guards employed on the premises, and other public
officials with the written permission of the sheriff from carrying concealed weapons in the
performance of their duties or prevents home or business owners from carrying concealed
weapons on their property pursuant to § 22-14-11.
Section 3. That § 23-7-54 be amended to read:
23-7-54. The sheriff shall retain the application and other documents until the sheriff
receives the results of the background checks required pursuant to § 23-7-53. Within seven days
following receipt of a confirmation that the applicant passed each criminal background check
required pursuant to this section and § 23-7-53, the sheriff shall file the application with the
secretary of state pursuant to § 23-7-8.
If the applicant submits an application pursuant to § 23-7-53, meets the requirements of
§ 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October
26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or
transporting a firearm, passes the required fingerprint background check, and passes a National
Instant Criminal Background Check, the sheriff of the county where the applicant submitted the
application shall, within thirty days of application, issue the applicant a temporary enhanced
permit to carry a concealed pistol. The temporary permit must clearly designate that the permit
is enhanced.
Section 4. That § 23-7-57 be amended to read:
23-7-57. Unless otherwise specified, the references, rights, and responsibilities in this
chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry
a concealed pistol and a gold card permit to carry a concealed pistol.
Section 5. That § 25-10-24 be amended to read:
25-10-24. The court may require the defendant to surrender any dangerous weapon or any
concealed pistol permit issued under 23-7 in his the defendant's possession to local law
enforcement.
Section 6. That § 23-7-8.9 be amended to read:
23-7-8.9. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any
law enforcement officer from retaining any notes, data, or pieces of information, either
collectively or individually, unless the retention of such notes, data, or pieces of information is
pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to
information necessary to perform a periodic National Instant Criminal Background Check of
gold card or enhanced pistol permit holders under section 15 of this Act is authorized.
Section 7. That chapter 23-7 be amended by adding a NEW SECTION to read:
An applicant may submit an application to the sheriff of the county in which the applicant
resides for a gold card permit to carry a concealed pistol. The application shall include:
(1) The application for the gold card 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; and
(5) A separate application fee of seventy dollars for the gold card permit to carry a
concealed pistol. Thirty dollars of the fee shall be distributed to the sheriff, thirty-four
dollars shall be distributed to the Department of Public Safety, and six dollars to the
secretary of state to be used by the secretary of state to administer the concealed carry
program.
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 8. That chapter 23-7 be amended by adding a NEW SECTION to read:
The sheriff shall retain the application and other documents until the sheriff receives the
results of the background checks required pursuant to section 7 of this Act. Within seven days
following receipt of a confirmation that the applicant passed each criminal background check
required pursuant to this section and section 7 of this Act, the sheriff shall file the application
with the secretary of state pursuant to § 23-7-8.
If the applicant submits an application pursuant to section 1 of this Act, meets the
requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as
amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from
receiving, possessing, or transporting a firearm, passes the required fingerprint background
check, and passes a National Instant Criminal Background Check, the sheriff of the county of
the application shall, within thirty days of application, issue the applicant a temporary gold card
permit to carry a concealed pistol. The temporary permit must clearly designate that the permit
is a gold card permit.
Section 9. That chapter 23-7 be amended by adding a NEW SECTION to read:
The holder of the gold card permit to carry a concealed pistol may renew the permit through
the sheriff of the county where the holder resides, no earlier than ninety days prior to the
expiration of the permit. The holder shall pay a seventy dollar renewal fee and pass a National
Instant Criminal Background Check prior to the renewal of the permit. The renewal fee shall
be distributed as set forth in subdivision (5) of section 7 of this Act.
Section 10. That chapter 23-7 be amended by adding a NEW SECTION to read:
The gold card permit to carry a concealed pistol is valid for a period of five years from the
date of issuance.
Section 11. That chapter 23-7 be amended by adding a NEW SECTION to read:
A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed
pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or
if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g)
as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from
receiving, possessing, or transporting a firearm.
Upon such occurrence, the permit holder shall immediately return the gold card or enhanced
concealed pistol permit to the county sheriff of the permit holder's county of residence. If the
permit has not been returned, upon learning that a permit holder is ineligible for a gold card or
enhanced permit for any violent crime or for a crime punishable by more than one year of
incarceration, the sheriff of the permit holder's county of residence shall secure the possession
and return of the gold card or enhanced permit forthwith. For any other disqualifying offense
set forth above the sheriff of the permit holder's county of residence shall secure the possession
and return of the gold card or enhanced permit as soon as reasonably possible after being
notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has
been secured by law enforcement under this section may petition the circuit court for the return
of the gold card or enhanced permit if the permit holder believes the gold card or enhanced
permit was unlawfully secured. Law enforcement may communicate with federally licensed
firearms dealers relative to revoked gold card or enhanced permits.
Section 12. That chapter 23-7 be amended by adding a NEW SECTION to read:
It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced
concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol
permit.
Section 13. That chapter 23-7 be amended by adding a NEW SECTION to read:
If any person is convicted of any offense which results in the automatic revocation of a gold
card or enhanced permit to carry a concealed pistol under this chapter, the court entering the
conviction shall require the surrender to the court of all gold card or enhanced concealed pistol
permits held by the person convicted. The court shall forward all gold card and enhanced
concealed pistol permits to the sheriff of the defendant's county of residence.
Section 14. That chapter 23-7 be amended by adding a NEW SECTION to read:
It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff
of the person's county of residence, upon lawful demand, a gold card or enhanced permit to
carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced
permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall
direct a law enforcement officer to secure its possession and return in compliance with section
11 of this Act. The law enforcement officer shall receive ten dollars and fifty cents plus mileage,
at a rate established by the State Board of Finance, to be paid by the violator. Failure to pay the
fee and mileage is a Class 2 misdemeanor.
Section 15. That chapter 23-7 be amended by adding a NEW SECTION to read:
Law enforcement may periodically perform a National Instant Criminal Background Check
of gold card or enhanced concealed pistol permit holders for the purposes of determining
whether the permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g)
as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.
Section 16. The Act is effective January 1, 2017.