FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-14-9 be repealed.
    22-14-9. Any person, other than a law enforcement officer as defined in § 22-1-2 acting under color of authority, who:

            (2)    Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7;
is guilty of a Class 1 misdemeanor.
    Section 2. That § 22-14-9.1 be repealed.

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    22-14-9.1. 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 § 23-7-7.3. Any 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 That § 22-14-9.2 be repealed.
    22-14-9.2. 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 §§ 23-7-7.3, 22-14-9.1, 22-14-9.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.
    Section 4. That § 22-14-10 be repealed.
    22-14-10. The provisions of § 22-14-9 do not apply to any person carrying any unloaded pistol or revolver for the purpose of, or in connection with, any lawful use, if the unloaded pistol or revolver is carried:

    No person who complies with this section may be required to obtain a permit for the lawful uses described in this section.
    Section 5. That § 22-14-11 be repealed.

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    22-14-11. The provisions of § 22-14-9 do not apply to any person who possesses a pistol or revolver in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.
    Section 6. That § 22-14-27 be amended to read:
    22-14-27. It is not a defense to a prosecution under § 22-14-23 that the No defendant may claim as a defense to any prosecution under § 22-14-23 that the defendant was the holder of a concealed weapons permit to carry a concealed pistol issued pursuant to §§ 23-7-7 and 23-7-7.1 chapter 23-7.
    Section 7. 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 Any person may submit an application to the sheriff of the county in which the applicant person resides. The permit shall be valid throughout the state and shall be issued for an optional permit to carry a concealed pistol pursuant to the requirements provided under § 23-7-7.1. Prior to issuing the a permit pursuant to this section, 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 provided under § 23-7-7.1. For the purposes of this section, a background investigation is defined as a computer check of available on-line records. This section may not be construed to impose a prohibition against carrying a concealed pistol without a permit, nor may this section be construed to prohibit the recognition of out-of-state permits to carry a pistol openly or concealed, loaded or unloaded, in accordance with reciprocity agreements entered into pursuant to § 23-7-7.4.
    Section 8. That § 23-7-7.1 be amended to read:
    23-7-7.1. A temporary optional permit to carry a concealed pistol shall be issued within five days of application to a any person who applies if the applicant:

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            (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.

    A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
    Section 9. That § 23-7-7.2 be amended to read:
    23-7-7.2. No issuing authority, that has issued the a permit to carry a concealed pistol in conformity accordance with this chapter, is civilly liable to any injured person or his estate for any injury suffered, including any action for any wrongful death or property damage suffered, because of the issuance of a concealed weapons permit, or temporary the issuing authority issued a permit, to any person. For purposes of this section, the Division of Criminal Investigation is considered an issuing authority when issuing a certificate of completion pursuant to § 23-7-59.
    Section 10. That § 23-7-7.4 be amended to read:

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    23-7-7.4. Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply. The provisions of this section may not be interpreted to require a nonresident of South Dakota who may lawfully possess a pistol to have a permit in order to carry a concealed pistol in this state.
    Section 11. That § 23-7-7.6 be amended to read:
    23-7-7.6. Notwithstanding the five day requirement provided in § 23-7-7.1, if the If any background investigation under conducted pursuant to § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary optional permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1.
    Section 12. That § 23-7-8 be amended to read:
    23-7-8. The An application for a an optional permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol issued in accordance with this chapter 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 a 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 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 a temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.
    Section 13. That § 23-7-8.1 be amended to read:
    23-7-8.1. The secretary of state shall prescribe the form of the any permit to carry a concealed pistol, 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 issued in accordance with this chapter. Each permit shall list the applicant's name, address, 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, Department of Corrections employees, 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 14. That § 23-7-8.2 be amended to read:
    23-7-8.2. The Any permit to carry a concealed pistol issued under § 23-7-8 is valid for a

period of five years from the date of issuance. The application fee for issuing the a permit, other than an enhanced permit or a gold card permit, is ten dollars. The local authority shall collect the fee. Seven dollars of the fee shall be remitted to the secretary of state and three dollars shall be deposited in the general fund of the county or municipality issuing the permit.
    Section 15. That § 23-7-8.3 be amended to read:
    23-7-8.3. A Any permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.
    Section 16. That § 23-7-8.7 be amended to read:
    23-7-8.7. The provisions of § 23-7-8.6 do not apply to:

            (1)    Records of firearms that have been used in committing any crime;

            (2)    Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;

            (3)    Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;

            (4)    Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;

            (5)    Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;

            (6)    The secretary of state for the issuance of concealed pistol permits any permit to carry a concealed pistol pursuant to this chapter 23-7 and, or any access reasonably necessary to verify information with regard to specific permits individually; and

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            (7)    The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by § 23-7-8.
    Section 17. That § 23-7-9 be amended to read:
    23-7-9. When a Any pistol that is delivered, the pistol shall be securely wrapped and shall be unloaded. A pistol that is securely wrapped and delivered to a purchaser pursuant to this section is not a concealed weapon under § 22-14-9. A violation of this section is a Class 1 misdemeanor.
    Section 18. That chapter 23-7 be amended by adding a NEW SECTION to read:

    No person may carry a concealed pistol 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.
    Section 19. That chapter 23-7 be amended by adding a NEW SECTION to read:

    No person under the age of eighteen years of age may carry a concealed pistol except in the presence of a parent or legal guardian.