FOR AN ACT ENTITLED, An Act to allow certain persons with a felony conviction to apply for a concealed pistol permit.
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.

    A person convicted of a felony, which is not classified as a crime of violence, is eligible to receive a permit to carry a concealed pistol only if the application for the permit is being made more than fifteen years after the person was last discharged from prison, jail, parole, or probation for that conviction.

    A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.