Changes In South Dakota’s Concealed Carry Law

SayUncle points to a story today indicating that the South Dakota legislature is rethinking its ban on concealed carry permits for non-citizens. As I pointed out in examining a Kentucky case, Say v. Adams, I didn’t think South Dakota had much of a leg to stand on.

As it is, South Dakota has one of the best concealed carry laws short of constitutional carry. It only requires a clean criminal and mental health record. The law also allows 18-year olds to obtain a permit. There are no training or marksmanship requirements.

HB 1149 which would change the law to include legal residents was introduced yesterday. The text of the bill is below:

State of South Dakota
EIGHTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY, 2011

HOUSE BILL NO. 1149

Introduced by: Representatives Gosch, Blake, Bolin, Brunner, Conzet, Gibson, Hansen (Jon), Hunt, Kirkeby, and Liss and Senators Cutler, Begalka, Brown, Frerichs, Olson (Russell), Peters, and Rave

FOR AN ACT ENTITLED, An Act to allow legal residents of the United States to obtain 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 as follows:
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;
(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.

Rarely would I say that the passage of a bill in any legislature is a slam dunk. However, this bill will be passed.

It is sponsored by both Democrats and Republicans in the South Dakota House and Senate. More importantly, it has as co-sponsors the Speaker Pro Tem of the House and the Majority and Minority Leaders of the Senate. Finally, the Governor of South Dakota has come out in favor of the change. It is good to see a legislature that is so quick to move to correct what is a constitutional defect in a law.