Changes to Existing Law

Any person who is permitted to carry a concealed pistol in a state with which the12 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 permit14 holder carries the pistol in compliance with the laws of this state. Any violation of this section15 is a Class 1 misdemeanor.

A permit to carry a concealed pistol shall be issued to any person by the sheriff of21 the county in which the applicant resides. The permit shall be valid throughout the state and22 shall be issued pursuant to § 23-7-7.1. For purposes of verifying the qualifications of an23 applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a24 - 3 -HB 1041 background investigation, including a computer check of available on-line records and the1 National Instant Criminal Background Check. The issuance of a permit to carry a concealed pistol pursuant to this chapter or the recognition of nonresident permits to carry a concealed pistol under § 23-7-7.4 do not impose a general prohibition on the carry of a pistol without a permit.

A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application to a person if the applicant person: (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 crime10 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 "danger14 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 is16 being made for at least thirty days immediately preceding the date of the application; (7)Has had no violations violation of chapter 23-7, 22-14, or 22-42 constituting a felony18 or misdemeanor in the five years preceding the date of application or is not currently19 charged under indictment or information for such an offense; (8)Is a citizen or legal resident of the United States; (9)Is not a fugitive from justice; and22 (10)Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October23 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving,24 - 4 -HB 1041 possessing or transporting a firearm, and passes a National Instant Criminal1 Background Check. A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Any valid permit to carry a concealed pistol, issued to a nonresident of South5 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 Dakota7 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 secretary of state shall prescribe the form of the permit to carry a concealed18 pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card19 permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's20 name, address, the expiration date, and the issuance date of the permit. The enhanced permit to21 carry a concealed pistol must shall clearly designate that the permit is enhanced and the gold22 card permit must shall 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 any24 - 5 -HB 1041 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 prevents2 any law enforcement officers officer, Department of Corrections employees employee, parole3 agents agent, security guards guard employed on the premises, and or any other public officials official, with the written permission of the sheriff, from carrying a concealed weapons weapon in the performance of their that person's duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.

Upon the expiration of a permit to carry a concealed pistol that was issued9 pursuant to this chapter, the permit holder has a sixty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol and the permit holder is not in violation of § 22-14-9. Notwithstanding this provision, a law enforcement officer may issue a warning ticket to any permit holder during the grace period who is carrying a concealed pistol with an expired permit. The warning ticket shall provide notification that the permit holder's permit is expired and that the permit holder has sixty days from the expiration date to renew the permit.

When a Any pistol that is delivered, the pistol shall be securely wrapped and shall18 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 misdemeanor.