South Dakota Passes Constitutional Concealed Carry Law

[NotEnufGarage]

http://www.bonzerwolf.com/today/2012...carry-law.html

[Decoligny]

Anyone with a valid South Dakota driver’s license who isn’t disqualified from carrying a concealed weapon – including convicted felons, people with a “history of violence” and people with mental illness – will be able to carry a concealed weapon without the permit under the state law and the U.S. Constitution.

This can't be correct. You have to be able to drive a car in order to carry a gun?

The bolded section in particular when taken in context with the new bill looks like an out of state person, as long as they abide by all the other handgun laws of South Dakota, is exempted from the concealed carry license requirement too.

[Untamed1972]

Hell Yeah!

[HumGuns]

Far from 'constitutional' carry, a license is still needed; a SD driver's license.

[Lives_In_Fresno]

Far from 'constitutional' carry, a license is still needed; a SD driver's license.

I must have missed that part...What is it?

I saw that holders of permits from states having reciprocity agreements can CC in SD. So, those people don't likely have an SD DL.

[Untamed1972]

do not apply to any person who is otherwise in compliance with all other statutes of this state relative to the possession or use of handguns, pistols, and revolvers.

That bolded part is kind of confusing, because one of the "referenced laws" is the one about out of state permits. So wouldn't that mean if you are otherwise in compliance (ie not a prohibited person) that a permit is not required. I dont see anywhere in the law where it states one must posess a SD DL?

[SilverTauron]

Leave it to the press to leave out important details about South Dakota law.

For one, the minimum age to acquire a drivers license in this state is 14.Ill assume if you are still reading this that you have recovered from any fainting episodes brought on by that revelation.Now for the logical reason;towns in South Dakota are isolated in ways many urban Americans simply cannot fathom. In the northwest part of the state near Wyoming 50 miles between population centers is not uncommon. Sending Junior out for milk at the 'corner store' in this part of America usually requires use of the family car to do so.

Second, the criterion needed to acquire a permit to carry means driving the required distance to the nearest sherrif's office, filling out an NICS background check form, and paying the $10 fee on the spot. One walks out with a valid temporary permit to carry the moment the fee is paid, and the permanent CCW permit is mailed to the recipient approximately 7 days later.

The problem we had before this bill was passed is that the state law was mum on the concept of open carry versus concealed carry when a citizen has a permit. A friend of mine bought a Glock 23 and holds a CCW permit, and told me he open carried on occasion. I argued that he needed to keep that piece hidden to avoid a brandishing charge, as the South Dakota statue on that point is very broad. Brandishing can be interpreted as simply showing the weapon to another person in public, which is generally unavoidable with open carry. Thus, the dilemma-is one legal when open carrying, or is one brandishing? Does a CCW mean you HAVE to conceal the weapon, or can one still open carry as desired?

These questions were resolved by this legislative assembly, so that a citizen who decides to open carry won't face brandishing charges or loss of his permit should a LEO get bent out of shape on the subject.

[Decoligny]

Leave it to the press to leave out important details about South Dakota law.

For one, the minimum age to acquire a drivers license in this state is 14.Ill assume if you are still reading this that you have recovered from any fainting episodes brought on by that revelation.Now for the logical reason;towns in South Dakota are isolated in ways many urban Americans simply cannot fathom. In the northwest part of the state near Wyoming 50 miles between population centers is not uncommon. Sending Junior out for milk at the 'corner store' in this part of America usually requires use of the family car to do so.

Second, the criterion needed to acquire a permit to carry means driving the required distance to the nearest sherrif's office, filling out an NICS background check form, and paying the $10 fee on the spot. One walks out with a valid temporary permit to carry the moment the fee is paid, and the permanent CCW permit is mailed to the recipient approximately 7 days later.

The problem we had before this bill was passed is that the state law was mum on the concept of open carry versus concealed carry when a citizen has a permit. A friend of mine bought a Glock 23 and holds a CCW permit, and told me he open carried on occasion. I argued that he needed to keep that piece hidden to avoid a brandishing charge, as the South Dakota statue on that point is very broad. Brandishing can be interpreted as simply showing the weapon to another person in public, which is generally unavoidable with open carry. Thus, the dilemma-is one legal when open carrying, or is one brandishing? Does a CCW mean you HAVE to conceal the weapon, or can one still open carry as desired?

These questions were resolved by this legislative assembly, so that a citizen who decides to open carry won't face brandishing charges or loss of his permit should a LEO get bent out of shape on the subject.

The driver's license requirement appears to be a complete fabrication made up by the reporter. I just looked through all the South Dakota firearms laws that I could find. Nowhere in the South Dakota Codified Laws can I find a reference to the requirement to have a South Dakota Driver's License to get a permit.

What happens if you have a condition that keeps you from being able to drive? Isn't there a South Dakota ID Card that would be considered a comparable substitute?

The new law apparently will also apply to out of state visitors. Otherwise they would not have listed 22-14-9.2 in the new law. Does this mean that they want any out of state visitor to get a South Dakota Driver's License? I highly doubt that.

Here is the Secretary of State website:

http://sdsos.gov/content/viewcontent.aspx?cat=adminservices&pg=/adminservices/concealedpistolpermits.shtm

[POLICESTATE]

It's great that another state is going CC, but all the legal mumbo jumbo could be cleaned up.

[Decoligny]

Nutshell version with all the legal "mumbo jumbo" cleaned up.

Review South Dakota Codified Laws section 22-14 which deals with unlawful use of weapons.

Don't commit any of the offenses listed and you can legally carry concealed once this law passes.

Don't possess a gun with altered serial number
Don't possess a "controlled weapon"
Don't recklessly discharge a firearm
Don't possess firearm while intoxicated
Don't conceal with intent to commit a felony
Don't commit a felony while armed
Don't possess a firearm if you have a prior conviction for violent crime of certain drug related offenses (15 year prohibition)
Don't possess a firearm if convicted of DV
Don't give firearm to prohibited persons
Don't shoot at occupied structures from a motor vehicle
Don't shoot from a moving vehicle in municipality
Don't possess firearm in courthouse

[warkaj]

[IVC]

I must have missed that part...What is it?

It's a small, laminated document used as a permit to operate a vehicle, but that's not important now .

[SilverTauron]

The driver's license requirement appears to be a complete fabrication made up by the reporter. I just looked through all the South Dakota firearms laws that I could find. Nowhere in the South Dakota Codified Laws can I find a reference to the requirement to have a South Dakota Driver's License to get a permit.

What happens if you have a condition that keeps you from being able to drive? Isn't there a South Dakota ID Card that would be considered a comparable substitute?

The new law apparently will also apply to out of state visitors. Otherwise they would not have listed 22-14-9.2 in the new law. Does this mean that they want any out of state visitor to get a South Dakota Driver's License? I highly doubt that.

Here is the Secretary of State website:

http://sdsos.gov/content/viewcontent...olpermits.shtm

I have never heard of such a requirement either, and as you have stated there is no passage of law which requires it. The requirement to apply for a South Dakota permit to carry is for two forms of government ID, one of them being a picture ID & evidence of residency such as a utility bill or military orders.One typically uses a driver's license to satisfy the picture ID requirement, which may be why the reporter wrote the story the way they did.

[Decoligny]

I have never heard of such a requirement either, and as you have stated there is no passage of law which requires it. The requirement to apply for a South Dakota permit to carry is for two forms of government ID, one of them being a picture ID & evidence of residency such as a utility bill or military orders.One typically uses a driver's license to satisfy the picture ID requirement, which may be why the reporter wrote the story the way they did.

And since they won't have to have a permit anymore, they won't need to have any more ID than is required to obtain a handgun in the firstplace.

So, technically, someone who purchased a handgun 15 years ago, and hasn't had a driver's license for the past 10 years will still be able to carry concealed.

Don't know if SD is a stop and identify state, so he may even be able to carry concealed without even possessing any ID at all.

[IGOTDIRT4U]

That makes mroe sense, otherwise the legislature adding the out of state permits wouldn't make sense.

It seems like if you have a valid out of state permit that also has reciprocity with SD, as long as you follow the list of laws above, no permit nor DL is needed.