South Dakota Passes Constitutional Concealed Carry Law

[Decoligny]

Most states will use a state-issued ID as equivalent of the state drivers license, so if you don't want to drive you can just pop over to the DMV to get an issued ID and carry that way.

Either way, its a big step forward and another state recognizing that special permission shouldn't be required.

Apparently the way the bill is currently written it requires the Driver's License, and only the Driver's License. It was even argued before the SD legislature that the 2A should not be subject to a requirement that you have a DL.

They will either need to write another bill that includes the alternate ID, or I see the Governor maybe shooting it down on that particular issue.

[Untamed1972]

Hmm.....well that sucks on the DL thing. Suprised they specifically limited it to a DL, and did not include an ID card as well for those that dont drive. But it seems they are still issuing CCWs to, so someone w/o a DL will just have to go that route and out of staters will need an accepted out of state CCW just as before.

[SilverTauron]

Hmm.....well that sucks on the DL thing. Suprised they specifically limited it to a DL, and did not include an ID card as well for those that dont drive. But it seems they are still issuing CCWs to, so someone w/o a DL will just have to go that route and out of staters will need an accepted out of state CCW just as before.

Alright, here's the skinny on why that law is written as it is.

South Dakota has a completely different culture toward guns than liberal districts in America.
In California and other places, the attitude with regard to handguns is that unless one has a CCW, that piece is locked and unloaded inside of a case at all times.
Here in South Dakota a person can freely shoot any weapon they choose on their own property or in any open public land isolated from urban population centers. No permit or permission from the sherrif or authorities is required to carry a weapon , loaded, unloaded, concealed, etc. on your own land.As long as one has a legitimate backstop, one can setup targets and shoot any weapon they got the ammo for at home without a single phone call or SWAT task force response.


Thus stated, public constitutional carry only makes sense in the context of travel. Its hard to fathom just how necessary a vehicle is in a place as rural as SD, but trust me, a car is vital for movement in this state. You can't just walk out of your 22 acre farm and go to the local store. I can easily see a legislator in this state logically deciding that there's no point in passing a law for constitutional carry if someone's not interested in leaving their property. Hence the DL requirement.

Before the law was passed the old CCW statute was that a state resident had to pay $10 ( someone call ALAN GURA! THE HORROR! ) and pass an NICS background check at the local police station. Between the ease of the process and the high numbers of states which have reciprocity with SD, odds are unless you live in one of those East Coast zones like Massachusetts or Maryland who don't have reciprocity with anyone,odds are you have reciprocity with South Dakota.

Open Carry is legal here as well, so in the event one does not have CCW recognition you can strap on a loaded exposed piece without much in the way of concern. I won't go so far as to say Law Enforcement won't be called out-liberals do live here too- but should they respond you will be treated with the utmost respect and courtesy.

South Dakota lawmen will NOT put you on the ground just because you are armed, and fully expect a "Glock vs M&P" debate once the IDs come back clear. Lawmen here are in a different century of competence and respect to the citizen. When a Rapid City officer was killed in the line of duty ordinary citizens lined up to pay their respects;when a South Dakota lawman falls we don't dishonor their memory with more BS gun laws.

[Untamed1972]

Thus stated, public constitutional carry only makes sense in the context of travel. Its hard to fathom just how necessary a vehicle is in a place as rural as SD, but trust me, a car is vital for movement in this state. You can't just walk out of your 22 acre farm and go to the local store. I can easily see a legislator in this state logically deciding that there's no point in passing a law for constitutional carry if someone's not interested in leaving their property. Hence the DL requirement.

Except that logic fails to consider that perhaps elderly people or those with poor eye sight who dont drive DO likely still leave their property int he company of someone who does drive. But should still have the ability to carry. But as stated CCWs at nominal cost are still available so it's like ONLY DL holders are being allowed to carry.

[mofugly13]

Does everybody in SD live on a 22 acre farm??

[SilverTauron]

Does everybody in SD live on a 22 acre farm??

Nope. But folks who don't are more than happy to bring $10 and proof of residency to the Sherrifs Department for a shall-issue CCW permit.If its a few days until payday, they may carry openly.

It is relevant to state here that unlike a lot of states, California included, the South Dakota CCW permit is valid immediately upon clearance of a background check. Once the applicant pays $10 and fills out the basic name, adress, phone number questionnaire the sherrif's clerk calls in to NICS just like an FFL would for a gun purchase. Once cleared, your paid receipt becomes a temporary CCW permit valid on the spot for 30 days following, which wasn't needed for that long as I received my permanent card 14 days later.

Except that logic fails to consider that perhaps elderly people or those with poor eye sight who dont drive DO likely still leave their property int he company of someone who does drive. But should still have the ability to carry. But as stated CCWs at nominal cost are still available so it's like ONLY DL holders are being allowed to carry.

Indeed.I understand that you guys are used to viewing every legal avenue to discover any infringements in the details, and that's OK. Trust me, if you wish to exercise you 2nd Amendment rights South Dakota won't stand in your way. Those older folk are more than welcome to fill out the same painless documentation to acquire a CCW. It should be mentioned that a DL is not necessary for CCW permit.

[hvengel]

Does everybody in SD live on a 22 acre farm??

No many of them live on 2,200 acre farms and a few live on 22,000 acre farms/ranches.

A few years ago my family and I traveled from the Bay Area to central N. Dak. for a funeral. When we were about 100 miles into Nevada on Highway 80 my wife commented about being in the middle of nowhere. I laughed and said that we were not even close to the edge of nowhere yet and when we had reached the middle of nowhere that she would know it. Implying that we would indeed be going through the middle of nowhere. Our route took us through Lemon S. Dak and about 40 miles south of there my wife said "Is this is the middle of nowhere?" and I said yes indeed we had reached the middle of nowhere.

Most people in California have no idea how vast and empty many parts of the US are including much of S. Dak. and N. Dak. particularly in the westerns parts. You can drive for extended periods of time and not see another car and it is not uncommon to travel 4 or five miles between farm/ranch houses (these will almost always be on opposite sides of the road so imagine how much farm/ranch land each house represents). Towns can be 30 to 50 miles apart and most of these towns have populations of a few hundred or less.

This makes for huge cultural differences that are reflected in politics and also in how those who work for local and state governments interact with and treat citizens.

[Coded-Dude]

Wouldn't this news make SD a green state? I believe open carry is legal with very few restrictions(entering FGFSZ requires permit, etc.).

[warkaj]

I see so many states issuing permits and that grass is starting to look awfuly green...

Yeh well wait until the 15% CA state income tax comes rolling in your way this January once it passes the ballot in November.... then the grass will be GLOWING green out of this State. You think it's bad now, give it time. The Governor is bleeding parents out on this, he's cutting schools and trying to put their children up as hostages to get the higher taxes... and he will get it. It's got 42% support now, wait till the 1,600 teachers get laid off this month like they plan... then it'll be over 50% support and we'll get nailed with higher income tax (the plan is 15%) and higher sales taxes... nothing like having 50% of your pay UP IN SMOKE before the ink even touches the check.

[Tarn_Helm]

Thanks!

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

Good clear summary.

Thanks!

[hvengel]

I have been working/living in Nevada for a few months now. The company I work for has been actively recruiting new employees and most of our candidates are from California. One of our major pitches is that NV does not have a state income tax and that sales tax rates are also lower. Even with the current marginal 11% rate in California the tax incentive for these recruits is very strong since these are high paying jobs even by California standards and all of the recruits are people who would be paying higher marginal tax rates in California. Raising the top rate in California to 15% will only make it easier for companies in other states to draw these highly paid professionals away from California. In the long run this will degrade the tax base and reduce the states revenues.

To be more related to the subject of this thread many of these recruits also ask about the state being shall issue and in most cases it is apparent that they view this in a favorable light. For example, a recent recruit (with a PHD in astral physics) asked about this at our group lunch (Isn't Nevada shall issue?) the day he was here for his onsite interview. We had a lively 5 minute exchange talking about Nevada's CCW and open carry laws. It was apparent that he knew about the shall issue CCW law but may not have been sure of all of the details. It appeared that the did not know that open carry was legal. He will be starting work here early next month so Nevada's liberal gun laws did not scare him away.

[hvengel]

double post.

[ccmc]

This same basic concern also applies to those who are not from S. Dak. since the new law results in those from other states being treated differently than someone from S. Dak. This might be an equal protection violation.

The "fix" for things like non-drivers would be to also allow concealed carry if those with any form of S. Dak. ID.

Rant mode on:

What's the fix for equal protection violation in California (no way for nonresidents to legally carry), and when will that happen? That's a much bigger problem than South Dakota's proposed CC law. Nonresidents still have a way to carry in South Dakota with any number of state LTCs available to them whereas no option is available for nonresidents in California. Fix your own state first, then ***** about other states.

Rant mode off.

[Bonzer Wolf]

http://sd.gov/governor/contact.aspx

[warkaj]

Good to see that there are some States that embrace the entire Constitution as a guiding document. Way to go South Dakota. My home state of Ohio is well on it's way to getting this passed as well... and picking up another tax payer from California. Hoping to hear something good this week on the job I interviewed for there in Columbus... hello 5% state income tax, "shall issue", high cap mags and class III tax stamps.