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SD signs reciprocity Agreement with Tennessee

Josey1Josey1 Member Posts: 9,598 ✭✭
edited August 2003 in General Discussion
Permit to Carry a Concealed Pistol

An individual who wishes to carry a concealed pistol on or about his person or in a vehicle must obtain a Permit to Carry a Concealed Pistol (SDCL 22-14-9). A person does not need a permit to own a pistol, keep it in his home, business, or property, or visibly carry it (SDCL 22-14-11).

Carrying a concealed pistol without a permit is a class 1 misdemeanor punishable by one year imprisonment in a county jail or one thousand dollars, fine, or both (SDCL 22-14-9).

A Permit to Carry a Concealed Pistol may be obtained from the sheriff of the county which the applicant is a resident (SDCL 23-7-7).

A permit is valid for four years, and the fee is $10.00 (SDCL 23-7-8.2).

The applicant must complete a form called an Application for a Temporary Permit to Carry a Concealed Pistol. The information required for the permit includes (SDCL 23-7-8): the applicant's name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a statement that the information on the application is true and correct, and the applicant's signature. The applicant's drivers license number will serve as the pistol permit number.

Providing false information or false evidence of identity in applying for a permit to carry a concealed pistol is a Class 6 felony punishable by two years imprisonment in the state penitentiary or a fine of two thousand dollars, or both.

The applicant must also meet the following requirements (SDCL 23-7-7.1):

18 years-of age or older;
never pled guilty to, nolo contendere to, or been convicted of a crime of violence;
not habitually intoxicated or drugged;
no history of repeated acts of violence; and
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.
has been a resident of the county or municipality where the application is being made for at least thirty days.
has had no violations of chapter 23-7, firearms control, 22-14, unlawful use of weapons, or 22-42, controlled substances, marijuana, in the five years preceding the date of application.
The sheriff will issue a temporary permit within five days from the date of application (SDCL 23-7-7.1).

Within seven days after the temporary permit has been issued, the sheriff sends a copy of the application to the secretary of state who issues the official permit (SDCL 23-7-8).

The permit is valid throughout South Dakota except in any 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 (SDCL 23-7-8.1); any county courthouse as defined in SDCL 22-14-22; or any elementary or secondary schools (SDCL 13-32-7). The permit is not transferable from one person to another (SDCL 23-7-8.3).

Pistol Permit Front & Back

STATE OF SOUTH DAKOTA
Permit to Carry a Concealed Pistol

JOHN J DOE
500 ANYWHERE STREET
PIERRE SD 57501

No:
111223333

BORN:
1/13/1955
WGT:
213

HGT:
6/00
EYES:
GREEN

HAIR:
BROWN
Expires:
1/13/2004


The person issued this permit is entitled to carry a concealed pistol anywhere in South Dakota except where prohibited by law. This permit is not transferable.
Chris Nelson
Secretary of State


Reciprocity Agreements

Pursuant to SDCL 23-7-7.3 the Attorney General and the Secretary of State are currently working on reciprocity agreements for concealed weapons permits with a number of states. SDCL 23-7-7.3 provides:

The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.
Reciprocity has been established with the following states:

Alaska
Colorado

Florida (including non-resident permits)
Georgia
Indiana
Kentucky
Michigan
Montana
North Carolina
North Dakota

Tennessee
Utah (Limited to 60 consecutive days) (including non-resident permits)
Wyoming

You must comply with the laws of the state you are entering.
For information regarding other State's laws visit http://www.packing.org/.

For current reciprocity status, please contact the Secretary of State's Office at (605) 773-3537.

Purchase of a Firearm

Federal Requirements

Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms firearms transaction form 4473. This form will be maintained by the dealer.

A firearms purchaser must, under the permanent provisions of the federal Brady law, also undergo a National Instant Criminal Background Check System (NICS) check which will be performed by the firearms dealer. The check will indicate to the dealer whether or not the purchaser's background allows for the person to actually complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeals process which the purchaser can pursue to receive the necessary clearance to complete the purchase.

If the purchaser has a South Dakota concealed weapons permit issued prior to November 30, 1998, but within five years of the purchase date, the NICS check is not required.

For questions regarding federal regulations please contact the Bureau of Alcohol, Tobacco and Firearms Programs Division (202)927-7770.

State Requirements

SDCL 23-7-10. At the time of purchase of a pistol, a person who does not have in his possession a valid permit to carry a concealed pistol shall complete an application to purchase a pistol. The form of the application to purchase a pistol shall be prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, physical description, the date and hour of application, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a statement that the information on the application is true and correct, and his signature. The seller shall within six hours send by first class mail or hand deliver the completed application to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The duplicate shall be returned to the seller by the chief of police or sheriff and the original shall be retained by him for a period of one year.

Application for Purchase of a Pistol
http://www.state.sd.us/sos/Firearms/index.htm

"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
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