SOUTH DAKOTA CODIFIED LAWS
TITLE 23. LAW ENFORCEMENT
CHAPTER 23-7. FIREARMS CONTROL
Copyright (c) 1968-1995
by the State of South Dakota. All rights reserved.
Current through End of 70th Annual Session (1995)
23-7-7 Permit to carry concealed pistol -- Statewide validity -- Issuance.
A permit to carry a
concealed pistol shall be issued to any person by the
sheriff of the county or the
chief of police of the municipality in which the
applicant resides. The permit
shall be valid throughout the state and shall be
issued pursuant to s 23-7-7.1.
Source: SL 1935, ch 208, s
7; SDC 1939, s 21.0107; SL 1972, ch 145, s 1; 1985,
ch 190, s 8.
23-7-7.1 Requirements
for issuance of temporary permit -- Time -- Appeal of
denial.
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 s 27A-1-1 or is not currently
adjudged
mentally incompetent;
(6)
Has been a resident of the county or municipality where the
application
is being made for at least thirty days;
(7)
Has had no violations of chapter 23-7, 22-14, or 22-42 in the two
years
preceding the date of application; and
(8)
Is a citizen of the United States or has been in the United States
legally
for at least two years.
A person
denied a permit may appeal to the circuit court pursuant to
chapter 1-26.
Source: SL 1985, ch 190, s
9; 1986, ch 190; 1989, ch 210, s 1; 1993, ch 182, s
2; 1995, ch 127.
23-7-7.2 Liability of issuing authority.
No issuing authority,
that has issued the permit in conformity with this
chapter, is civilly liable
to any injured person or his estate for any injury
suffered, including any action
for any wrongful death or property damage
suffered, because of the issuance
of a concealed weapons permit, or temporary
permit, to any person.
Source: SL 1989, ch 210, s
2.
23-7-8 Application for
permit -- Form and contents -- Distribution of
copies -- Issuance
of official permit.
The application for
a permit to carry a concealed pistol shall be in
triplicate on a form prescribed
by the secretary of state. The application
shall require the applicant's
complete 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
original shall be delivered to the applicant as the
temporary permit, the duplicate
shall within seven days be sent by first class
mail to the secretary of state
who shall issue the official permit, and the
triplicate shall be preserved
for four years by the authority issuing the
permit.
Source: SL 1935, ch 208, s
7; SDC 1939, s 21.0107; SL 1972, ch 145, s 2; 1985,
ch 190, s 10.
23-7-8.2 Duration of permit -- Fee.
The permit to carry
a concealed pistol shall be valid for a period of four
years from the date of issuance.
The fee for issuing the permit is six dollars.
The fee shall be collected
by the local authority. Three dollars of the fee
shall be remitted to the secretary
of state and three dollars shall be
deposited in the general fund
of the county or municipality issuing the permit.
Source: SL 1985, ch 190, s 12; 1993, ch 182, s 1; 1994, ch 177, s 1.
23-7-8.3 Permit issued to specific person -- Transfer prohibited.
A permit to carry a
concealed pistol shall be issued to a specific person
only and may not be transferred
from one person to another.
Source: SL 1985, ch 190, s 13.
23-7-8.4 Revocation of permit -- Procedure.
A prosecuting attorney,
upon application of a law enforcement officer, may
apply to the circuit court
for an order to show cause why a person's permit to
carry a concealed pistol should
not be revoked. Upon order of the court, after
hearing, the permit shall
be revoked and the holder of the permit shall
immediately surrender the
permit to the sheriff of the county in which he
resides.
Source: SL 1985, ch 190, s
14.