22.203.12 97th Legislative Session 708

2022 South Dakota Legislature

House Bill 1065

Introduced by: Representative Kevin Jensen

An Act to repeal references to nonresident holders of concealed pistol permits.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-14-9.2 be REPEALED:

Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to §§ 23-7-7.3, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.

Section 2. That § 23-7-7 be AMENDED:

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

Section 3. That § 23-7-7.4 be REPEALED:

Any valid permit to carry a concealed pistol, issued to a nonresident of South 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 Dakota statute or promulgated rule. This section does not require a nonresident of this state who may lawfully possess a pistol to have a permit in order to carry a concealed pistol in this state.

Underscores indicate new language.

Overstrikes indicate deleted language.