CHAPTER 122

(HB 1189)


Federal firearms licensee requirements clarified.


         ENTITLED, An Act to  clarify the application of certain provisions pertaining to the sale of pistols.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 23-7-9 be amended to read as follows:

     23-7-9.   No seller federal firearms licensee may deliver a pistol to a person who has purchased a pistol until forty-eight hours have elapsed f rom the time of the sale of the pistol. A person who has in his or her possession a valid permit to carry a concealed pistol shall be is exempt from the forty-eight hour waiting period. When a pistol is delivered, the pistol shall be securely wrapped and shall be unloaded. A pistol that is securely wrapped and delivered to a purchaser pursuant to this section is not a concealed weapon under § 22-14-9. A violation of this section is a Class 1 misdemeanor.

     Section  2.  That § 23-7-10 be amended to read as follows:

     23-7-10.   At the time of purchase of a pistol, a any person who does not have in his or her 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 federal firearms licensee 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 federal firearms licensee by the chief of police or sheriff and the original shall be retained by him for a period of one year.

     Signed February 22, 2005
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