South Dakota § 23-7-7.1 - Requirements for issuance of temporary permit--Time requirement--Appeal of denial.

§ 23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.

A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application if the person:

(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 § 27A-1-1 or is not currently adjudged mentally incompetent;

(6)    Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;

(7)    Has had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;

(8)    Is a citizen or legal resident of the United States;

(9)    Is not a fugitive from justice; and

(10)    Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.

A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Source: SL 1985, ch 190, § 9; SL 1986, ch 190; SL 1989, ch 210, § 1; SL 1993, ch 182, § 2; SL 1995, ch 127; SL 2002, ch 118, § 5; SL 2009, ch 121, § 2; SL 2011, ch 123, § 1; SL 2018, ch 140, § 2; SL 2019, ch 113, § 7.