South Dakota Passes Constitutional Carry, New Governor Noem Signs Bill

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South Dakota Passes Constitutional Carry, New Governor Noem Signs Bill

Arizona -(Ammoland.com)- – On January 31, 2019, Governor Kristi Noem signed her first bill into law. The bill was SB47, South Dakota Constitutional Carry. From sd.gov:

Governor Kristi Noem today signed her first bill into law. SB47, which Noem signed today, will further protect the Second Amendment rights of South Dakotans by allowing constitutional carry. The bill will go into effect July 1, 2019.

“More than 230 years ago, the Founding Fathers of our country penned the Constitution that has since laid the framework for centuries of policies. They so firmly believed in the importance of the freedom to bear arms that they enshrined it into the Constitution’s Second Amendment,” said Noem. “This constitutional carry legislation will further protect the Second Amendment rights of South Dakotans.”

The bill passed extremely rapidly. I was impressed. The South Dakota legislature kept their word. Governor Noem kept her word. Bill SB 47 passed on 22 January, 2019, in the Senate. From argusleader.com:

PIERRE — A bill allowing people to carry concealed handguns without a permit has passed the South Dakota Senate.

Senate Bill 47 will now go to the South Dakota House for consideration after the Senate passed the measure, sometimes called “constitutional carry,” in a 23-11 vote after an hour of debate on Tuesday afternoon.

The South Dakota House passed SB47 on 29 January, 2019, 47 to 23.

The bill appears to be straightforward,  repealing sections of South Dakota law.

Here is one of the sections repealed:

22-14-9. Carrying concealed pistol or revolver without a permit–Misdemeanor. Any person, other than a law enforcement officer as defined in § 22-1-2 acting under color of authority, who:

(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or
(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7; is guilty of a Class 1 misdemeanor.

The current South Dakota permit system, with a base permit and an enhanced permit, will remain in place.  It simply will not be illegal for people to carry openly or concealed without a permit. Minors will need to be accompanied by a parent or guardian if they are carrying concealed.

South Dakota is a strongly conservative state. I expected it to pass Constitutional Carry years ago.

Constitutional Carry is a reform and repeal of gun laws restrictions. The reform and repeals approximate the level of restrictions in place when the Bill of Rights was adopted in 1791.

South Dakota passed Constitutional Carry more than once. Popular Republican Governor Dennis Daugaard vetoed a Constitutional Carry more than once. He vetoed a Constitutional Carry bill on March 17, 2017.

Governor Daugaard vetoed his first Constitutional Carry bill in 2012.  In between, Daugaard was certain to lobby against Constitutional carry, and get it killed with legislative manuevers. Governors do not like to veto popular bills. It makes them look bad. Legislators do not like to override vetoes of governors of their party. Governor Daugaard seems to have had a phobia against Constitutional Carry.

South Dakota is now the 14th State to pass Constitutional Carry.

Oklahoma is the next state most likely to join the list.  Governor Fallin vetoed Constitutional Carry in Oklahoma in 2018, on May 11th. Oklahoma has a new governor.

The Oklahoma legislature need only look to South Dakota for success.

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 18 thoughts on “South Dakota Passes Constitutional Carry, New Governor Noem Signs Bill

    1. I recently purchased a concealed permit from the Sheriff in Hamlin County. That was a waste of $10.00 for 5 years. Letting anyone carry a weapon on person or in a vehicle is not a good thing to pass in this state. I suppose now to make up for the 10 bucks lost by the state they will pass a law for everyone to take a $300.00 gun class (every 3 years) to create jobs, more paperwork, and more excuses (for noncompiance of a gun class) for police to add fines for the countys. Some things should be regulated in ways for public safety but now with the mantra of Rebublican deregulation of everything will allow anyone to carry a death machine. It is counterintuitive because now the state can not collect fines for not having a permit thusly having the means and reason to add some other fines for highway safety stops. It’s a Republican NRA state so this message will go to many deaf and dumb ears. All my nation building buddys are worried the government taking away their guns! I respond by saying any medium infraction you have with the law or government in the very near future you will lose your house and all property first and the guns will just go along with it to fund more laws, police vehicles, bonuses for disgruntled citizens to report their neighbors. Something like after the Weimar Republic in Germany.

    2. I heard NY was considering Constitutional carry, just kidding. The more states that approve our God given rights is a step in the right direction. I would like to see Tennessee approve it but that is kind of unlikely under the new Republican Governor we just elected, according to the state gun association.

    3. This keeps going, and I’ll be able to travel home and not have to worry about breaking any carry laws the entire 1200 miles. If Oklahoma would just change the speed limit on I 40 while they’re at it. 🙂

    4. Criminals carry guns illegaly because of their life choices and have nothing to lose. Law bidding citizens have to have government permission to protect them selves. Most people can’t afford $300 for a permit license. I think Constitutional carry is a good idea. Providing the gun owner has some kind of safety training how to operate the weapon. So that There is no unfortunate accidents.

      1. @ Trigger76
        “I think Constitutional carry is a good idea. Providing the gun owner has some kind of safety training how to operate the weapon. So that There is no unfortunate accidents.”

        I failed to locate that clause in the 2 nd. amendment.

        “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

        I also failed to locate it in Vermont’s Article 16 of the Vermont constitution.

        Article 16th. Right to bear arms; standing armies; military power subordinate to civil

        “That the people have a right to bear arms for the defence of themselves and the State – and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.”

        Vermont has always had nothing other than Constitutional carry,since and before Vermont’s inclusion as the 14 th. state,1791, to the federal union.

    5. Now let me get this straight…Am I now allowed to carry a hand gun or rifle either in my car or on my person, loaded or unloaded, while I’m passing through South Dakota without a SD permit in my possession, but holding a resident permit or non-resident from another state not officially recognized by South Dakota?

      1. I believe it would mean you wouldn’t need any permit at all. NH has a similar law and anybody who legally possess their weapon can carry, regardless of whether or not they have a “resident” permit.
        I think there is a handful of states that have constitutional carry for their citizens, but you need a resident permit if you are from out-of-state and carrying there. I do not believe South Dakota fits that bill.

      2. SD law I believe states South Dakota residents are covered by this chance. We do have a reciprocity law with at least 23 or more states that SD honers their permits. You can go to sdgov.sd/firearms, and view all firearms requirements listed below it. Welcome to SD!

      3. See Article 4, Section 2 to answer your question. You should also note Section 1. It is SO distressing seeing so many people carry on about a lack of/need for “national reciprocity.” It is already there and IT IS the law.

          1. —-Unfortunately ( and I have never been able to find a good explanation, ) the “full faith and credit” clause does not apply to concealed weapons permits, admission the bar. etc., nor does it apply to drivers licenses–those are recognized due to a compact between states–

    6. The governor in the state of Oklahoma has publicly said that he will sign a bill into law for the right for law abiding citizens to carry without a permit.

    7. At one time there was always,since 1791,one state,Vermont,that as the Constitution ,the way the founders intended,has had Constitutional carry/Vermont style carry,the old term for Constitutional carry.

      Then came Alaska and so on and so on,now up to 14 states,over 1/4 of the several states,a spreading return to the 2 nd. amendment as written by the founders.

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