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South Dakota Passes Constitutional Carry, Governor Noem Signs Bill

Seal of South Dakota

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.”

Seal of South Dakota
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.

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 Jan 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Here is one of the sections repealed: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 maneuvers.

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.

Does your state allow Constitutional carry? Share your state’s best gun rights successes in the comment section.

©2017 by Dean Weingarten

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Comments (12)

  1. I live in PA and unfortunately gun control is becoming harder and harder to fight off. With 2 cities controlling the entire state in the elections. And of course because they are democrat cities they are anti second amendment. I have not totally giving up but I am also researching what state I will move to if PA goes all the way to crap.

    1. Things are getting tougher in PA simply because the present gov has been bought out by bloomberg when he made his presence known when he gave wolfe money. Now watch how bloomberg controls wolfe even more….it’s all about the money and that is all. wolfe can have sex with a live snake and have room left over.

  2. BTW, back t that time even former convicts were able to keep and bear arms after they were released from prison. And their was no such thing as parole either. They served every bit of their sentences behind bars.

  3. AR is an open carry but permit to conceal.
    I ask everyone reading, how does “shall not be infringed” turn into the infringement of a permit? We must remove representatives that do not believe in the constitution. They are representatives and not little dictators!

  4. AZ here. Open and conceal carry no permit required. We still have a permit system and this allows for a few extra niceties.
    I haven’t done the research, in these states does one generally have to be a citizen of that state? Or just meet the requirement of a legal possessor to carry concealed without permit?

    1. I too live in AZ and you only have to be a legal possessor which means you at of age and of course not a felon or prohibited person. (Felon, pending criminal indictment of a violent crime, domestic violence, dishonorably discharged from the military, or a person that has not had their constitutional rights restored) There are rules as well on where and when you can carry etc. These rules differ between a person in possession of a concealed weapons permit and a person that carries without one.

  5. Not really a Con since those Thugs, criminals and low lives don’t care about following the law anyway and carry guns illegally no matter what the law says. No gun law has ever stopped a bad person from doing bad things.

  6. PROS: Can carry without the Govt hassle to impede our 2nd amendment a Liberty WIN

    CONS: Usually thugs, criminals, low lives are too lazy to do what it takes to get CnC license. CnC weeds out these people. Now any scumbag with a firearm can’t be detained as a result.

  7. Passing Constitutional Carry is a good thing. Still, I can’t help but think back to ‘better’ days, when carrying a weapon for self defense, or just because you felt like doing it was the Rule rather than the Exception. Have carried a weapon most of my life. There was a time in order to carry a handgun, the only thing needed was the purchase price and a brief background check by your LEO. I live in Texas and so far I haven’t heard of any steps being taken to restore this Right to the Law Abiding Citizens of Texas.

    1. To Edward, A little history on the prohibition of concealed carry. At a time in our country’s history, when all were able to carry without a permit (pistols and long guns) the idea of concealing the fact that you were armed had a dishonest connotation to it. It made folks wonder, “who ya trying to get the drop on?”

      This is how the concealed carry prohibition got started. Permits to carry hadn’t even been thought of yet.

    2. especially since they are letting the felons out of jail in Louisiana One such fool has already killed someone by driving drunk. Our governor was a thief and a liar before this happened. Now he is a murderer too !

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