South Dakota’s New Law Allows Permitless Carry

Last Thursday, South Dakota's new governor Kristi Noem (R) signed SB 47 into law. The bill, among other things, repealed the licensing requirement to carry a concealed firearm. Under the new law, which takes effect July 1, 2019, individuals no longer need to obtain a permit to carry a concealed firearm in South Dakota.

Governor Noem's signature on the legislation was not surprising given her campaign platform and prior accomplishments. On her website, then gubernatorial candidate Noem documented her protection of the Second Amendment under her 4 Pillars of Protection. She also listed leading the U.S. House of Representatives in passing national right-to-carry legislation under her accomplishments (the bill ultimately died in the Senate due to that chamber's inaction).

However, the change in the law is only restricted to those who would have been lawfully able to obtain a concealed carry permit under the old statutory regime. Individuals who are prohibited under federal or state law are not able to lawfully carry a concealed firearm. South Dakota residents are still able to obtain a permit, should they choose to, in order to carry in another state that offers reciprocity and requires an individual obtain a permit in their home state.

In addition to amending the existing law, the bill also added two new provisions. The first prevents a person from carrying a concealed pistol in any licensed establishment that sells malt liquor or alcoholic beverages and derives more than half of its income from the sale of malt liquor or alcohol. The second provision prevents a person who is under the age of 18 from carrying a concealed pistol unless they are in the presence of their parent or guardian.

The Argus Leader reports that there is another bill currently under consideration which would restrict permitless carry to South Dakota residents only. No action has been taken on that bill at this time. The NRA commended the actions of South Dakota's governor and legislature by calling the law “a common sense measure that allows law-abiding South Dakotans to exercise their fundamental right to self-protection in the manner that best suits their needs.”

ABOUT THE AUTHOR

Adam Kraut is a firearms law attorney practicing in southeastern PA and across the country federally. He hosts The Legal Brief, a show dedicated to crushing the various myths and misinformation around various areas of the gun world and The Gun Collective Podcast. He was also the general manager of a gun store in the suburbs of Philadelphia.