Senate endorses constitutional carry

PIERRE — South Dakotans got a step closer to being able to carry concealed weapons without a permit as the Senate passed SB47 which allows what is often called permitless or constitutional carry.

On Tuesday (Jan. 22) Sen. Brock Greenfield, R-Clark, noted that South Dakota is an open carry state, but gun owners who cover their gun with a coat or put it in a purse are in violation of the law unless they have a concealed carry permit.

SB47 allows people who qualify to own a gun to automatically qualify for constitutional carry.

Greenfield said disqualifying factors would be in effect to make people ineligible for constitutional carry. They include:

• Must be 18 years old or older;

• Never pled guilty or no contest or convicted of a felony or crime of violence;

• Not habitually intoxicated or drugged;

• No history of violence;

• Not found in the last 10 years to be a danger to others or a danger to self;

• Not judged mentally incompetent;

• Not a fugitive from justice;

 • Must pass a National Instant Criminal Background Check.

Just because some people would choose permitless carry, Greenfield said, that would not change the permitting process. Many gun owners would still choose to get permits because having the permit allows them reciprocity to carry a concealed weapon in other states.

“Criminals are already carrying concealed weapons with no regard for our law,” Greenfield said, noting that 15 states have some form of constitutional carry law.

Asked if the bill had been endorsed by the Department of Public Safety or the state’s sheriff’s association, Greenfield said, “The answer, presently, is no.”

Greenfield went on to explain that he still has work to do “dispelling the myths and rumors about what this (bill) does and doesn’t do.”

Sen. Troy Heinert, D-Mission, said that without the endorsement of law enforcement it would be tough to support the bill. He urged sticking with the permitting process which costs $10.

“Nobody is trying to deny access,” Heinert said. “Go through the process. Ten dollars. Ten minutes.”

Sen. Lee Schoenbeck, R-Watertown, said the bill serves to offer guns to the very people who have been denied permits by their local sheriffs.

Permits have been the law in South Dakota for 155 years, Schoenbeck said, adding that SB47 leaves his constituents confused.

“They don’t understand why we’re doing this,” Schoenbeck said.

Sen. Stace Nelson, R-Fulton, who served in law enforcement for more than 23 years said it would take longer for him to dial 911 than to draw a weapon.

“Law enforcement cannot be there 24 hours a day to protect you,” Nelson said.

Sen. Lance Russell, R-Hot Springs, said South Dakota’s long history of issuing permits shouldn’t stand in the way of change.

“Just because we’ve made a mistake in the past doesn’t mean that we should perpetuate that,” Russell said.

For women, carrying a concealed weapon gives them an element of surprise, according to Sen. Lynne Disanto, R-Box Elder.

“As a woman, it’s safer for me to carry if it’s concealed,” Disanto said. “As a woman, I see that as true female empowerment.”

The bill passed through the Senate on a vote of 23-11. It will now move to the House where it will first be debated in committee.