An Act to address the issuance and revocation requirements pertaining to a permit to carry a concealed weapon.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   23-7-7 be AMENDED:

23-7-7. A permit to carry a concealed pistol must be issued to any applicant by the sheriff of the county in which the applicant resides. The permit must be valid throughout the state and must be issued pursuant to   23-7-7.1.

For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and a check utilizing the National Instant Criminal Background Check System.

The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.

Nothing in this section requires an individual to obtain a permit as a condition of carrying a concealed pistol in this state.

Section 2. That   23-7-7.1 be AMENDED:

23-7-7.1. A temporary permit to carry a concealed pistol shall must be issued to a person under   23-7-7, within five days of the 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:

(a) A felony or a;

(b) A crime of violence, as defined in   22-1-2;

(3) Is not Has no documented history of habitually being in an intoxicated or drugged condition;

(4) Has no documented history of violence;

(5) Has not been found in the previous ten years, in the immediately preceding ten-year period, been adjudged by a court to be a:

(a) A danger to others or a, as defined in   27A-1-1; or

(b) A danger to self, as defined in   27A-1-1 or is;

(6) Is not currently adjudged by a court to be mentally incompetent;

(6)(7) Has not been acquitted of a crime by reason of insanity, as provided for in   23A-26-5;

(8) 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)(9) Has had no violation of not, in the immediately preceding five-year period, been convicted of violating this chapter 23-7, chapter 22-14, or chapter 22-42, constituting a felony or misdemeanor in the five years preceding the date of application or is;

(10) Is not currently known to be charged under indictment or information for such an offense listed in subdivision (9) of this section;

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

(9)(12) Is not a fugitive from justice; and

(10)(13) 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, by:

(a) State law;

(b) 18 U.S.C.   922(g) (January 1, 2024); or

(c) 18 U.S.C.   922(n) (January 1, 2024); and passes

(14) Passes a National Instant Criminal Background Check.

If the sheriff denies an application for a permit under this section, the sheriff must, at the time of denial, provide the applicant with a copy of each document and record that the sheriff reviewed in making the determination.

A person denied a permit may appeal the denial to the circuit court, pursuant to chapter 1-26. The standard for review of a denial under this section is clear and convincing evidence.

For purposes of this section, the term "documented history" means substantiated facts contained in court records.

Section 3. That   23-7-8.4 be AMENDED:

23-7-8.4. A prosecuting attorney, upon application of a certified law enforcement officer, may apply to the circuit court for an order to show cause why revoking a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall or revoking a person's constitutional right to bear arms. An order of revocation issued under this section must be based on a finding that:

(1) The person no longer meets the requirements set forth in   23-7-7.1; or

(2) The person's right to bear arms is otherwise prohibited by state law.

The burden of proof under this section, which rests with the prosecuting attorney, i