January 22, 2019

Uncovering the Issue of Concealed Weapons

The past several legislative sessions have witnessed multiple bills dealing with concealed weapons.  This year, there are already six bills dealing with the issue of when people can conceal firearms and whether or not the process of getting a permit should be required.

This issue gets a bit technical and the South Dakota Chamber of Commerce and Industry follows the bills dealing with concealed weapons looking for one thing – do any of them interfere with a business’s right to prohibit firearms on their property or in their buildings.

Here are some basics that will make these bills a bit more understandable and the Chamber’s advocacy easier to follow.

South Dakota is an “open carry” state which means adult citizens are allowed to carry any weapon as long as people can see it.  Feel free to put a pistol on each hip, a shotgun across your back and walk around carrying various additional firearms.  Capitol-ism isn’t sure about whether or not the law allows a person to also carry long ammunition belts for the complete Rambo effect but one hopes that a person so well-armed doesn’t fall down and literally trigger an accidentally and potentially fatal massive misfire.   

The next step is when you want to conceal or hide your weapon, either intentionally or accidentally, even unavoidably, by simply putting on a jacket or raincoat that covers the gun from view.  Speaking on behalf of irksome smart alecks everywhere, it helps to be able to know if the target of an off-hand remark is armed.

Current law says people can get a permit to conceal a firearm and that one must be given to anyone who meets these conditions:

 23-7-7.1.   Requirements for issuance of temporary permit--Time requirement--Appeal of denial. A temporary permit to carry a concealed pistol shall be issued within five days of application to a person if the applicant:

             (1)      Is eighteen years of age or older;

             (2)      Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;

             (3)      Is not habitually in an intoxicated or drugged condition;

             (4)      Has no history of violence;

             (5)      Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;

             (6)      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)      Has had no violations of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;

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

             (9)      Is not a fugitive from justice; and

             (10)      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, and passes a National Instant Criminal Background Check.

     A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Most of the bills deal with allowing people to carry a concealed weapon without a permit and/or allow anyone to conceal a weapon – noting that someone might not qualify for a concealed permit and would be guilty of a violation if they concealed a weapon.  In that event, they would be given a citation but wouldn’t be screened by the application process.

SB 50 Sen. Nelson (R-Fulton) deals with allowing concealed weapons into the State Capitol building and other courthouses.  In the hearing conducted by the Senate Judiciary Committee, the bill contained this phrase “The permit enables the person to whom it was issued to carry a concealed pistol in any location, except as otherwise prohibited by law”, which clearly allows someone to enter a private property carrying a concealed weapon.

Senator Nelson agreed to an amendment that struck this language and more.  The bill passed committee as amended and will be debated by the full Senate this week.

Here is a list of the bills dealing with concealed firearms.  It should be noted that HB 1054 is slightly different than the others because it addresses a particular situation rather than amending the law about who can conceal a gun.  This bill clarifies what is required to carry a firearm on certain All-Terrain Vehicles (ATVs).

Gun Bills – At this time there appears to be six bills that deal with concealed weapons:

·       SB 9 - provide for the Service member Firearms Protection Act. 

·       SB 38 - provide for the carrying of a concealed pistol without a permit.

·       SB 47 - repeal and revise certain provisions regarding permits to carry a concealed pistol. 

·       SB 50 - remove restrictions regarding the carrying of a concealed weapon in the state capitol by permit holders. 

·       HB 1041 - provide for the carrying of a concealed pistol without a permit. 

·       HB 1054 – firearms on an ATV type vehicle –

Gender Identity/Schools – Being Mindful of the Potential Economic Impact

There are many aspects of the issues relating to gender identity that are complicated, nuanced and should be addressed with great care.  This is a legislative report and will deal with the narrow issues of public policy and, more specifically, the potential economic impact that may result from those policies.

A study of North Carolina’s experience with this issue brings the South Dakota Chamber of Commerce and Industry to looking at the bills that may be introduced with an eye on avoiding the economic consequences already experienced in other areas.  These consequences have resulted in lost opportunities for businesses in those areas – many locally owned businesses like restaurants, clothing stores, and local bed and breakfast hotels.

The consequences are not limited to sports tournaments and also include conventions and high-end entertainers that have been booked into the Sioux Falls Denny Sanford Premier Center and, in a few years, to the new arena in Rapid City.

How will the business community evaluate the economic impact of proposed gender identity bills?  While the opinions of the NCAA often get mentioned, there are other sources that will play more prominently in the evaluations made by South Dakota businesses.  These local sources include the Sioux Falls Sports Authority, various convention and visitor bureaus in the state and the management of performance venues, particularly the Denny Sanford Premier Center in Sioux Falls.

The only bill addressing gender identity that has be introduced so far this session is SB 49 Bolin (R-Canton) FOR AN ACT ENTITLED, An Act to declare void the transgender procedure adopted by the  South Dakota High School Activities Association and to establish a determinant in identifying a student's sexual identity for the purpose of participation in high school athletics.

This bill deals with students participating in team sports and does not attempt to regulate access to bathrooms or locker rooms and has not triggered any concerns about impact on local businesses to this point.  The South Dakota Chamber of Commerce does not plan on taking a position on SB 49, unless there are consequences to local businesses. 

SB 49 does override a policy of the South Dakota High School Activities Association.  Tension between the legislature and the Activities Association is not new.  And, while gender identity issues may be nuanced, getting into the kerfuffle between these two groups is not and the Chamber will avoid that like a champion sprinter heading out of the starting blocks.

The Bill List

It is early in the session and bills are due to be officially submitted.  Here is a partial list of bills being followed by the South Dakota Chamber of Commerce and Industry.

Click here to register for Business Day at the Legislature – February 21, 2019.