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South Dakota Passes Constitutional Carry, Governor Noem Signs Bill

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Here is one of the sections repealed: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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