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SD CCW permit restrictions


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#1 Ron and Elena

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Posted 17 February 2012 - 10:49 PM

Many full-time RVers are domiciled in South Dakota but few of us actually spend much time there and I suspect almost none of us spend an entire month “residing” in the city of which we are a “resident”. This, I’ve learned, makes it impossible to obtain a Concealed Carry Weapon (CCW) permit from our “home” state. The pertinent law is South Dakota law 23-7-7.1 found here:
http://legis.state.s....1&Type=Statute
The law seems very reasonable except for subparagraph (6) which requires one to actually live at some address in their city of residence for at least 30 days prior to applying for the permit.

I’ve written to Governor Dennis Daugaard about my concerns regarding the impact this has on the many full time RVers that are citizens of SD. I received a letter back from Gov. Daugaard in which he suggested I contact my local legislators in order to take the proper steps to change the current law. I’ve taken that step by writing (via email) both of my representatives and my senator.

If any of you other South Dakotans would like to see this law changed so that you can more easily exercise you second amendment rights I urge you to write your representatives expressing your concern. If enough of us speak-up perhaps they will hear us.

You can easily find your legislators at this website:
http://legis.state.s.../who/index.aspx

Then click on the names of your legislators and follow the links to their email contacts.

Here is a copy of the letter I sent to my three legislators:

My wife and I are two of the many full-time RVers who are citizens of South Dakota. We live in our RV and travel all about this great country but we do not have a permanent residence anywhere. Our address is our mail forwarding service located in Madison, SD and this is our domicile for all legal purposes. We vote in South Dakota, license our vehicles in South Dakota, and have South Dakota driver licenses. In short we seem to have all the same rights, privileges, and responsibilities as any South Dakota citizen except for our second amendment right to carry a concealed weapon.

One of the requirements for applicants for a South Dakota CCW permit is that they are “residents” of the state for at least 30 days prior to application. The sheriff of Lake county informed us that it is not sufficient to have a SD address or legal domicile in SD but that the applicant must have a physical address at which he actually lives for at least 30 days.

It seems ironic (and inconsistent) that one can legally carry a concealed weapon in SD if he has a CCW permit from any one of a number of other states (having never “resided” in SD) but a certain class of SD resident (i.e., a full-time RVer) is not eligible to obtain the permit from SD, the state of which he is a citizen.

Please explain the rationale for this “residency” restriction. Please consider supporting a change to the law to allow all citizens of SD the right to obtain a SD CCW permit without regard to actual “residency” restrictions.
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#2 BrianT

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Posted 17 February 2012 - 11:42 PM

If you do get a reply, please update here. I'm sure many will be interested in what they may have to say.

Brian

#3 rmader

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Posted 18 February 2012 - 08:32 AM

Many full-time RVers are domiciled in South Dakota but few of us actually spend much time there and I suspect almost none of us spend an entire month "residing" in the city of which we are a "resident". This, I've learned, makes it impossible to obtain a Concealed Carry Weapon (CCW) permit from our "home" state. The pertinent law is South Dakota law 23-7-7.1 found here:
http://legis.state.s....1&Type=Statute
The law seems very reasonable except for subparagraph (6) which requires one to actually live at some address in their city of residence for at least 30 days prior to applying for the permit.

I've written to Governor Dennis Daugaard about my concerns regarding the impact this has on the many full time RVers that are citizens of SD. I received a letter back from Gov. Daugaard in which he suggested I contact my local legislators in order to take the proper steps to change the current law. I've taken that step by writing (via email) both of my representatives and my senator.

If any of you other South Dakotans would like to see this law changed so that you can more easily exercise you second amendment rights I urge you to write your representatives expressing your concern. If enough of us speak-up perhaps they will hear us.

You can easily find your legislators at this website:
http://legis.state.s.../who/index.aspx

Then click on the names of your legislators and follow the links to their email contacts.

Here is a copy of the letter I sent to my three legislators:

My wife and I are two of the many full-time RVers who are citizens of South Dakota. We live in our RV and travel all about this great country but we do not have a permanent residence anywhere. Our address is our mail forwarding service located in Madison, SD and this is our domicile for all legal purposes. We vote in South Dakota, license our vehicles in South Dakota, and have South Dakota driver licenses. In short we seem to have all the same rights, privileges, and responsibilities as any South Dakota citizen except for our second amendment right to carry a concealed weapon.

One of the requirements for applicants for a South Dakota CCW permit is that they are "residents" of the state for at least 30 days prior to application. The sheriff of Lake county informed us that it is not sufficient to have a SD address or legal domicile in SD but that the applicant must have a physical address at which he actually lives for at least 30 days.

It seems ironic (and inconsistent) that one can legally carry a concealed weapon in SD if he has a CCW permit from any one of a number of other states (having never "resided" in SD) but a certain class of SD resident (i.e., a full-time RVer) is not eligible to obtain the permit from SD, the state of which he is a citizen.

Please explain the rationale for this "residency" restriction. Please consider supporting a change to the law to allow all citizens of SD the right to obtain a SD CCW permit without regard to actual "residency" restrictions.


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#4 richfaa

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Posted 18 February 2012 - 09:28 AM

"It seems ironic (and inconsistent) that one can legally carry a concealed weapon in SD if he has a CCW permit from any one of a number of other states (having never “resided” in SD) but a certain class of SD resident (i.e., a full-time RVer) is not eligible to obtain the permit from SD, the state of which he is a citizen"

That is true but the reciprocal laws are legal. We have a Permanate residence in another state in which we do reside for more than 30 days a year and have a CCW in that State which is recognized in SD under the law.

I think every State requires a residency of some length. I will bet SD will not change the law..

Edited by richfaa, 18 February 2012 - 09:28 AM.

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#5 jimandsue

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Posted 18 February 2012 - 09:57 AM

I can not explain the rationale for this “residency” restriction. Until the law is changed, which I doubt it will you still have options. Find a nice park in South Dakota and stay there for a month, then you will have complied with the law. There are many states that will let you get a non resident CCW that will allow you to carry in many other states. Utah, Arizona and Florida will allow non residents to get CCW permits. The bad thing is they all cost more than South Dakotas permit. My Florida, Utah and Nevada permits allow me to carry in 38 states. We are residents of Florida.

Jim

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#6 WilliamD

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Posted 18 February 2012 - 07:20 PM

That law is not always inforced

But I would not want to be the one to which they used to set an example of how it is written at the present time. BillD

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#7 Nick Russell

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Posted 18 February 2012 - 11:45 PM

When we got our SD permits, several years ago, the Sheriff's Office in Sioux Falls faxed us the paperwork, we completed it and faxed it back, and then on our way to Idaho we stopped to pick our permits up. We were in and out in 1/2 hour. They are due for renewal this year, so we'll see what's involved in that.
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#8 Nick Russell

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Posted 22 February 2012 - 09:16 PM

I called the Sheriff's Office in Sioux Falls today to ask about what was required to renew our CCWs, which expire in July. I was told that yes, we would have to provide proof that we were in the county for 30 days previous to submitting the renewal or a new application. Renewals are processed the same as a new application. The lady I talked to there was sympathetic to fulltimers and said this requirement was not a local decision, but came down from the Secretary of State's office.
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#9 Bill & Helen

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Posted 24 February 2012 - 08:23 AM

I guess I have a hard time understanding why we should ask a State to change their laws to suit full timers that use their state for all of the benefits but think spending thirty days in that state every few years is asking too much...South Dakota is a beautiful state. Try it. You might fall in love with it. :lol:

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#10 GrayEagle

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Posted 24 February 2012 - 08:36 AM

Anyone have a reference (web site) for the requirements to get a CCW in South Dakota? I am referring to requirements of training, need for a CCW, etc not the time in state.
Jim & Sylvia
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#11 rmader

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Posted 24 February 2012 - 11:08 AM

Anyone have a reference (web site) for the requirements to get a CCW in South Dakota? I am referring to requirements of training, need for a CCW, etc not the time in state.



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#12 Bill & Helen

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Posted 01 March 2012 - 08:18 AM

Thought you might like to see this.. http://www.arguslead.../NEWS/302290056
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#13 Joe

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Posted 01 March 2012 - 05:59 PM

Creates a problem in FL CO &MI they only recognize permits from your home state
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#14 Rick & Karen

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Posted 11 March 2012 - 12:09 PM

" In short we seem to have all the same rights, privileges, and responsibilities as any South Dakota citizen except for our second amendment right to carry a concealed weapon. "

Ron & Elena,

I'm sure it was just a typo on your part (I know that I have done that multiples times myself) but I don't believe that the Second Amendment guarantees the right to carry a "concealed" weapon. Only the right to keep and bear arms. The states are the ones who decide the regulations on having a concealed weapons permit.

Karen

Edited by Rick & Karen, 11 March 2012 - 12:10 PM.

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#15 Dick&Joyce

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Posted 11 March 2012 - 02:32 PM

Between the Health Insurance issues (really the deal breaker) and the CCW, we'll be Kansas residents at least until Medicare kicks in for both of us.
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#16 GrayEagle

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Posted 11 March 2012 - 04:41 PM

In short we seem to have all the same rights, privileges, and responsibilities as any South Dakota citizen except for our second amendment right to carry a concealed weapon.

Unless one can show this requirement to be specifically targeted at full timers, than I disagree. You simply have to comply with the thirty day requirement. Choose not to and no permit. Choose to meet the requirement and receive the permit.
Jim & Sylvia
Full Time in a Nuwa 2011 38LKTG

#17 dmcb

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Posted 27 March 2012 - 07:04 AM

Creates a problem in FL CO &MI they only recognize permits from your home state

Are you sure about this?
I say that as you can get a permit in Florida even if you are not a Florida resident. That permit is good in other states.
If one is a snowbird in Florida you might check on getting a permit there and forget about a SD permit.
This is my understanding but be sure to check all this out before proceeding.

Edited by dmcb, 27 March 2012 - 07:05 AM.

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#18 Joe

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Posted 27 March 2012 - 04:01 PM

Goto http://www.handgunlaw.us/
Getting a FLORIDA permit solves part of the problem but not CO or MI

Edited by Joe, 27 March 2012 - 04:06 PM.

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#19 dmcb

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Posted 28 March 2012 - 06:49 AM

Goto http://www.handgunlaw.us/
Getting a FLORIDA permit solves part of the problem but not CO or MI

You are correct Joe but it is still of great value for many. There are some states where a permit from another state is never honored resident or not. You will add 2 to that list.
But it still leaves many states where a non resident Florida permit is valid.
Here is the current law. It is updated when required and anyone using their permit in other states might want to bookmark this link to keep current.
http://licgweb.doacs...aled_carry.html
Doug

#20 Jack Mayer

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Posted 28 March 2012 - 08:43 AM

CO law is pretty simple, really.. They will recognize some other states permits. But you have to be a resident of that state. In other words, if I am a TX resident CO would recognize my TX permit. But because I am a TX resident, my UT and FL permits are not recognized. UT and FL are two states that issue permits to non-residents.

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