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Thread: Did They Take Away No Permit OC?

  1. #1
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    Did They Take Away No Permit OC?

    Hey everyone. First post although I've lurked quite a bit. Yesterday I read a piece in the Rapid City journal that was calling a proposed bill stupid. The bill prohibited police from detaining and searching "otherwise law abiding citizens" when carrying without a permit. I was going to respond by saying that you don't need a permit to OC and that people open carrying we're law abiding and therefore should be protected from unlawful detainment and search. Before I sent my response I checked my facts and noticed that 22-14-11 used to read


    "An individual who wishes to carry a concealed pistol on or about his person or in a vehicle must obtain a Permit to Carry a Concealed Pistol (SDCL 22-14-9). A person does not need a permit to own a pistol, keep it in his home, business, or property, or visibly carry it (SDCL 22-14-11)."

    According to legis.state.se.us it now reads


    22-14-11. License not required for weapon in own home, business, or property. The provisions of 22-14-9 do not apply to any person who possesses a pistol or revolver in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.

    The visibly carry it part seems to be missing. When did this change? For the record I do have a permit but I'm wondering if I just wasn't paying attention or if this is something they changed hoping nobody would notice.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    So it seems that OC w/o a permit is illegal.

    22-14-9. Carrying pistol or revolver without a permit--Misdemeanor. Any person, other than a law enforcement officer or parole agent 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.
    https://www.google.com/search?q=SDCL...ient=firefox-a

    OC is not required on property under your control:
    http://legis.state.sd.us/statutes/Di...atute=22-14-11

    This change appears to have been enacted May 2012.
    http://sdsos.gov/content/html/admins...arm%20Laws.pdf
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  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    Think that the 2004 opinion of the Attorney General still has merit though for vehicle carry.
    http://sdsos.gov/content/html/admins...npdfs/scan.pdf
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  4. #4
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Grapeshot View Post
    So it seems that OC w/o a permit is illegal.

    22-14-9. Carrying pistol or revolver without a permit--Misdemeanor. Any person, other than a law enforcement officer or parole agent 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.
    https://www.google.com/search?q=SDCL...ient=firefox-a

    OC is not required on property under your control:
    http://legis.state.sd.us/statutes/Di...atute=22-14-11

    This change appears to have been enacted May 2012.
    http://sdsos.gov/content/html/admins...arm%20Laws.pdf
    Honestly from that law I can't see where OC is outlawed. OC is not mentioned as illegal, IMO. What is not illegal is legal. But then it depends on the courts in your state. Our right to OC has been protected by the courts in NC.

    What disturbs me is the trend by people who claim to support the right to openly bear arms, actually only support privilege with a permission card. And there are attempts in this state by a organization to do just that, tie right to bear arms into a privilege only supported by a permission card. It is a huge step backwards for us even though we have court support for our right. I hope in your state, and ours, all states firearms owners wake up to this sneaky plot to turn rights into privileges that can be easily taken away.
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  5. #5
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    Quote Originally Posted by Grapeshot View Post
    So it seems that OC w/o a permit is illegal.

    22-14-9. Carrying pistol or revolver without a permit--Misdemeanor. Any person, other than a law enforcement officer or parole agent 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.
    https://www.google.com/search?q=SDCL...ient=firefox-a

    OC is not required on property under your control:
    http://legis.state.sd.us/statutes/Di...atute=22-14-11

    This change appears to have been enacted May 2012.
    http://sdsos.gov/content/html/admins...arm%20Laws.pdf
    The statute as quoted above requires that, for a crime to occur, the pistol or handgun must be both carried and concealed, and that the carrier not have a permit to conceal. Therefore open carry of pistols and handguns without a permit to conceal does not appear to be a crime. If there is an authority out there, like court case, jury instruction, or Ag opinion, etc. that says otherwise, please post. Obviously, having a permit to conceal is a good idea to avoid a false charge of concealing, or to provide protection if you inadvertently conceal.

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Mike View Post
    The statute as quoted above requires that, for a crime to occur, the pistol or handgun must be both carried and concealed, and that the carrier not have a permit to conceal. Therefore open carry of pistols and handguns without a permit to conceal does not appear to be a crime. If there is an authority out there, like court case, jury instruction, or Ag opinion, etc. that says otherwise, please post. Obviously, having a permit to conceal is a good idea to avoid a false charge of concealing, or to provide protection if you inadvertently conceal.
    I missed the obvious didn't I - my bad.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    I think that may be an oversight and the exception references a section of law that no longer criminalizes what the exemption was originally for.


    Back when South Dakota was may-issue (permits issued by county sheriffs for residents and non-residents) you needed a CPL to carry in a vehicle.

    That was repealed around the time shall-issue was passed.... However, OC on a motorcycle still requires a CPL.

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