SD Board of Regents is trying to outlaw guns on campus!!

HB-1086

Introduced by: The Committee on Education at the request of the Board of Regents


FOR AN ACT ENTITLED, An Act to extend to postsecondary campuses certain protections relating to the possession of dangerous weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. Any person, other than a law enforcement officer, who intentionally carries, has in the person's possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on the premises of any postsecondary institution or any vehicle or building owned, used, or leased for postsecondary institution functions, is guilty of a Class 1 misdemeanor.

Section 2. This Act does not apply to:

(1) Any starting gun while in use at an athletic event, and any firearm or air gun at a firing range, a gun show, or supervised school or session for training in the use of firearms;

(2) The ceremonial presence of any unloaded weapon at a color guard ceremony;

(3) Any weapon under the control of military personnel assigned to the South Dakota National Guard or to the Reserve Officers Training Corps; or


(4) Any weapon held in a weapon storage facility operated by the institution or any weapon being transported to or from such a storage facility. According to Article 6 (Bill of Rights) Section 24 of the SD Constitution:

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§ 24. Right to bear arms. The right of the citizens to bear arms in defense of themselves and the state shall not be denied.

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23-7-7.1. Requirements for issuance of temporary permit--Time--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 been a resident of the county or municipality where the application is being made for at least thirty days;

(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;

(

Is a citizen of the United States; and

(9) Is not a fugitive from justice.

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

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FOR AN ACT ENTITLED, An Act to extend to postsecondary campuses certain protections relating to the possession of dangerous weapons.

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