Results 1 to 6 of 6

Thread: Where do i put my firearm if i have to have it visible in my car?

  1. #1
    Regular Member
    Join Date
    Apr 2011
    Location
    Rapid City, South Dakota, United States
    Posts
    15

    Where do i put my firearm if i have to have it visible in my car?

    Due to some circumstances revolving around when i was younger I'm not able to get my CCW for awhile (not sure exactly when i am eligible they never stated). I live in South Dakota and to the best of my knowledge to legally carry it needs to be visible while traveling in my vehicle. Where can i place the firearm that will comply with it being openly visible for open carry in the vehicle?

    Also the reason for me not getting my CCW is because 5 years ago when i was 13 i was talking with a friend about suicide. (not that i would ever do anything like that) and i had to be put on a god damn "mental hold" So i had to go to some weird hospital where the doctors there said there was nothing wrong with me. I had tests ran, theropy sessions and NO self inflicted wounds whatsoever. It was all a big misunderstanding. I was cleared of everything and it was fine. So my second question, Can i fight the fact they wont give me my concealed permit on these grounds?

  2. #2
    Regular Member NavyMike's Avatar
    Join Date
    Oct 2009
    Location
    Eastside, Washington, USA
    Posts
    196

    Permit requirements and right of appeal

    Quote Originally Posted by James Trente View Post
    Snip

    Also the reason for me not getting my CCW is because 5 years ago when i was 13 i was talking with a friend about suicide. (not that i would ever do anything like that) and i had to be put on a god damn "mental hold" So i had to go to some weird hospital where the doctors there said there was nothing wrong with me. I had tests ran, theropy sessions and NO self inflicted wounds whatsoever. It was all a big misunderstanding. I was cleared of everything and it was fine. So my second question, Can i fight the fact they wont give me my concealed permit on these grounds?
    Start by researching South Dakota Codified laws - http://legis.state.sd.us/statutes/TitleList.aspx

    You can appeal the denial of your permit to the circuit court:

    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; and

    (9) Is not a fugitive from justice.

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


    From 27A-1-1:

    (5) "Danger to self,"

    (a) A reasonable expectation that the person will inflict serious physical injury upon himself or herself in the near future, due to a severe mental illness, as evidenced by the person's treatment history and the person's recent acts or omissions which constitute a danger of suicide or self-inflicted serious physical injury. Such acts may include a recently expressed threat if the threat is such that, if considered in the light of its context or in light of the person's recent previous acts or omissions, it is substantially supportive of an expectation that the threat will be carried out; or

    (b) A reasonable expectation of danger of serious personal harm in the near future, due to a severe mental illness, as evidenced by the person's treatment history and the person's recent acts or omissions which demonstrate an inability to provide for some basic human needs such as food, clothing, shelter, essential medical care, or personal safety, or by arrests for criminal behavior which occur as a result of the worsening of the person's severe mental illness;
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

  3. #3
    mCortez
    Guest
    --Moderator deleted spam--

  4. #4
    Regular Member
    Join Date
    Apr 2011
    Location
    Rapid City, South Dakota, United States
    Posts
    15
    So no one has answered my first question, Where do i place my firearm if it has to be visible in the vehicle?

  5. #5
    Regular Member NavyMike's Avatar
    Join Date
    Oct 2009
    Location
    Eastside, Washington, USA
    Posts
    196

    Anywhere that it can be seen

    Quote Originally Posted by James Trente View Post
    So no one has answered my first question, Where do i place my firearm if it has to be visible in the vehicle?
    Stick it where any part of the handgun is capable of being seen. IE such that it does not meet the definition of concealed.

    From the Attorney General:

    http://www.handgunlaw.us/documents/agopinions/SDAGCarryInCar.pdf


    Quote Originally Posted by Atty Gen
    history answers your question. Reviewing the various amendments!
    it is my opinion that Legislature did not intend to require a
    license or a permit to carry a handgun in a vehicle if any part
    of the firearm is capable of being seen. Therefore the criminal
    sanctions in SDCL 22-14-9 do not apply unless the handgun is
    truly "concealed."
    Last edited by NavyMike; 02-03-2012 at 11:09 PM.
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

  6. #6
    Regular Member Bushmaster's Avatar
    Join Date
    Jan 2012
    Location
    Elroy
    Posts
    13
    Quote Originally Posted by gutshot View Post
    Just place it in the passenger seat or on the dashboard if your dashboard will allow it to stay in one place and not slide around. Make sure there is nothing else nearby that might cover it.
    you could also mount a holster to your dash to hold the gun if there are no laws prohibiting anything on your dash. I believe in the state im from placing anything at all on the dash can be considered an obstruction of vision which could mean a ticket depending on the officers mood, you may want to look into it before placing on your dash.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •