reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-9 - Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.

23-7-9. Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
Any pistol that is delivered shall be securely wrapped and shall be unloaded. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §§21.0109, 21.9901; SDCL §23-7-24; SL 1969, ch 89, §2; SL 1972, ch 144, §3; SL 1978, ch 169, §18; SL 1985, ch 190, §15; SL 2005, ch 122, §1; SL 2009, ch 122, §1; SL 2019, ch 113, §13.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-11 - Regulation does not apply to sale of pistols at wholesale.

23-7-11. Regulation does not apply to sale of pistols at wholesale.
Sections 23-7-7 to 23-7-12, inclusive, do not apply to sales at wholesale.
Source:
SDC 1939, §21.0109; SL 1985, ch 190, §17.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-12 - False information or false evidence of identity to secure pistol or permit as felony.

23-7-12. False information or false evidence of identity to secure pistol or permit as felony.
No person, in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol, may give false information or offer false evidence of his identity. A violation of this section is a Class 6 felony.
Source:
SDC 1939, §§21.0113, 21.9901; SDCL, §23-7-24; SL 1969, ch 89, §2; SL 1972, ch 144, §3; SL 1978, ch 169, §18; SL 1985, ch 190, §18.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-18 - Sale of pistol by retail dealer--Restrictions--Misdemeanor.

23-7-18. Sale of pistol by retail dealer--Restrictions--Misdemeanor.
No pistol shall be sold in violation of any provisions of this chapter, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §§21.0111 (3), 21.9901; SDCL, §23-7-24; SL 1969, ch 89, §2; SL 1972, ch 144, §3; SL 1978, ch 169, §18.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-43 - New serial number engraved or stamped on firearm.

23-7-43. New serial number engraved or stamped on firearm.
Upon application by an owner of a firearm, the director of the Division of Criminal Investigation shall engrave or stamp a new serial number on any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated.
Source:
SL 1985, ch 190, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-44 - Possession of pistols by minors prohibited--Misdemeanor.

23-7-44. Possession of pistols by minors prohibited--Misdemeanor.
No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1994, ch 172, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-45 - Possession of pistols by minors--Exceptions to prohibitions.

23-7-45. Possession of pistols by minors--Exceptions to prohibitions.
The provisions of §23-7-44 are not applicable to a minor and a criminal prosecution for possession of a pistol brought after transfer pursuant to chapter 26-11 is not applicable to a minor if the minor had the prior written consent of the minor's parent or guardian to possess the pistol, and:
(1)The minor was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member;
(2)The minor was in the presence of a licensed or accredited gun safety instructor; or
(3)The pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.
Source:
SL 1994, ch 172, §2; SL 2020, ch 93, § 1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-46 - Prohibited transfer of firearms and ammunition to juveniles--Felony.

23-7-46. Prohibited transfer of firearms and ammunition to juveniles--Felony.
No person may sell, transfer, give, loan, furnish, or deliver a firearm or firearm ammunition to any person under the age of eighteen years if such person knows or reasonably believes that the minor recipient of the transfer intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence as defined in subdivision 22-1-2(9). The affirmative defenses contained in chapter 23-7 do not apply to a prosecution under this section. A violation of this section is a Class 5 felony.
Source:
SL 1994, ch 173.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-47 - Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.

23-7-47. Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to §23A-26-5 or who is determined to be incompetent to stand trial pursuant to §23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.
Source:
SL 2014, ch 113, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-48 - Attorney general's transmission of certain names to National Instant Criminal Background Check System.

23-7-48.Attorney general's transmission of certain names to National Instant Criminal Background Check System.
The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S. C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to §23A-26-5, the person was determined to be incompetent to stand trial pursuant to §23A-10A-4, or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).
Source:
SL 2014, ch 113, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-49 - Petition for restoration of right to possess firearm.

23-7-49.Petition for restoration of right to possess firearm.
A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S. C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.
Source:
SL 2014, ch 113, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-50 - Hearing for restoration of right to possess firearm--Confidentiality of record--Order.

23-7-50. Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).
Source:
SL 2014, ch 113, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-51 - Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.

23-7-51.Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S. C 922(g)(4).
Source:
SL 2014, ch 113, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-53 - Enhanced permit to carry concealed pistol--Application.

23-7-53. Enhanced permit to carry concealed pistol--Application.
An applicant must submit an application, to the sheriff of the county in which the applicant resides, for an optional enhanced permit to carry a concealed pistol. The application must include:
(1)A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check;
(2)An authorization to run a fingerprint background check;
(3)If the sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional charge to the applicant; and
(4)Proof that the applicant:
(a)Has successfully completed a qualifying handgun course as defined in §23-7-58, within the preceding twelve months; or
(b)Is a current or former law enforcement officer and has, within the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a criminal background check, and the payment for the criminal background check to the Division of Criminal Investigation for processing.
Source: SL 2015, ch 137, §1; SL 2016, ch 131, §2; SL 2018, ch 141, §1, eff. Mar. 9, 2018; SL 2020, ch 94, §1; SL 2021, ch 104, §2; SL 2022, ch 70, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-54 - Temporary enhanced permit to carry concealed pistol--Requirements--Records.

23-7-54. Temporary enhanced permit to carry concealed pistol--Requirements--Records.
The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to §23-7-53. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and §23-7-53, the sheriff shall file the application with the secretary of state pursuant to §23-7-8.
If the applicant submits an application pursuant to §23-7-53, meets the requirements of §23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.
Source:
SL 2015, ch 137, §2; SL 2016, ch 132, §3, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-54.2 - Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.

23-7-54.2. Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.
Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §§23-7-53 and 23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.
Source:
SL 2018, ch 141, §2, eff. Mar. 9, 2018.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-54.4 - Request for unrestricted enhanced permit upon reaching age twenty-one.

23-7-54.4. Request for unrestricted enhanced permit upon reaching age twenty-one.
A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.
Source:
SL 2018, ch 141, §4, eff. Mar. 9, 2018.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-55 - Duration of enhanced permit to carry concealed pistol--Identification required.

23-7-55. Duration of enhanced permit to carry concealed pistol--Identification required.
An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.
Source:
SL 2015, ch 137, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-56 - Enhanced permit--Renewal--Requirements.

23-7-56. Enhanced permit--Renewal--Requirements.
A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one-hundred eighty days before the permit expires and ends thirty days after the permit expires.
In order to renew an enhanced permit a person shall:
(1)Pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System; and
(2)Present proof that:
(a)During the period for renewal, as set forth in this section, the person:
(i)Successfully completed the live fire component of a qualifying handgun course defined in §23-7-58;
(ii)Received instruction regarding the use of force standards; and
(iii)Received instruction regarding relevant criminal statutory changes; or
(b)The person is a current or former law enforcement officer who, within the twelve-month period preceding the date of the expiration, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in §23-7-53.
Source: SL 2015, ch 137, §4; SL 2016, ch 131, §3; SL 2017, ch 104, §1, eff. Mar. 10, 2017; SL 2020, ch 96, §2; SL 2021, ch 104, §3; SL 2021, ch 105, §1; SL 2022, ch 70, §4; SL 2023, ch 74, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-57 - References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.

23-7-57. References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.
Source:
SL 2015, ch 137, §5; SL 2016, ch 132, §4, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-58 - Qualifying handgun course.

23-7-58. Qualifying handgun course.
A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
(1)South Dakota law relating to firearms and the use of force;
(2)The basic concepts of the safe and responsible use of handguns;
(3)Self-defense principles; and
(4)Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.
Source:
SL 2015, ch 137, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-59 - Use of force course--Standards--Promulgation of rules—Liability limitation.

23-7-59. Use of force course--Standards--Promulgation of rules—Liability limitation.
The Division of Criminal Investigation shall, at least once every six months, offer a course that is focused on the use of force, including applicable state laws, and open to National Rifle Association certified pistol instructors.
The Division of Criminal Investigation shall develop the use of force course and promulgate rules, pursuant to chapter 1-26, to:
(1)Establish course standards for instructors seeking the issuance of an initial certificate of completion;
(2)Establish course standards for instructors seeking the renewal of a certificate;
(3)Establish a course fee not to exceed one hundred fifty dollars; and
(4)Provide for implementation of the course.
The Division of Criminal Investigation is not liable to any person or the person's estate for any injury suffered, including wrongful death, or for any damages, because the division issued a certificate of completion under this section.
Source: SL 2015, ch 137, §7; SL 2023, ch 75, §1; SL 2023, ch 76, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-59.1 - Certified instructors--Actions of students--Liability limitation.

23-7-59.1. Certified instructors--Actions of students--Liability limitation.
An instructor, certified in accordance with §23-7-59, is not liable for any personal injury, wrongful death, or damages, resulting from the conduct, acts, or omissions of a current or former student handling a firearm, unless the instructor, during the course of providing instruction, engaged in gross negligence or willful or wanton misconduct.
Source: SL 2023, ch 76, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-60 - Gold card permit to carry concealed pistol--Application.

23-7-60. Gold card permit to carry concealed pistol--Application.
An applicant must submit an application, to the sheriff of the county in which the applicant resides, for a gold card permit to carry a concealed pistol. The application must include:
(1)A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check; and
(2)An authorization to run a criminal background check.
The sheriff shall forward the copy of the applicant's fingerprints and the applicant's authorization for processing a criminal background check to the Division of Criminal Investigation for processing.
Source: SL 2016, ch 132, §7, eff. Jan. 1, 2017; SL 2021, ch 104, §4; SL 2022, ch 70, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-61 - Temporary gold card permit to carry concealed pistol--Requirements--Records.

23-7-61. Temporary gold card permit to carry concealed pistol--Requirements--Records.
The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to §23-7-60. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and §23-7-60, the sheriff shall file the application with the secretary of state pursuant to §23-7-8.
If the applicant submits an application pursuant to §23-7-8, meets the requirements of §23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.
Source:
SL 2016, ch 132, §8, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-62 - Gold card permit--Renewal--Requirements.

23-7-62. Gold card permit--Renewal--Requirements.
A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one hundred eighty days before the permit expires and ends thirty days after the permit expires.
In order to renew a gold card permit, a person must pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System.
Source: SL 2016, ch 132, §9, eff. Jan. 1, 2017; SL 2017, ch 104, §2, eff. Mar. 10, 2017; SL 2021, ch 104, §5; SL 2022, ch 70, §6; SL 2023, ch 74, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-63 - Duration of gold card permit to carry concealed pistol.

23-7-63. Duration of gold card permit to carry concealed pistol.
The gold card permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Source:
SL 2016, ch 132, §10, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-64 - Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit.

23-7-64. Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit.
A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under §23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.
Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced permit for any violent crime or for a crime punishable by more than one year of incarceration, the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has been secured by law enforcement under this section may petition the circuit court for the return of the gold card or enhanced permit if the permit holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may communicate with federally licensed firearms dealers relative to revoked gold card or enhanced permits.
Source:
SL 2016, ch 132, §11, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-65 - Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.

23-7-65. Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.
Source:
SL 2016, ch 132, §12, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-66 - Surrender to court of revoked gold card or enhanced concealed pistol permits.

23-7-66. Surrender to court of revoked gold card or enhanced concealed pistol permits.
If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant's county of residence.
Source:
SL 2016, ch 132, §13, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-67 - Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.

23-7-67. Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.
It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law enforcement officer to secure its possession and return in compliance with §23-7-64. The law enforcement officer shall receive ten dollars and fifty cents plus mileage, at a rate established by the State Board of Finance, to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.
Source:
SL 2016, ch 132, §14, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-68 - National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.

23-7-68. National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under §23-7-7.1, 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.
Source:
SL 2016, ch 132, §15, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-69 - Notice to secretary of state of change of name or address--Issuance of new permit.

23-7-69. Notice to secretary of state of change of name or address--Issuance of new permit.
A person who has been issued a permit to carry a concealed pistol shall maintain current information on the permit by notifying the secretary of state in writing of a change in the person's name due to marriage or court order, or of a change in physical address. If the revised address is located within South Dakota, the secretary of state must provide a new permit to the person.
The county sheriff may issue a temporary permit or the secretary of state may issue an updated permit that reflects an address outside of South Dakota in the following instances:
(1)For a South Dakota resident who is active duty military personnel, or the spouse of a person who is active duty military, with a home of record in South Dakota; or
(2)For a South Dakota permit holder whose home is physically located in South Dakota but has an official postal address located within in a county in another state that shares a border with South Dakota.
Source: SL 2018, ch 141, §5, eff. Mar. 9, 2018; SL 2022, ch 70, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-70 - Carrying concealed pistol in malt or alcoholic beverage establishment prohibited.

23-7-70. Carrying concealed pistol in malt or alcoholic beverage establishment prohibited.
A person may not carry a concealed pistol in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages.
Source:
SL 2019, ch 113, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-71 - Minors prohibited from carrying concealed pistol except with parent or guardian.

23-7-71. Minors prohibited from carrying concealed pistol except with parent or guardian.
A person who is under the age of eighteen years of age may not carry a concealed pistol except in the presence of a parent or legal guardian.
Source:
SL 2019, ch 113, §15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-72 - Concealed carry permit fees--Reimbursement to county.

23-7-72. Concealed carry permit fees--Reimbursement to county.
The Office of the Secretary of State shall reimburse counties based on the number of concealed carry permits issued each year. The reimbursement amount is:
(1)Three dollars for an initial permit to carry a concealed pistol issued under §23-7-8.2;
(2)Three dollars for renewal of a permit to carry a concealed pistol issued under §23-7-8.11;
(3)Fifty dollars for an initial enhanced permit to carry a concealed pistol issued under §23-7-53;
(4)Twenty-five dollars for renewal of an enhanced permit to carry a concealed pistol issued under §23-7-56;
(5)Thirty dollars for an initial gold card permit to carry a concealed pistol issued under §23-7-60; and
(6)Thirty dollars for renewal of a gold card permit to carry a concealed pistol issued under §23-7-62.
The Office of the Secretary of State shall develop and provide to counties a form on which the counties may submit the number of permits issued each calendar year. The form must be submitted to the Office of the Secretary of State on or before January thirty-first. The Office of the Secretary of State shall reimburse the counties on or before March thirty-first. The reimbursements must be paid on vouchers approved by the secretary of state and paid on warrants drawn by the state auditor.
Only those permits issued on or after July 1, 2022, are eligible for reimbursement in accordance with this section.
Source: SL 2022, ch 70, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-1 - Prevention of offenses by officers of justice--Methods.

23-13-1. Prevention of offenses by officers of justice--Methods.
Public offenses may be prevented by the intervention of the officers of justice:
(1)By requiring security to keep the peace;
(2)By forming a police in municipalities, and by requiring their attendance in exposed places;
(3)By suppressing riots.
Source:
SDC 1939 & Supp 1960, §34.0102; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-2 - Prevention of offenses by officers of justice--Assistance by other persons.

23-13-2. Prevention of offenses by officers of justice--Assistance by other persons.
When the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command act in their aid, are justified in so doing.
Source:
SDC 1939 & Supp 1960, §34.0102.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-4 - Enforcement of gambling laws--Duties of public officers.

23-13-4. Enforcement of gambling laws--Duties of public officers.
It shall be the duty of all sheriffs, police officers, town marshals, constables, and other peace officers and the state's attorneys in each county and the deputies or assistants of any of them to cooperate in the enforcement of all the provisions of chapter 22-25.
Source:
SDC 1939, §24.0101.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-5 - Neglect of gambling investigation and enforcement--Investigation and prosecution by attorney general.

23-13-5. Neglect of gambling investigation and enforcement--Investigation and prosecution by attorney general.
The attorney general shall have authority and it shall be his duty whenever any peace officer or state's attorney of any county has neglected the investigation and enforcement of chapter 22-25, to make the investigations and complaints and conduct the prosecutions the same as the state's attorney might do, and for such services there shall be paid into the state treasury by the county where the offense was committed the sum of fifty dollars for each case so prosecuted and such sum shall be deducted from the salary of the state's attorney neglecting such duty.
Source:
SDC 1939, §24.0101.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-6 - Neglect of gambling investigation and enforcement as petty offense.

23-13-6. Neglect of gambling investigation and enforcement as petty offense.
Any public official referred to in §§23-13-4 and 23-13-5 who has knowledge sufficient to put an ordinary person on inquiry as to existence of any forms of gambling nuisance prohibited by this code and who fails thereafter diligently to secure and prepare the available evidence and to prosecute the violations found to exist, commits a petty offense.
Source:
SDC 1939, §24.9901; SL 1979, ch 150, §29.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-7 - Transcription and filing of testimony taken by prosecuting attorney.

23-13-7. Transcription and filing of testimony taken by prosecuting attorney.
A prosecuting attorney may, whenever necessary in his investigations, have the testimony taken by him written out in questions and answers and filed with the papers in the case.
Source:
SDC 1939 & Supp 1960, §34.1505; SL 1978, ch 169, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-10 - Report to sheriff of gunshot wounds treated.

23-13-10. Report to sheriff of gunshot wounds treated.
Any person treating any bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of any firearm, shall report such treatment to the sheriff of the county in which the wound is treated.
Source:
SL 1967, ch 111, §1; SL 1978, ch 169, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-11 - Oral report of gunshot wound as soon as possible.

23-13-11. Oral report of gunshot wound as soon as possible.
The report shall be made orally as soon as possible by any available means, to the sheriff of the county in which the wound is examined, dressed, or otherwise treated.
Source:
SL 1967, ch 111, §2; SL 1978, ch 169, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-12 - Immunity from liability for report.

23-13-12. Immunity from liability for report.
Any person making a report pursuant to §§23-13-10 and 23-13-11 shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed, and shall have the same immunity when participating in any judicial proceeding resulting from such report.
Source:
SL 1967, ch 111, §3; SL 1978, ch 169, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-13 - Claim of confidential relation privilege prohibited.

23-13-13. Claim of confidential relation privilege prohibited.
Any confidential relation privilege set forth in subdivisions 19-19-503(b) and 19-19-504(b) may not be claimed in any judicial proceeding relating to a report concerning an injury from a firearm made pursuant to §§23-13-10 and 23-13-11.
Source:
SL 1967, ch 111, §4; SL 1978, ch 169, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 13 - Prevention And Investigation Of Crimes › Section 23-13-14 - Failure to report bullet wound--Misdemeanor.

23-13-14. Failure to report bullet wound--Misdemeanor.
Any person described in §23-13-10 who knowingly fails to make the reports required by §§23-13-10 and 23-13-11 is guilty of a Class 1 misdemeanor.
Source:
SL 1967, ch 111, §5; SL 1978, ch 169, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-1 - Duty of coroner to inquire into cause of death.

23-14-1. Duty of coroner to inquire into cause of death.
The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means.
Source:
SDC 1939 & Supp 1960, §34.1001.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-3 - Summons of jury for coroner's inquest.

23-14-3. Summons of jury for coroner's inquest.
When the coroner has notice of the dead body of a person supposed to have died by unlawful means, found or being in his county, he shall issue a warrant to the sheriff of his county, requiring him to summon forthwith three electors having the qualifications of jurors of the county to appear before the coroner at a time and place named in the warrant. When the services of such sheriff cannot be conveniently procured, then the coroner may summon such electors from the bystanders, and any elector impaneled as juror shall be allowed the same fees as in cases before the circuit court.
Source:
SDC 1939 & Supp 1960, §34.1001; SL 1978, ch 171, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-5 - Bystander as juror--Juror failing to appear.

23-14-5. Bystander as juror--Juror failing to appear.
If any juror fails to appear, the coroner shall cause the proper number to be summoned and returned from the bystanders and immediately proceed to impanel them.
Source:
SDC 1939 & Supp 1960, §34.1004.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-7 - Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt.

23-14-7. Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt.
The coroner may issue subpoenas for witnesses or records, returnable forthwith or at such time and place as the coroner shall direct, and witnesses shall be allowed the same fees as in cases before a magistrate. The coroner has the same authority as a magistrate to enforce the attendance of witnesses and to punish them and jurors for contempt in disobeying the process.
Source:
SDC 1939 & Supp 1960, §34.1008; SL 1974, ch 153, §42; SL 1998, ch 145, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-9 - Physician summoned to make examination--Compensation.

23-14-9. Physician summoned to make examination--Compensation.
In any such inquisition by a coroner, when he or the jury deem it requisite, he may summon one or more physicians or surgeons to make an examination, and shall allow in such case a reasonable compensation instead of witness fees.
Source:
SDC 1939 & Supp 1960, §34.1007.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-9.1 - Autopsy ordered by state's attorney, sheriff, or coroner.

23-14-9.1. Autopsy ordered by state's attorney, sheriff, or coroner.
If a state's attorney or a sheriff or a coroner has reason to believe that a deceased person may have died in his or her jurisdiction by unlawful means, the state's attorney, sheriff, or coroner may order and direct a physician or surgeon to perform an autopsy. If in the public interest, the county coroner may order an autopsy on those deaths falling within the county coroner's jurisdiction mentioned in subdivisions 23-14-18(1) to (5), inclusive.
Source:
SL 1951, ch 188, §1; SDC Supp 1960, §34.1015; SL 1961, ch 184, §1; SL 1967, ch 103, §2; SDCL §23-13-8; SL 1978, ch 171, §11; SL 1985, ch 191, §4; SL 2009, ch 123, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-9.2 - Autopsy fees--Coroner performing autopsy--County of residence to pay for autopsy.

23-14-9.2. Autopsy fees--Coroner performing autopsy--County of residence to pay for autopsy.
A physician or surgeon appointed under §23-14-9.1 shall receive a reasonable fee for his services to be ascertained and approved by the board of county commissioners and paid out of the general fund of the county. If the coroner is a physician or surgeon, he may personally perform such autopsy; and he shall receive a reasonable fee for his services to be ascertained and approved by the board of county commissioners and paid out of the general fund of the county. If the death or autopsy occurs in a county other than the decedents' county of residence, the county of residence shall reimburse the county where the autopsy occurred for the cost of the autopsy, provided that the county of residence either requested the autopsy or is the site where the accident or injury leading to the death occurred.
Source:
SL 1951, ch 188, §1; SDC Supp 1960, §34.1015; SL 1961, ch 184, §1; SL 1967, ch 103, §2; SDCL, §23-13-9; SL 1978, ch 171, §13; SL 1987, ch 172.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-10 - Testimony in writing--Subscribing by witnesses.

23-14-10. Testimony in writing--Subscribing by witnesses.
The testimony shall be reduced to writing under the coroner's order, and be subscribed by the witnesses.
Source:
SDC 1939 & Supp 1960, §34.1009.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-12 - Inquest not made public until arrest directed.

23-14-12. Inquest not made public until arrest directed.
If the inquisition find that a crime has been committed on the deceased, and name the person whom the jury believe committed it, the inquest shall not be made public until after the arrest directed in §23-14-13.
Source:
SDC 1939 & Supp 1960, §34.1011.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-13 - Arrest of person charged--Coroner's warrant.

23-14-13. Arrest of person charged--Coroner's warrant.
If the person charged is present the coroner may order his arrest by a law enforcement officer or any other person present, and shall then make a warrant requiring the law enforcement officer or other person to take him before a committing magistrate. If the person charged is not present, and the coroner believes he can be taken, the coroner may issue a warrant to the law enforcement officers of the county, requiring them to arrest the person and take him before a committing magistrate.
Source:
SDC 1939 & Supp 1960, §34.1012; SL 1978, ch 171, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-14 - Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint.

23-14-14. Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint.
The warrant of a coroner in such case shall be of equal authority with that of a committing magistrate, and when the person charged is brought before the committing magistrate the same proceedings shall be had as in other cases started by a complaint, and he shall be dealt with in the usual form of criminal cases.
Source:
SDC 1939 & Supp 1960, §34.1013; SL 1978, ch 171, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-15 - Recitals in coroner's warrant--Foundation for commitment proceedings.

23-14-15. Recitals in coroner's warrant--Foundation for commitment proceedings.
The warrant of the coroner shall recite substantially the transactions before him, and the verdict of the jury of inquest leading to the arrest, and such warrant shall be sufficient foundation for the proceedings of the committing magistrate instead of a complaint.
Source:
SDC 1939 & Supp 1960, §34.1013; SL 1978, ch 171, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-16 - Papers returned to circuit court.

23-14-16. Papers returned to circuit court.
The coroner shall then return to the circuit court the inquisition, the written evidence, and a list of the witnesses who testified to material matters.
Source:
SDC 1939 & Supp 1960, §34.1014.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 14 - Coroner's Inquests › Section 23-14-17 - Forms to be promulgated--Publication--Effect of forms.

23-14-17. Forms to be promulgated--Publication--Effect of forms.
The attorney general shall promulgate forms, pursuant to chapter 1-26, implementing this chapter. The code commission shall publish such forms as an appendix to this chapter when it publishes the pocket parts or revised volumes of the South Dakota Codified Laws. Such forms shall be illustrative and not mandatory.
Source:
SL 1978, ch 171, §14.