Recognizing the Right to Carry on Public Land
South Dakota Gun Owners E-mail
Alert
PO Box 3845, Rapid City, SD 57709
(605) 737-5583
LibertyTeeth@sdgo.org
http://www.SDGO.org
Friday, January 20, 2006
The South Dakota Legislature is in full swing, and gun owners have a tremendous opportunity to take a step forward in the battle for the Right to Carry.
Currently, it is illegal to carry a handgun for self-defense in any South Dakota state park, campground, lakeside or recreational area. Most gun owners are not aware that their right to bear arms is severely restricted in approximately 100,000 acres of public land spread out over 120 different locations around the state. Not even concealed permit holders are allowed to carry in these areas.
State law gives the Game Fish and Parks (GFP) authority to “control and prohibit the type, location and use of uncased firearms and bows in the state park system” (SDCL 41-17-1.1 [8]). Current GFP administrative rules simply prohibit all uncased firearms throughout most of the system except for licensed hunters during established hunting seasons. This means that your right to self-defense is denied in state parks, state campgrounds, state recreation areas, state nature areas, state lakeside use areas, and on the 114 mile Mickelson Trail in the Black Hills. This stands in stark contrast to most of the rest of the state, where openly carrying a handgun is legal even without a permit.
A change to the South Dakota Administrative Rules that would partially remedy this situation is being proposed. The following language would be added to Uses of Parks and Public Lands, chapter 41:03:01:16:
(5) An Individual who possesses a valid concealed pistol permit pursuant to SDCL 23-7-7 may carry a concealed pistol at any time.
While this doesn’t solve all the problems, it is a good first step toward full recognition of the Right to Carry.
Action:
Because this is an amendment to the administrative rules, it is handled outside the legislative process by the GFP. It is currently in the public comment stage, which will continue through February. The amendment will then have a public hearing at the GFP Commission Meeting on March 2nd in Chamberlain. Action will likely be taken the following day.
Chuck Schlueter with the GFP is handling the public comments on this issue. Please email him at chuck.schlueter@state.sd.us and express your support for the administrative rules change to chapter 41:03:01 concerning concealed carry in the state park system.
Legislation has also been introduced (HB 1173) which would limit the authority of state agencies to promulgate rules restricting concealed carry. In effect, this will reinforce the proposed rule change addressed above. Like the rule change, HB 1083 requires the individual to obtain a government permit before he can exercise his right to bear arms. This stops short of recognizing the Right to Carry as a fundamental constitutional right. However, it is a step in the right direction.
Now is a good time to let your state representatives know that you support HB 1083. The bill could come to a vote in the House as early as the end of next week. This weekend will provide many opportunities to speak personally with your representatives at the “crackerbarrel” meetings across the state. You can also leave a message for them at the Capitol, Mon. through Fri.: (605) 773-3851.
You can identify your representatives on the State Legislative website: http://legis.state.sd.us/sessions/2006/mem.htm You will also find their contact info here if you would like to email or call them directly.
You can also find out who your legislators are here: http://capwiz.com/gunowners/dbq/officials
You can view the names of the representatives who have co-sponsored HB 1083 here: http://legis.state.sd.us/sessions/2006/bills/HB1083p.htm Please be sure to express your approval to your representatives if they are on the bill.