Legislative Watch
~ 80th Legislative Session ~
No waiting period on private sales
A bill to clarify who must enforce the unconstitutional waiting period for buying a handgun has been passed and signed by the Governor.
The current wording of the law prohibits any “seller” from delivering a handgun to a buyer before the two-day waiting period is up. House Bill 1189 changes “seller” to “federal firearms licensee,” clarifying that private sales are exempt. This change brings the law into harmony with current practice and the apparent original intent.
HB 1189 passed unanimously and will become law on July 1st, 2005.
Some out-of-state pistol permits accepted
HB 1190 requires South Dakota to recognize concealed pistol permits from any state whose permit requirements are at least as strict as our own.
South Dakota’s current system of concealed carry reciprocity only recognizes the permits of states which recognize ours. HB 1190 opens South Dakota to the residents of other gun control states that have not entered a reciprocal agreement with South Dakota because of their more restrictive permit requirements.
Unfortunately, the bill does not recognize any states that are less restrictive than South Dakota, such as Alaska and Vermont, where resident and non-resident alike may legally carry without obtaining a government license.
With House Majority Leader Larry Rhoden as the prime mover, HB 1190 was pushed as a package deal with the anti-gun database (HB 1209). Both bills passed the House and Senate by unanimous votes.
Thanks to Rhoden’s backroom deal, the anti-gunners have finally obtained what they have long wanted – the ability to profile pistol permit holders as dangerous suspects. In exchange, they all voted for HB 1190 and can now claim to be pro-gun.
In reality, gun owners wield formidable grassroots muscle in this state when they stand together and refuse to compromise. Caving in to anti-gun demands is completely unnecessary.
Shooting Sports lobbyist supports gun control...again
House Bill 1209, which opens the door for gun owner profiling, will take effect on July 1st of this year (click here for a detailed report).
The bill repeals the current law against an instantly accessible pistol permit database, and for the first time in South Dakota, specifically provides instant database access by police radio. This creates a central registry capable of profiling pistol permit holders as a threat to law-enforcement.
HB 1209 is an attempt to appease the anti-gun crowd. Rather than utilizing gun owners’ grassroots muscle to pass HB 1190 (the out-of-state permit bill), Majority Leader Larry Rhoden and South Dakota Shooting Sports lobbyist David Conway cut a backroom deal with notorious anti-gun politicians like Sen. Gene Abdallah.
Unfortunately, this is not the first time that Conway and Rhoden have helped the anti-gunners advance the gun control agenda.
Last year, South Dakota Gun Owners introduced the Right to Arms in Vehicles bill as a step toward real concealed carry laws like those of Vermont and Alaska. But after anti-gun law-enforcement bureaucrats howled in protest, Conway joined them in opposing the Right to Arms bill, stating that he has a problem with a law that would allow people to bear arms without obtaining a government license. Rep. Rhoden then pushed a hoghouse amendment to completely gut the bill of its right to arms language.
With the compromise on HB 1209, Conway and Rhoden have once again betrayed gun owners and provided cover for the anti-gun politicians (click here for an analysis of the bill).
Federal Lautenberg gun ban ratified in state law
Senate Bill 43 revises South Dakota’s criminal code. Buried in this massive bill, in Section 269, is a state-level version of the Lautenberg “domestic violence” gun ban (click here for a detailed report).
When grassroots opposition from SDGO members stalled the bill in committee, Senate sponsor Lee Schoenbeck launched a campaign to silence and intimidate gun owners who opposed his gun control measure (click here for the facts about the Schoenbeck ban). Responding to the flood of postcards, petitions, emails and phone calls, Sen. Schoenbeck not only misled constituents about the effect of his gun ban, but resorted to insults and name calling with those who refused to agree with him.
However, Sen. Schoenbeck’s campaign of misinformation and intimidation was not the key factor in saving his gun ban. It was Shooting Sports lobbyist David Conway who ensured its passage by claiming that the ban will only help gun owners and by misrepresenting his support as an endorsement from the NRA.
SB 43 passed the Senate by a vote of 32 to 2, and the House 61 to 9. The Schoenbeck gun ban will take effect on July 1st.