Re: Open Carry Laws for South Dakota
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Re: Open Carry Laws for South Dakota

This is a discussion on Re: Open Carry Laws for South Dakota within the Open Carry Discussion forums, part of the Main Category category; I guess I am somewhat confused about Open Carry Laws in South Dakota and, am hoping someone can help clear ...

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    gharleydude is offline GharleyMan
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    Default Re: Open Carry Laws for South Dakota

    I guess I am somewhat confused about Open Carry Laws in South Dakota and, am hoping someone can help clear up my confusion. In reading up on some of the laws there, if I understand correctly, even if you are out of state (I am from Wisconsin) you can open carry, but just not while riding your motorcycle. I am planning on attending Sturgis this year as I have many times before, only this is the first time I have considered taking a pistol with me. I just obtained my Conceal and Carry permit for Wisconsin, and would have applied for the Utah Conceal and Carry, except it takes sixty days to get approved, thus, obviously do not have the time before leaving for Sturgis. So then to sum up my question for anyone in the legal know; I can open carry if I am not on the bike, anywhere in South Dakota, is that correct? But just not while I am on the bike? Thanks people

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    XDSTEEL is offline XDMN
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    Quote Originally Posted by gharleydude View Post
    I guess I am somewhat confused about Open Carry Laws in South Dakota and, am hoping someone can help clear up my confusion. In reading up on some of the laws there, if I understand correctly, even if you are out of state (I am from Wisconsin) you can open carry, but just not while riding your motorcycle. I am planning on attending Sturgis this year as I have many times before, only this is the first time I have considered taking a pistol with me. I just obtained my Conceal and Carry permit for Wisconsin, and would have applied for the Utah Conceal and Carry, except it takes sixty days to get approved, thus, obviously do not have the time before leaving for Sturgis. So then to sum up my question for anyone in the legal know; I can open carry if I am not on the bike, anywhere in South Dakota, is that correct? But just not while I am on the bike? Thanks people
    Good News. YOU CAN! You can ride with a pistol on you OC or CC with your CCP. South Dakota does except ALL out of state permits. South Dakota Statute

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    32-20-6.6. Carrying firearm on motorcycle or off-road vehicle--Exception for holder of concealed pistol permit or disabled hunter permit--Enforcement--Violation as misdemeanor. No person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. This section does not apply to any person who holds a permit issued pursuant to 41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor

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    I f you look at the map S.D.does take wisconsin ccw

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    gharleydude is offline GharleyMan
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    Are you sure about that? I looked at a map that dealt with Conceal and Carry states, and according to what I saw, Minnesota and South Dakota were two states that did not honor the Wisconsin Conceal and Carry permit. Perhaps I looked at an outdated map or something, but it was only recently that I looked at the map, so it is hard for me to believe it was outdated. I have to be right on this, and there is no room for error, as the penalties are severe if I am in the wrong.

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    gharleydude is offline GharleyMan
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    Just curious. Has anyone checked to see what South Dakota law actually says?

    South Dakota Codified Laws

    23-7-7.4. Nonresident permit to carry concealed pistol--Validity in South Dakota--Application. Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    gharleydude is offline GharleyMan
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    Sounds like a bunch of double talk to me. The verbiage of this sounds quite ambiguous and or confusing.. Clarification in layman's terms, anyone?

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    Quote Originally Posted by gharleydude View Post
    Sounds like a bunch of double talk to me. The verbiage of this sounds quite ambiguous and or confusing.. Clarification in layman's terms, anyone?
    Any valid permit that you possess from any other state is good in South Dakota, so long as you are not a resident of South Dakota. If you become a resident of South Dakota, then you must obtain the South Dakota permit.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    gharleydude is offline GharleyMan
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    Thank you for your response, Navy LCDR, I just discovered this fact today, after doing an insane amount of online research. I feel much better now, knowing where I stand from a legal point of view. Again thank you for your response.

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    XDSTEEL is offline XDMN
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    Quote Originally Posted by gharleydude View Post
    Thank you for your response, Navy LCDR, I just discovered this fact today, after doing an insane amount of online research. I feel much better now, knowing where I stand from a legal point of view. Again thank you for your response.
    You can open carry without a permit also. just throwing it out there. Please checkout Open Carry South Dakota on Facebook!

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