South Dakota Lawmakers killed two measures that deal with concealed weapons. House Bills 1096 and 1116 were deferred to the 41st Legislative day by the Senate Judiciary Committee. Lawmakers objected to what might happen with the passage of the legislation
House Bill 1096 seems simple enough. It requires law enforcement to utilize the National Instant Criminal background check system before issuing a concealed carry permit. It’s a national system that’s used when selling a weapon. John Commerford is a lobbyist for the National Riffle Association. He says the other system used by law enforcement isn’t as complete as the federal system. He says officials with Alcohol, Tobacco and Firearms or ATF helped draft the legislation.
"Federal Law says they are prohibited from purchasing or possessing a fire arm yet the state of South Dakota are giving them a laminated card that says they can legally conceal carry a firearm in the public domain within South Dakota. So that’s a problem that this addresses. The bill also addresses some of the immigration code section; which is in federal law and it just brings it up to the federal standard, which ATF has applied," says Commerford.
What is implied with this legislation is that if this check is done then the concealed permit is all that’s needed to buy a gun without waiting for another background check. And that’s a problem for Law Enforcement. Because the permit is good for five years – there isn’t a simple process to know if someone has violated the concealed carry permit. Stacy Ackerman is the Executive Director of the South Dakota Sheriff’s Association.
"There are individuals with concealed permits who do end up doing things which would disqualify them from having that permit. A revocation system would catch those who are most dangerous such as felons and domestic violence perpetrators and enable us to initiate the revocation process," says Ackerman.
Lawmakers agreed there needs to be a compromise and a better bill drafted next year. The committee also killed a measure that makes concealing an open carry weapon legal.