[grndpndr]

SD among other states is getting back to the point when once youve served your sentence your restored to full citizenship.Depending on the felony it can be 5-15 yrs before the right to'have control of or carry a firearm is restored" in SD.The effectively lifetime denial of firearms rights
known as" lautenburg
provision" in which there were originally never any civil rights revoked, the state (SD) responded (since '05') by revoking the right to have a firearm from one yr of conviction for domestic violence, thereafter all civil rights including firearms rights "shall be restored" .This provision is also retroactive.SDCL 22-14-15,22-14-15.1 and 22-14-15.2./18USC s 921(a)(20)r Fed Law recognizes the states right to restore civil rights including gun rights. (There is disagreement among the courts concening legality of revoking rights w/o recourse for restoration)
Provision for a loss of rights was supposedly mandatory in order to restore those rights according to some fed courts AFAIK.
SD gun rights orgs fought this DV bill saying it gave wieght to legallity of lautenburg but in reality it was the only way to restore firearms rights to 10s of thousands of South Dakotans whose firearm rights were retroactively stolen under guise of fed law.

WWW://.cadc. US Courts.gov/internet/opinions.nsf

PS If its on the govs desk I believe its (no CC permit required) a done deal for all practical purposes

 

[grndpndr]

Dont presume Im advocating for violent criminals to be in possesion of a firearm.
But you really need to read the laws closely and imagine how the law can be interpreted by an anti gunner.As you know lawyers are slick.Trained to make arguments,promote opinions diametrically opposed to the meaning of the laws intent.

"A PRESUMPTION of possesion for an aggressive or offensive purpose is raised by possesion or use by a person convicted of a crime of violence."

How do you presume someone is going to commit a crime?Can i presume your going to commit a crime because your armed?
Exactly who determines if youve been convicted of a crime of violence and what constitutes a crime of violence?Disturbing the peace could be argued contains an element of violence.Misdemeanor simple assault in which no one was physically touched can be interpreted as a crime of violence.DUI?,Reckless driving? Moving violations? They can all have violent ends.The argument can be made these acts were made with reckless disregard and as such are reckless and knowingly committed with the potential for violence and the list of prohibited persons grows.

My point is where does it end? laws that would restrict your rights need to be very carefully drafted so theres no way they can be misconstrued!In MT's MG law, crimes of violence must be spelled out or sharpy lawyers with the aid of a sympathetic judge will be able to strip virtually everyone of the right to own a MG.

You are aware that the # of crimes committed with legally registered MG's is miniscule to the point of being able to count the # on one hand.And many if not most were committed by LEO!

 

[grndpndr]

Just some food for thought to chew on...
GI1
1. Do you believe when the Founding Fathers drafted the Second Amendment they meant that Americans had the 'right to keep and bear arms'...but not tuck your pocket pistol into your coat or vest pocket?
2. If the Government.. Federal, State or Local...can absolutely decide who can carry, what they can carry, and where they can carry...without any concern about the Second Amendment, would we not be just like many countries around the world where the government has ruled---No Guns For Private Citizens, Period!
3. Re: CCW Specifically...I have a CCW Permit in Wyoming for 30+ Years.... While Our Law(s)look pretty good today...I remember when a Wyoming Sheriff had complete discretion NOT to issue a CCW Permit(MAY Issue!)For No Reason Whatsoever! (the same is still true of Class III Applications!)...But Here's My Point...Even When You Did Get Your Sheriff To Approve Your CCW---You had to List, ON the CCW, the Pistol, WITH Serial # That You Were Applying To Carry!
Yeah! Just The One! How 'DUMB' Is That!
And That's What's Going On In CA, and MD, and NJ, and Washington, D.C., and a bunch of other places...
Regulations Used To Prevent Gun Ownership And Legitimate Self-Defense!

CAVman in WYoming

SD is a MUST issue state in theory.But just like WY the county sheriff has the discretion whether it says so or not in writing to refuse the permit for whatever reason he can think up or none at all.Your recourse IF you can afford a lawyer is to sue the sheriff-county/appeal the decision to a judge.Ive said it before when human beings are involved with thier learned prejudice, be it race,social status whatever, even personality conflict's.The burden is suddenly on YOU to PROVE your a person deserving to excercise your rights!?Not the other way around with the state with its resources having to prove you are not deserving of your god given rights,confirmed by founders and bill of rights."Plain language/clear meaning" of our Fed Bill of Rights state Constitution and other US law
indicates firearms are a right not a priveledge to be bestowed/withheld by the state arbitrarily or contrary to the states /Fed constitution.SD as a whole are believers but ther are unfortunately are some individuals in position's of power who are in fact protected from legal/financial harm by the state/county insurance and thier position.I have heard this straight from the horse mouth
that they dont have to worry about lawsuits the city/county has x amount of insurance if Im sued.This directly from LEO!

Im not lumping all law officers together, Im simply pointing out that as in any group of human beings bad apples slip thru.Particularly I believe in very rural areas where often the requirements to become a law EO arent shall we say as rigorous as it could/should be.$$ constraints and locale often dont appeal to best/brightest.No offense to rural LEO intended,many are working under diifficult conditions to the best of thier ability with poor pay.

even though i expect SD will soon be the 5th state to not require a CC permit(on pro gun- govs desk as we speak) there are still advanrages to having cc permit.Reciprocity is an important one even though I dont as a habit carry locally I can see a need while traveling out of state or back east(S.River)

 

[grndpndr]

I was sure South Dakotans had a staunch ally in the governores mansion however it turns out this no permit CC may be in an iffy deal and may just pass/ just slide by.HB 1248 was substitured basicall substituting similar rights of another no permission cc permit was needed when 1015failed.Supposed gun rights activists voted 1015 down in committed by 7-5.Being defeated becasue 3 progun rights legislatores were mad with the states Gun right Org.
SDGOA becuse of some percieved slight last session.Thier duty is to people not getting even with poeples reps.IM HOPING FOR THE BEST BUT i DO EXSPECT THE WORST.
EITHER SIGHNED OR VETOED 19 FEB! I called the gov office and wrote.I hope other's do the same. Governor Daugaards address at gov mansion is OFFICE of GOVERNOR
500E. CAPITOL AVE
PIERRE,SD 57501
Remember to support HB 1248 poitely but with feeling!
May squeekn by!!

(605) 773 3212

 

[grndpndr]

Id do some researce before I carried a loaded uncase long gun?ffirearm in a state or national parK if I were you.I m about sure all fed/stae state parks must have the firearms un- loaded cased and out of reach in a park.Near home is wind cave state park. It doesnt matter I you have a state or reciprocity CC from another state you can absolutely not carry concealed in a state park.Its a state issue were dealing with now.The State game and fish has say so over parks and recreational areas.So even out fishing on a fed grassland pond is illegal to carry concealed/openly near the waterway around lakefront.Even an abandondend RR line deemed obsolete deeded to state.w/ rails and ties removed along some 100mile of trail thru roughest Mountain lion county is also illegal to carry concealed or openly.Its considered a recreation area and under the ausices and regs of the fish and game.Fines and cc license trouble if caught .Same if your carrying openly. Its still considered a recreation area and no guns are allowed.Thers amove afoot to take the power away from game and fish but for the meantime inSD at least it pays to be cautious.

 

[grndpndr]

I was sure South Dakotans had a staunch ally in the governors mansion however it turns out the no permit CC may be an iffy deal and may just pass/ slide by.HB 1248 was basically substituting, similar rights of another no permission cc permit was needed when 1015failed.Supposed gun rights activists voted HB 1015 down by 7-5.
Being defeated becasue 3 progun rights legislatores were mad with the states Gun right Org.
SDGOA, some percieved 'intimidation' by SDCGO last session alonh with the fact there not the friemds puported to be,the way the wind blows these men lean.Thier duty as legislatures is to people, not getting even politically with with poeples reps.
IM HOPING FOR THE BEST BUT I DO EXPECT THE WORST.The alleged 'intimidation' scheme is front page dirt.for some time
EITHER its SIGHNED OR VETOED by Hon. Gov.Daugarrd the 19 of feb.

I called the Govs. office, and wrote a short note.I hope other's do the same. Governor Daugaards address iS.


Office of the Governor

500 E. Capitol Ave
Pierre,SD 57503

Remember to support HB 1248 poitely but, with feeling! If your unable to write.
A polite phone call is also helpful!( 605 773 3212)

 

[grndpndr]

I'm completely for open carry, but now we can't in this hellhole. I live in the desert, so I may run across a pack of coyotes, or a pack of tweekers. Either way, I want my 1911. Thanks to our Governor, I can't protect myself.
These 12 states will be sweet to carry on like a free American if there's no license, the way it should be. Keep me posted, I'm looking for a free state when I can get out of here, but it will be quite a while.
m14brian

Even if the bid for a no -cc w/o a governmental overseeer fails(thers still next year and the demands growing) we can still, legally carry openly w/o any GD elected or beurocrat telling us whether we can excercise those rights.Again state research reveals if any portion of the firearm is clearly visible it is not to be considered a concealed carry weapon
inder the law.Be it in a car etc.If ANY portion of the firearm is clearly visible theres no concealed weapon.
Still I DREAN OF A NO NEED FOR AN ISSUE cc LICENSE.WAITING!! ON SOME ELECTED(to approve my legal civil rights) OFFICIAL WHO VERY OFTEN HAS HIS OWN PREJUDICES, BE THEY OBVIOUS SUCH AS RACE,SOCIAL STATUS ETC. THERE IS NO SUCH THING AS A 'must' issue license.(Our ex-governor proved that! Continued to break the law running stop signs at hi speed w/minimal LEO hassle un til he kills a mototcyclisy with clearly the right of way.I recall,ex-gov got maybe 3-4months in jail with daylong work release every day another 3 months probation(HOUSE ARREST) and had his law license back,worst racist/borderline personality disorder ive ever had the misfortune of knowing.)And he was still raking up the speeding tickets until he died recently)threre are always looppholes the issuing INDIVIDUAL can hide behind.That and (sheriff/ beaurocrats) tax payer funded million dollar cushion against a lawsuit from a boyo who couldnt hire illeggal laborers let alone a decent lawyer.'Must issue' my ass,means MUST have $ or have friends w/in LEO community.

If I sound angry I am,( AND THE PROBLEM GETS WORSE,I WAS RAISED TO BELIEVE IN RIGHT O WRONG THERE WERE FEW IN ANY GREY AREAS THAT SHOULD/ OR HAD TO BE TOLERATED
AND THE PROBLEM ESCALATES EXPONENTIALLY while most casualy apply more KY.)

 

[grndpndr]

SD,s Governor on the states ELECTED representatives and by extension its citizens who wanted this bill as evidenced by its passage.
Only to be vetoed by Governor Deaugard, apparently deaf to the citizens of SD's wish's.
The issue wont go away but the Governors tenure in the Peoples mansion
will expire soon enuf w/o our support.Mark my words his days as an elected official are numbered,the ballot boxes will speak.GI2