Double speak in South Dakota

[skywagon54]

I am a full time RVer and live at Custer State Park, Custer county, South Dakota. I approached the local Sheriff about applying for a SD Concealed carry permit and was told that even though I would be living at the park in his county for six months I would not qualify for a concealed carry in his county since my drivers license states my mailing address as Minnehaha County.

This seems to be an attempt to get around the "shall issue" status of South Dakota. Is he correct in that I am not a resident of his county even though I do receive mail here and will be living here for six months?

 

[Gen John Hausken]

You may live in SD for 6 months... But You don't sound like You are a land owner there. And I think that is the problem. It's more than just having and address for 6 months.

 

[Treo]

I'd say apply in minnehaha county

 

[rich45r]

Are you saying you have to be a land owner to get a ccw there? I don't think that would be legal is it?

 

[Tucker's Mom]

From what I understand, to be able to be issued a CCW, you have to have a permanent residence in that place where you want to get your CCW...and you can establish that sort of permanency of residency via your electric bill, water bill, county payments, etc. As from what you stated, SD will be thinking that you are not going to stay in that area longer than 6 months...

 

[sourdough44]

This sounds crazy. I though SD would be an easy State to deal with. How about a FL non-res permit?

 

[sdprof]

Your DL address, where you're registered to vote - those pretty much establish your county of residence. I wouldn't consider an RV park as one's residence in your case.

If you no longer live in Minnehaha county, then you should change your DL to Custer, then you'll be set.

SD Codified Law 23-7-7

A permit to carry a concealed pistol shall be issued to any person by the sheriff of the county in which the applicant resides....

Here's the definition of residence, from the voting section of the laws

12-1-4. Criteria for determining voting residence. For the purposes of this title, the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.
A person who has left home and gone into another state or territory or county of this state for a temporary purpose only has not changed his or her residence.
A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.
If a person moves to another state, or to any of the other territories, with the intention of making it his or her permanent home, the person thereby loses residence in this state.

 

[sdprof]

This sounds crazy. I though SD would be an easy State to deal with. How about a FL non-res permit?

If OP is a SD resident, he must have a SD permit. Out of state permits are recognized only for out of state residents.

 

[thezenkeeper]

I think you are thinking to much into this. If you residence is in Minnehaha county then apply in that county. Your ccw is still good anywhere in the state regardless of what county you received it in.

 

[wolf_fire]

I am a full time RVer and live at Custer State Park, Custer county, South Dakota. I approached the local Sheriff about applying for a SD Concealed carry permit and was told that even though I would be living at the park in his county for six months I would not qualify for a concealed carry in his county since my drivers license states my mailing address as Minnehaha County.

This seems to be an attempt to get around the "shall issue" status of South Dakota. Is he correct in that I am not a resident of his county even though I do receive mail here and will be living here for six months?

I do believe this is horse hockey.... however in my state of PA, I have to apply to the county I live in according to their records. This would be the address on my driver's license.

Now let me let your blood really boil. I have both a PA and a UT concealed carry permit. With either of those I can conceal carry in your state, but you can't get your permit from a different county in the same state. Absolute horse hockey.

 

[skywagon54]

I do have a Utah concealed carry, and you are correct it is invalid in SD if you are a SD resident; which I am. On the app for Minnehaha county it asks how long you have resided in the county, I don't. It is like having a p.o. box in Dallas but living in Fort Worth execept a lot further apart, like 370 miles!

 

[Matt Schlueter]

I am a full time RVer and live at Custer State Park, Custer county, South Dakota. I approached the local Sheriff about applying for a SD Concealed carry permit and was told that even though I would be living at the park in his county for six months I would not qualify for a concealed carry in his county since my drivers license states my mailing address as Minnehaha County.

This seems to be an attempt to get around the "shall issue" status of South Dakota. Is he correct in that I am not a resident of his county even though I do receive mail here and will be living here for six months?



skywagon54

It sounds like the problem is, you need a permanent address (house, apartment, or similar type residence), where you receive bills and such. Although you may technically qualify for a permit living in an RV park it could be perceived as being a temporary situation. Also if the PO Box you are using is similar to a mail drop off like mail boxes ect. ups or what ever they do not qualify under state law and the county has every right to refuse a permit based on this, long as they can articulate this reasoning. If you have any questions on how to actually qualify for the permit I would just go ask the sheriff, and then follow his advice. Under standing this may take some time (6 months) to qualify at your new address, and you really must intend on keeping the residence and becoming a resident of the county, if the SO found out later you moved on after expressing you intentions to stay and become a resident they could have the permit rescinded.

South Dakota Secretary of State Jason Gant - Adminservices

Link Removed

Matt

 

[Mobuck]

"I'm a fulltime RVer" That right there would be a problem if I were the issuing agency. There are LOTS of "full time RVers" with SD residency that don't "live" in SD although the OP indicated he does. In Missouri, you apply through the county in which you have "full time residency" or in which you meet the minimum residency period.
I wouldn't want to step on any toes but I would classify a "full time RVer" as a high dollar vagrant. If you can't modify your behaviour long enough to meet the state's requirements, live the high life w/o a CCW.