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New Law Makes Gun Buying Easier

It's going to be easier to buy a gun in South Dakota come July. That's when a new law will take effect. 

While it's a win for gun owners and dealers, law enforcement have some concerns. 

Right now if you buy a gun from a reputable dealer, they're required to run an online background check through the National Instant Criminal Background Check or NICS.  

But under the new law, you will skip that process if you have a basic 'concealed to carry' permit from the sheriff's office.

Supporters of the law say it will speed up the buying process. 

"Ten percent of the time, a transfers not going to go through it's going to get delayed and typically a delay can last five days or more for the ATF to come back and approve it, so that sales dead," Dakota Silencer's Brandon Maddox said. 

Maddox, who was a proponent of the change, says there are similar laws in 27 other states, including all of our neighbors.  

"So there's huge efficiencies for a dealer and a customer, it just allows you to exercise the freedom you already have," Maddox said. 

The ATF still has to approve the new law. But some law enforcement agencies have some concerns.  

One sheriff tells KELOLAND News, law enforcement would like the ability to do periodic checks on people who may get disqualified from carrying a concealed gun; like in domestic violence cases. 

"If the ATF chooses to approve the request for a NICS exemption on the basic permit, the decision to sell a firearm or not to sell a firearm is the decision of the firearms dealers," executive director for the Sheriff's Association Staci Ackerman said.  "Sheriffs only approve the concealed permits. All South Dakota three permits are valid for five years. Unlike the Gold and Enhanced permits which have processes in place to do random checks for disqualifying events during those five years, the basic permit does not."

 "So I haven't not seen any data to suggest that's necessary, I don't see other states do that if that makes law enforcement feel more comfortable maybe that's something they could put forth legislation and find the funding and move that forward," Dell Rapids State Represenative Tom Pischke said.

Pischke was one of five lawmakers who voted against the bill.  

He says he felt it was an infringement on gun owner's rights and doesn't believe background checks are necessary. 

 


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