Today, as promised, Governor Dennis Daugaard vetoed House Bill 1072, (An act to repeal and revise certain provisions relating to permits to carry a concealed pistol) commonly known as the bill to allow permitless carrying of concealed firearms.
From the Legislative Research Council:
March 17, 2017
The Honorable G. Mark Mickelson
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501
Dear Mr. Speaker and Members of the House of Representatives,
I herewith return to you House Bill 1072 with my VETO.
House Bill 1072 is an Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.
The proponents of House Bill 1072 did not testify about problems that exist with our current permitting laws in the bill’s hearings. I am unaware of a single instance in which a person who could lawfully possess a gun was denied a permit to carry a concealed pistol. Our permit laws are effective in screening people who are not eligible to carry a concealed weapon. Over the last three years, Minnehaha and Pennington Counties have turned down nearly 600 permit applicants who were disqualified due to mental illness or due to violent or drug-related crimes. It is for this reason the South Dakota Sheriffs Association, the South Dakota Police Chiefs Association, the South Dakota State’s Attorneys Association, and the South Dakota Fraternal Order of Police all opposed House Bill 1072.
Proponents of this bill argued that our state concealed carry laws infringe on the Second Amendment right to bear arms. I respectfully disagree with that notion. As Justice Antonin Scalia wrote in his majority opinion in District of Columbia v. Heller. “There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment’s right of free speech was not.” As an example of a lawful limitation Justice Scalia states that “prohibitions on carrying concealed weapons were lawful under the Second Amendment..”
As a longtime member of the NRA, I support the right to bear arms. South Dakota’s current permit process is simple and straightforward, and permits can be obtained in a matter of minutes. It is paramount that our state protect the rights of our citizens while at the same time protecting the lives of our citizens. I believe our current laws appropriately protect both interests, and I ask that you sustain my veto.
He also vetoed House Bill 1156 – an act to allow a concealed pistol in the capitol with an enhanced concealed pistol permit.
Thoughts? (Don’t be shy. I’m sure you have a few.)