Motorcycle constitutional carry in South Dakota.

Motorcycle constitutional carry in South Dakota.

This is a discussion on Motorcycle constitutional carry in South Dakota. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In a couple of weeks me and the fam are going to spend a week in the South Dakota Black Hills. I plan to trailer ...

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Thread: Motorcycle constitutional carry in South Dakota.

  1. #1
    VIP Member Array craze's Avatar
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    Motorcycle constitutional carry in South Dakota.

    In a couple of weeks me and the fam are going to spend a week in the South Dakota Black Hills. I plan to trailer my motorcycle so I can give the wife and stepson a break from my presence once in a while.

    I currently find myself in an unusual position concerning my Missouri CCW permit. Due to the covid, the permitting authority in my county is not open for renewals and my permit expired the end of April. Not a big deal MO is constitutional carry anyway and no late fees will be applied when they open back up.

    That said if possible I'd like to carry as I normally do while there. Including when on my bike. I checked out the South Dakota secretary of State website and discovered Constitutional carry exists there as well for residents and non residents. Cool. Then I read a little further and discover this.

    Motorcycle Regulation

    According to SDCL 32-20-6.6, no person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case enclosing the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. The restrictions in this section do not apply to a utility-terrain vehicle (UTV) or any vehicle that is designed for four or more low pressure tires or rubberized tracks, and has a seat a person sits upon, and has a steering wheel or to any person who holds a disabled hunter permit issued under SDCL 41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor.

    It would appear riding a motorcycle with a loaded pistol is illegal unless possessing a permit to carry a concealed pistol. I'm not asking for leagal advise, as I plan to contact the office directly but would be interested if any SD residents have any knowledge experience or opinions regarding legal MC carry in SD.
    "Some people go to bed with Lucifer..........then cry, cry, cry when they don't greet the day with God."

  2. #2
    VIP Member Array dangerranger's Avatar
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    I think the question is, Did your state issue an extension to your carry license during the shutdown? Is so print it and carry it along with you. Good Luck. DR
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    Good idea from dangerranger
    dangerranger and craze like this.
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    VIP Member Array jmf552's Avatar
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    This doesn't help you now and you have probably already thought of this, but for the future and for others reading this, this kind of situation is why it is good to send in renewals as early as possible and have permits from different states. I have permits from four states and any one of them would cover me in SD. FWIW, I got approval for my non-res PA permit in two weeks from Adams County, but you have to show up in person to actually pick it up.
    hogdaddy and craze like this.
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    I wonder what the reasoning is behind the law?
    It makes no sense to me.
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    @craze , you're in luck. The provision you quoted was repealed in this year's legislative session by HB 1094

    However, I don't see it struck out in the current list of SD Codified Laws - it looks like new laws don't become effective till 1 July.
    craze likes this.
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    Dumb law. Glad it got repealed. Hopefully, a printout of the extension will suffice.
    craze likes this.
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    VIP Member Array Nmuskier's Avatar
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    Quote Originally Posted by KILTED COWBOY View Post
    I wonder what the reasoning is behind the law?
    It makes no sense to me.
    Loaded weapon in a vehicle. It probably applied to all motor vehicles. It does make one extra step in poaching from the truck.
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  10. #9
    VIP Member Array craze's Avatar
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    Quote Originally Posted by Nmuskier View Post
    Loaded weapon in a vehicle. It probably applied to all motor vehicles. It does make one extra step in poaching from the truck.
    I don't read that it does apply to all vehicles, It specifically has an exemption for 4 wheeled utility off road vehicles. "The restrictions in this section do not apply to a utility-terrain vehicle (UTV) or any vehicle that is designed for four or more low pressure tires or rubberized tracks, and has a seat a person sits upon, and has a steering wheel or to any person who holds a disabled hunter permit issued under SDCL" It seems to be directed specifically at motorcycles and traditional ATVs with a cut out for side by sides.
    "Some people go to bed with Lucifer..........then cry, cry, cry when they don't greet the day with God."

  11. #10
    VIP Member Array Nmuskier's Avatar
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    @craze I was supposing motor vehicles, example a pick-up truck. Not ATV, UTV, ORV.
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    Quote Originally Posted by Nmuskier View Post
    Loaded weapon in a vehicle. It probably applied to all motor vehicles. It does make one extra step in poaching from the truck.
    It doesn't apply to all vehicles.

  13. #12
    VIP Member Array Nmuskier's Avatar
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    Quote Originally Posted by Holster View Post
    It doesn't apply to all vehicles.
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    Senior Member Array Gary Slider's Avatar
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    If a motorcycle is licensed for driving on highways it is a motor vehicle. You are covered by SD Permitless Carry Laws when on your licensed motorcycle.
    craze likes this.
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