Requirements for issuance of temporary permit--Time requirement--Appeal of denial.

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23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.

A temporary permit to carry a concealed pistol shall be issued to a person under §23-7-7 within five days of application if the person:

(1)Is eighteen years of age or older;

(2)Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;

(3)Is not habitually in an intoxicated or drugged condition;

(4)Has no history of violence;

(5)Has not been found in the previous ten years to be a danger to others or a danger to self as defined in §27A-1-1 or is not currently adjudged mentally incompetent;

(6)Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;

(7)Has had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;

(8)Is a citizen or legal resident of the United States;

(9)Is not a fugitive from justice; and

(10)Is not otherwise prohibited by state law, 18 U.S.C. §922(g) as amended to October 26, 2005, or 18 U.S.C. §922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.

A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Source: SL 1985, ch 190, §9; SL 1986, ch 190; SL 1989, ch 210, §1; SL 1993, ch 182, §2; SL 1995, ch 127; SL 2002, ch 118, §5; SL 2009, ch 121, §2; SL 2011, ch 123, §1; SL 2018, ch 140, §2; SL 2019, ch 113, §7.


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