South Dakota, Utah, Vermont and Virginia Updates

[Gary Slider]

South Dakota – The Governor has signed three bills that will become effective July 1, 2022.

SB 195 clarifies their current Stand Your Ground Law.
https://mylrc.sdlegislature.gov/api/Documents/235699.pdf

SB 1162 Updates the definition of Loaded Firearm that a firearm is considered loaded only if a round is in the chamber. https://mylrc.sdlegislature.gov/api/Documents/235683.pdf

HB 212 reduces the cost of a South Dakota Permit to $00.00
https://mylrc.sdlegislature.gov/api/Documents/236252.pdf

Utah - The Governor has signed SB 115 which puts more teeth in their firearm Preemption laws. The amended laws become effective May 4, 2022. You can read the bill at SB0115

Vermont - (Effective July 1, 2022) The governor has signed S 4. This bill adds a section Banning firearms in Hospitals. They must be posted. It also added a section to existing law allowing for Non-Residents to take high cap mags into VT for a certified shooting match. I had reported this earlier as passed and the legislature overrode the Governors veto. That was not correct. The legislature made one little change the Governor wanted and sent him this bill which he signed. All they changed was 30 days to 7 days for Background Check Waiting Period. You can read the bill at
https://legislature.vermont.gov/Doc... Passed by Both House and Senate Official.pdf

Virginia – I posted about S 758 and VA removing Switchblade Knives from their law. The bill only allows for possession of switchblades. It is still illegal to possess a switchblade until July 1, 2022 when this law takes effect. § 18.2-308. Carrying concealed weapons still makes the carrying a concealed switchblade knife illegal even when the new law goes into effect. You can read § 18.2-308. at https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308/

The bill that covers another section of VA law that only allows for the possession can be seen at
https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB758ER+pdf that just allows for the possession.
A Thank You to those who pointed this out to me.

 

[steelslaver]

Thank you very much for your rime and efforts.

 

[BB57]

Just a note that SD's SB 1162 isn't real revolver friendly.

" "Loaded firearm," any functional firearm that contains a cartridge, shell, or projectile in the chamber, including any chamber in the cylinder of a revolver;"

In other words a pistol carried with a full magazine on an empty chamber is legal but a revolver carried with an empty chamber either under the hammer, or in the position where the next cartridge to be fired is located is not legal.

The logic here is that an "unloaded" gun cannot simply be fired by pulling the trigger or cocking the hammer and pulling the trigger.

Racking the slide however is enough preparatory action to qualify it as "unloaded".

——-

SD's SB 212 is a bit misleading.

SD went to constitutional carry for anyone over 18 in 2019. Prior to that the standard concealed carry permit was only $10, and had no training requirement and no finger print based criminal background check.

The Enhanced and Gold Card permits had $70 and $100 application fees, along with both a finger print based criminal background check and an NCIS check.

What SB 212 does is make it free to obtain a concealed carry permit that has wider reciprocity with other states. It will be interesting to see how other states respond to that.

SB 212 also reimburses counties for the processing fees at the end of the year based on the number of applications and renewals for the various types of permits. That reimbursement then comes out of the state general fund.

 

[VaTom]

Thanks Gary,

There was a Senate Bill in Va. this session that would permit a private sale between two Concealed Carry Permit holders (Virginia Residents) without having to go through a background check by the state police which would have to be done by an FFL. Rationale that permit holders have already gone through a background check through the local Circuit Court before being issued the CCP. In Va. the CCP has to be renewed every 5 years.

The bill was "passed over" in committee so it was not acted upon in this session. Perhaps it will be re-introduced in the 2023 session.