2015 South Dakota Codified Laws
Title 23 - LAW ENFORCEMENT
Chapter 07 - Firearms Control
§ 23-7-50 Hearing for restoration of right to possess firearm--Confidentiality of record--Order.

SD Codified L § 23-7-50 (2015) What's This?

23-7-50. Hearing for restoration of right to possess firearm--Confidentiality of record--Order.

Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).

Source: SL 2014, ch 113, ยง 5.

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