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. (1) Is eighteen years of age or older;
2. (2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
3. (3) Is not habitually in an intoxicated or drugged condition;
4. (4) Has no history of violence;
5. (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. (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. (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. (8) Is a citizen or legal resident of the United States;
9. (9) Is not a fugitive from justice; and
10. (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.