North Dakota passed a resident’s Constitutional Carry law on Thursday, 23 March, 2017. The bill was passed in the House on 21 February, 83-9, then in the Senate on 21 March, 34 to 13. It was sent to Governor Dick Burgum on 23 March, and signed into law the same day. From HB 1169:
1. An individual , other than a law enforcement officer, may not carry any a firearm or dangerous weapon concealed unless the individual is licensed to do so or exempted under this chapter.
2. An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under this chapter and who has possessed for at least one year a valid driver’s license or nondriver identification card issued by the department of transportation may carry a firearm concealed under this chapter.
You have to obtain a North Dakota Drivers license or non-driver identification card to carry without a concealed carry permit in North Dakota.
If you’ve been a North Dakota resident for a year, you don’t need a permit. North Dakota requires that a person be a resident for 90 consecutive days to obtain a non-driver identification card. The fee is $8.
There are now three states that limit Constitutional Carry to residents. Those are Idaho, Wyoming, and North Dakota. Most Courts have ruled that non-residents cannot be discriminated against under the equal protection clause.
I haven’t heard of any court cases involving Constitutional Carry. They’re unlikely; open carry is legal without any permit in all three states. Most people who want to carry concealed legally, and who are non-residents will have a concealed carry permit from another state; and all three states recognize permits from most other states.
Finally, people who can legally possess firearms, but wish to carry concealed without a permit, are unlikely to be arrested and be charged in the courts. That ‘s what would be required to make a test case.
Now that North Dakota has joined the Constitutional Carry Club, the members number 13. The other twelve are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, Vermont, Wyoming, and West Virginia.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included. Gun Watch