BREAKING: North Dakota Joins the Constitutional Carry Club


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.

North Dakota recognizes permits from 39 states. Wyoming recognizes permits from 35 states. Idaho recognizes permits from all other states that issue permits.

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

comments

  1. avatar Nynemillameetuh says:

    If Nebraska joins the permitless carry club, a mighty “Gunbelt” will straddle the United States. South Dakota and Montana are only holding out because of treasonous governors.

    1. avatar Kendahl says:

      Not likely, especially this year. The focus is on getting state preemption.

  2. avatar Chris says:

    Wait. It didn’t say it had to be that states department of transportation.

    1. avatar Art out West says:

      I agree. Point 2 under HB1169 does not specify that the person has to have a North Dakota drivers license or ID. It just says that they have to have a drivers license or state issue ID card.

      This is wonderful news. It is nice to see permit-less carry laws spreading across the nation. These moves are taking us back in the direction intended by the founders.

    2. avatar Jonathan - Houston says:

      Well, it indicates “the” department od transportation. I bet courts would find that is specific enough to mean the ND DOT.

      1. avatar Mar says:

        Agreed.

        1. avatar Katy says:

          Section 24-02-01 of their code defines the usage of DOT to the ND agency. No interpretation by the court required.

  3. avatar IdahoPete says:

    The Idaho Legislature this week passed a bill (going to the Gov for signature) that will allow any active member of the military in Idaho to carry concealed without a permit (if they are 21+), no matter what their official state of residence. We will be working on extending Constitutional carry to everyone, but we do recognize carry permits from every state that issues them. I see a lot of “shall issue” states on that map that need to get going on Constitutional carry. Wouldn’t want to call them slackers, but they need to get moving.

  4. avatar MamaLiberty says:

    Don’t forget:

    People who want to harm other people don’t care about these or any other laws or restrictions.

    Anyone who can’t be trusted not to harm others with a gun or other tool, should not be without a guardian… Unfortunately, it is difficult to tell who they are ahead of time. Prior restraint devised by “laws” merely make everyone a “criminal” until proven innocent, and quite often not even then.

    Each individual (or their family/guardians) is responsible for their own life and safety. It is impossible for any “state” to assure safety to anyone… even if the “state” honestly wanted to do so. And they have long been smart enough to actually say so! No state entity or employee is legally responsible or empowered to defend any individual! Why can’t people understand this?

  5. avatar Mister Furious says:

    Awesome, since I spend 9 months a year in N.D. Easily the most gun friendly place I’ve ever been.

  6. avatar ArkhamInmate says:

    The rest don’t surprise me, but good for you Maine, New Hampshire, and Vermont! Hell, good for you West Virginia as well!

    The rest of you southern states need to fall in line!

  7. avatar Mar says:

    How can it be called Constitutional Carry if it doesn’t apply to all residents of the US who have the same constitutional rights as residents of North Dakota? (Not that it matters to me; I can’t imagine any reason I would every have to go there. Even during their two weeks of summer.)

    1. avatar MikeJ says:

      Puh-leeease! We have 4 weeks of summer up here. The endless winter keeps most of the riff-raff out.

      And it’s about time our politicians got with the program.

    2. avatar NineShooter says:

      I tell folks the “Constitutional” part refers to the North Dakota Constitution, which is more gun-friendly than the Federal document and most other states’ too. From the fourth part of Section One:

      “… and to keep and bear arms for the defense of their person, family, property, and the
      state, and for lawful hunting, recreational, and other lawful purposes, which shall not be
      infringed.”

  8. avatar NineShooter says:

    Dean, I’m going to point out one difference between what you wrote, above, and the law as it was written.

    You said “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.”

    This is incorrect. The law states you must possess the DL or ID Card for one year (before you can use it to carry), not just be a resident for one year (62.1-04-02, item 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.”). If you get your DL or ID Card quickly after you move here, the two anniversary dates will be close together, but I don’t think they will ever be the same date, as you need certain items to demonstrate residency status before you can get either form of ID (such as a copy of a lease, a power bill etc., with your local address on it). It’s highly unlikely you’d be able to get the proper residency papers together AND get to and through a DL office on the same day (or in most cases, even in the same week, I’m thinking).

    On the other hand, if a new resident uses their old Driver’s License from another state for 2 months before they get their ND DL, then their total “wait time” before being able to carry using the ND DL, starting from the day they moved to ND, will be 14 months (the 2 months they lived here while still being considered a resident of another state, plus the required 12 months from the time they get the ND DL in their possession).

  9. avatar NineShooter says:

    A request: can someone with a bit of legal education, click the link in the first paragraph that takes you to the bill, and then look at sections “62.1-04-04. Producing license on demand.” and “62.1-04-02. Carrying concealed firearms or dangerous weapons.”

    To me, it looks like the new law added a new standard for notification for folks carrying under the new no-permit-needed exception, but didn’t change or delete the old notification standard, which is specific to those who have a permit. The way I read it now, if you are carrying with a permit, you have no requirement to notify (but you have to produce the permit on demand by any law enforcement officer — same way it used to be). However, if you are carrying under the new system, it specifically states you must notify as soon as Law Enforcement makes in-person contact with you.

    We now have two different notification requirements, depending on the authorization method of your carry?

    Am I reading all this correctly?

    1. avatar 11C1P says:

      I’ve had my N.D. permit for almost 25 years now, there was never a requirement to inform you were carrying. When you got pulled over they would run your info and they would know you had a permit. Some people would also hand their CWP and/or let the officer know they were armed, but it was a courtesy, not a requirement. The new law DOES require non-CWP’ers to inform L.E. if they are carrying. One of the reasons is because if they are carrying without a permit, the cops won’t find out by running your info. Also just like with the CWP, which you had to have on you while carrying, you can’t carry without an I.D. So if you are just taking your dog for a walk around the neighborhood and grab your gat, but forget the ID, and something happens, you could be in a bit of a pickle.

  10. avatar LHW says:

    The freedom train keeps on moving.

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