Friday, February 24, 2017

ND: House Passes Constitutional Carry 83-9

North Dakota has passed a "permitless" or Constitutional carry bill in the House. The bill had very strong support, passing 83-9, with two representatives not voting. From
11th Order - Final Passage House Measures - HB1169 - Energy and Natural Resources - Do Pass - Votes Required 48: PASSED - Yea 83 Nay 9 N/V 2 Exc 0
For a Constitutional carry bill, the legislation is fairly complicated, as it removews various restrictions in ten pages. It applies only to North Dakota residents. Residency may be shown by displaying a North Dakota picture ID that was issued at least a year previously.  The bill includes a "duty to inform" provision that requires people carrying concealed weapons to inform police that they are armed, during police interactions.

North Dakota is a "shall issue" concealed carry permit state, with over 10% of the adult population having concealed carry permits. The permit fee, at $10, is one of the lowest in the nation. Correction: the permit fee is $25.

North Dakota is one of 25 political trifectas in the United States, where the Republican party has control of both houses of the legislature and the governorship.  In North Dakota, Republicans have 38 seats in the Senate, Democrats have 9.  In the House, Republicans have 81 seats, Democrats have 13.

The sponsor of the bill, Representative Rick Becker, believes it will pass in some form.  From
Becker said he’d be surprised if HB1169 didn’t pass in some form.
The Constitutional carry bill, HB 1169, will have to pass the Senate and either be signed by Governor Dick Burgum, or have the legislature override a veto, for the bill to become law.  It has been reported that similar bills have been killed in the Senate. From
The Senate has killed a similar measure in the past two sessions.
Internet searches did not show a similar bill in 2015 or earlier.

Governor Dick Burgum was elected in 2016, replacing fellow Republican Jack Dalrymple.   Internet searches did not find any statements either in support or opposition to Constitutional carry.

Governor Burgum was asked about guns during his campaign.  From
He said guns are a part of his lifestyle. "I don't want it to come across as cliche that I've been a lifetime hunter, but it's where to start," he said. "I own a bunch of guns myself. I'm grandfathered in because I'm old enough, but when my youngest son was going through gun safety a few years ago, I went with him."
It is difficult to pass legislation, by design.  Most bills never become law. HB 1169 in North Dakota has a good start. The state could join the Constitutional carry club in 2017.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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1 comment:

Anonymous said...

constitutional carry is constitutional carry anything else is a joke and a bad joke at that. this business of permits for each state is unconstitutional. the only words that can be enforced are the 26 words of the second amendment. anyone notice the difference in spelling between federally guaranteed right and state limited right? by being a federally guaranteed right the federal government is required to enforce the protection of that right. Individual states have no written authority to limit a federally guaranteed right. even if the states amend their constitutions the amendment would be unconstitutional. the authority for the individual state to limit a federal right just does not exist. the tenth amendment in the bill of rights forbids states that authority.

All states joining the union must accept the federal constitution above their own. as stated the federal constitution is the supreme law of this land. all citizens in every subdivision of this country , city, county and state are all subordinate to the federal constitution.

We as legal American citizens have the right to travel freely any where in this country and our rights travel with us. Our rights can not be required to have a permit or a license or be taxed to exercise our federally guaranteed rights where ever we are. No city, county or state line can be used to deny that right or those rights.

No state has the authority to define the word weapon or arms. the united states supreme court has settled the issue with the ruling that all weapons even those not in existence at the time of the ratification of the second amendment are protected by the second amendment. that by its self strips the states of the authority to define what a weapon is.

There are weapons too small to display for open carry. My great uncle had a six shot revolver that was made in France. he wore it as a tie clasp. it was a .177 caliber and the only place to get the ammo was in France. He was a WW1 veteran.