Saturday, March 25, 2017

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.
The point is that you have to obtain a North Dakota Drivers license or non-driver identification card in order to carry without a concealed carry permit in North Dakota. If you have been a North Dakota resident for a year, you do not 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 have not heard of any court cases involving Constitutional Carry. They are unlikely because 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 posess firearms, but who wish to carry concealed without a permit are unlikely arrested and be charged in the courts. That would be required to make a test case.

I do not think we will be seeing a test case any time soon, unless one is deliberately created. It is not so easy to do.

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.

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1 comment:

Anonymous said...

So what happens if you have a self defense issue before that year limit expires? carrying for self defense is not for a current style accessory. who knows when the need may arise. why not require wearing a sign that says I have not been here for the whole year so please rob me first. Idiots write these laws. and bigger idiots pass them.