Tuesday, December 19, 2017

ND: Proper State Driver's License or Sanctioned ID equivalent to "Concealed Weapons License"

North Dakota passed Constitutional Carry in the 2017 Legislative session.  The legislation allowed people who had North Dakota drivers licenses or nondriver identification cards to carry concealed weapons, thus becoming a practical Constitutional Carry state.

However, another provision of North Dakota law prohibits most people from carrying a loaded firearm in a vehicle.

State legislators asked the Attorney General if the Constitutional Carry provision applied to carrying a loaded firearm in vehicles.

He wrote an official opinion stating that it did so apply.  Here are the relevant conclusions.  From nd.gov:
Thus, even though a concealed weapons license is no longer required, an individual must still provide a valid North Dakota driver’s license or nondriver identification card issued by the North Dakota Department of Transportation upon demand of law enforcement. It is reasonable to conclude that the required identification is in lieu of a physical class 2 concealed weapons license.10

This interpretation has the practical benefit of preserving the prohibition in N.D.C.C. § 62.1-02-10 against keeping or carrying a loaded firearm in or on any motor vehicle. As long as an individual produces a valid driver’s license, and otherwise meets the requirements for constitutional carry, that individual is producing the “valid concealed weapons license” which meets the exemption under N.D.C.C. § 62.1-02-10(3). Likewise, if the individual does not have the proper identification, the prohibitions against driving with a loaded gun in a vehicle remain in place.

It is my opinion, that an individual’s valid driver’s license or sanctioned identification card is the equivalent of a “valid concealed weapons license” as required under N.D.C.C. § 62.1-02-10 with regard to what was previously only known as a class 2 concealed weapons license. Therefore, it is further my opinion that when an individual meets the qualifications for constitutional carry in North Dakota, a loaded gun may be stored in a vehicle but proper identification must be revealed to law enforcement upon a traffic stop or other in-person contact, as required in N.D.C.C § 62.1-04-04. This interpretation is consistent with the Legislature’s intent and accomplishes the statutes’ goals and objectives.
 North Dakota recognizes concealed carry licenses from 39 other states.

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

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Anonymous said...

"South Dakota passed Constitutional Carry in the 2017 Legislative session. The legislation allowed people who had North Dakota...." I think that first word should be North, Dean.

Anonymous said...

If you have a valid drivers license or ID then what business is it to law enforcement when you are in your vehicle? what good is concealed carry with an empty gun? how many stories this year have involved the need for a fire arm in conjunction with vehicles incidents? dumb ass gun grabbers and their ignorant laws. any gun you can carry concealed is useless if it is not loaded.

Dean Weingarten said...

North, South, fixed, thanks for the correction.