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

Gun Watch ^ | 19 December, 2017 | Dean Weingarten

[marktwain]

South 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.

Gun Watch

[marktwain]

We need to win a few more Senate seats to get national reciprocity.

Under HR38, no concealed carry permit is needed for Constitutional Carry states.

[WildHighlander57]

Goo progress for North Dakota !

[WildHighlander57]

Good progress...

[rktman]

As much as I would love too see this in NV, too many vegalibs in control. Sigh. 👍🏼👹

[oldplayer]

Help me understand this article. The lead sentence says South Dakota but the rest of the article is about NORTH Dakota. Is that just a silly error or is there something I am not getting?

[marktwain]

Silly error.

I cannot fix it on Free republic. Wrote and posted the article without coffee! That is what I get.

Thanks for the correction!

[marktwain]

The first sentence says South Dakota. It should be North Dakota!

[saltydog11]

BS!!!!!!!!!! You just allowed any and everyone with just a drivers license including criminals to carry concealed. Some type of clearance should be required. I’m all for concealed carry as long as some type of check is required.

[TribalPrincess2U]

I agree. Has to be a move to let all criminals carry...more destruction of society.

[Last Dakotan]

The first sentence says South Dakota. It should be North Dakota!

You wouldn't believe how often people living outside the Dakotas make that error and confuse the two states.

Generally speaking the government in ND is too timid to do anything and waits until SD does it first so this was a surprise.

[marktwain]

The laws against criminal possesion of firearms still apply.

A convicted felon cannot legally possess a firearm. A person who has been involuntarily committed may not possess on legally.

There are a few other categories.