Carrying a gun in vehicle...

[Lycanthrope]

Ok heres my story and question. Driving around Bismarck yesterday, I was pulled over for having a brake light out. I had 2 rifles in the front of my truck, uncased but unloaded, in the passenger seat. Cop was nice and just gave me a verbal warning but mentioned that you arent allowed to have uncased rifles in your vehicle. He said they are required to be cased and kept in the back of the vehicle, back seat or box/trunk. I told him I have a CC permit and he said, that doesnt matter, those arent concealed. I told him I had never heard of that requirement, but I didnt push it, cuz hes a cop and dont want things to go the wrong direction with cops. He just said it was FYI he told me about it, but he said if the wrong cop pulled me over, it could be an issue... So whats your guys opinion on this? Ever hear of a rule requiring guns to be kept in a case while being transported in a vehicle?

 

[LBrandt]

Minnesota Yes you do. City of Bismarck don't know.

 

[Zogman]

Could be a Bismarck city ordinance. Don't believe it is a NDCC or a game and fish regulation. But I have been wrong before.

 

[Obi-Wan]

I have never heard of that before. cover them with a blanket now they are concealed end of problem.

 

[Jigaman]

He probably hassled you since you are a black woman in ND.

 

[AR-15]

Don't know sure, but isn't Minot that way?

 

[ND 41 Hunter]

Took a quick look through the ND Century Code and the City of Bismarck Title 6-08. I call B.S. You can carry a loaded firearm in your vehicle with a CC permit unless your hunting. Doesn't even make sense to say it would apply for a loaded concealed weapon but not an unloaded firearm in open view. I think your buddy just got off the boat from MN.

 

[Skeeter]

 

[Bfishn]

^^thats "best practices", not the law. I thought with the new constitutional carry law you can basically carry in vehicles no matter what even without a permit. you just have to let the police officer know upon contact. I think NDGF laws still apply while hunting though as far as round in chamber

“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.” Wayne Stenehjem


Stenehjem says drivers may store a loaded gun in their vehicle, but if stopped by law enforcement, they must show proper state identification.

 

[Lycanthrope]

Appreciate the responses, looks like a ran into an uninformed officer, which I suspected was the case.

 

[Retired Educator]

He probably hassled you since you are a black woman in ND.

Quite honestly I will agree with the black comment but I really don't know about the male/female portion. It's hard for me to tell.

- - - Updated - - -

I'm thinking the officer really didn't know the rules otherwise it would have been more than a verbal warning. All I've ever heard is unloaded means nothing in the chamber and for muzzleloader it's no cap.

 

[eyexer]

yea that cop would be wrong. he was looking for something bigger to hook you on. probably an out of date medical mj card

 

[wby257]

West Fargo is the same way, have to be cased when in city limits. CC only works if its a handgun. Long guns do not apply to CC laws

In MN any handgun and AR-15 for a CC

 

[Trapper62]

Minnesota Yes you do. City of Bismarck don't know.

Actually in MN you can have your rifle uncased in the vehicle as long as it is unloaded and nothing in the magazine. At least during bear season it is so I am assuming it is for other seasons as well.

 

[riverview]

unless mn has changed all guns IE shotguns and rifles had to be unloaded and cased, I got a warning in mn for having my gun case unzipped 6 inches.
north Dakota guns can be uncased but not a round in the chamber.
you would think the cop would know this

 

[Yoby]

MN did change their laws (2 years ago I think). it is an unloaded firearm - no case required now.

unless mn has changed all guns IE shotguns and rifles had to be unloaded and cased, I got a warning in mn for having my gun case unzipped 6 inches.
north Dakota guns can be uncased but not a round in the chamber.
you would think the cop would know this

Should clarify if I read the rules correct, all shells have to be out of the gun. Makes a difference with the "loaded/unloaded" definitions from state to state.

 

[tikkalover]

Well shit..........Guess I'm a law breaker ;;;;;;; ,my rifle sits between me and the center counsel of the pickup when I'm deer hunting.

 

[Obi-Wan]

Be careful boys you get a weapons charge and you may not be eligible for a medical card.

 

[shorthairsrus]

They F'd up the law:

BISMARCK, ND — A North Dakota representative said oversight in the new constitutional carry law prohibits loaded firearms inside vehicles.
People can still have a firearm in their vehicle as long as it is not loaded with any active shells.
According to the law’s text, anyone in violation of this could be charged with a class B misdemeanor.
North Dakota Representative Rick Becker told us lawmakers will likely try to change this in the next legislative session.
“Despite having a lot of eyes on it… It was simply overlooked to change the very tiny section that deals with carry and loaded in a vehicle,” Becker explained. “The aspect about the vehicles could very well have been and should have been included in the law. It’s a minor oversight because what we wanted to do was to provide consistency.”
Law enforcement officers, concealed permit holders and anyone in the armed forces can still have loaded firearms in their vehicles.
Representative Becker said he does not consider this a loophole.


WTF -- is this correct???

 

[Yoby]

a bit of info, https://www.legis.nd.gov/cencode/t62-1.html

I did not find anything regarding unloaded and no mention of a case. That may be in the NDGF rules and like said previously, it could be Bismark specific.

62.1-02-10. Carrying loaded firearm in certain vehicles prohibited - Penalty - Exceptions.
An individual may not keep or carry a loaded firearm in or on any motor vehicle, including an off-highway vehicle or snowmobile in this state. An individual violating this section is guilty of a class B misdemeanor. This prohibition does not apply to:
1. A member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations while possessing the firearm issued to the member by the organization and while on official duty.
2. A law enforcement officer.
3. An individual possessing a valid concealed weapons license from this state or who has reciprocity under section 62.1-04-03.1 with a handgun, or with a rifle or shotgun if not in the field hunting or trapping.
4. An individual in the field engaged in lawful hunting or trapping of nongame species or fur-bearing animals.
5. A security guard or private investigator properly licensed to carry firearms.
6. An individual possessing a valid special permit issued pursuant to section 20.1-02-05.

62.1-02-10.1. Carrying a loaded firearm in vehicle while hunting - Penalty.
An individual who is in the field engaged in the lawful hunting of big game or small game and who violates section 62.1-02-10 is not subject to a criminal penalty but is guilty of a class 2 noncriminal offense under chapter 20.1-01.

CHAPTER 62.1-03 HANDGUNS
62.1-03-01. Carrying handgun - Restrictions - Exceptions.
1. A handgun may not be carried unless by an individual not otherwise prohibited and if: a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is unloaded and either in plain view or secured. b. Between the hours of one hour after sunset and one hour before sunrise, the handgun is unloaded and secured.