CC permit question

sweeney

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Huntin1

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according to the original author of the constitutional carry measure, it does not allow concealed carry with a live round in the chamber. they made a mistake during conference and some wording was eliminated that allowed for that. He intends to straighten that out in this coming session. There have been news reports on nearly all the major news outlets in the state regarding this.


And again, this is false. The Attoney General has issued an opinion on this, you can read it here: https://attorneygeneral.nd.gov/sites/ag/files/documents/Opinions/2017/Letter/2017-L-07.pdf


basically says that if you would be able to carry a loaded firearm concealed with a class 2 license, you are able to carry a loaded firearm concealed without a license under the constitutional carry provision.
 

eyexer

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I had not heard anything about this opinion. Why the hell would they not have made this more known. The last I or anybody I know had heard was that Rick Becker was going to change the wording so that one could. Something is also strange because the information Becker put forth to support his belief it was illegal wasn't the same wording as stated in this opinion. It was pretty clear what Becker brought forward made it illegal. Some how some wires got crossed. I know cops that don't even know this.
 

Huntin1

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If you know cops who don't know this it's because their administration has failed to tell them. This opinion was emailed out to all chiefs and Sheriffs. I know, because I'm also on that email list.
 


Huntin1

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Re-read the last two paragraphs of the opinion, particularly the sentence in bold.

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 therequirements for constitutional carry, that individual is producing the “valid concealedweapons 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 prohibitionsagainst 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 identificationcard is the equivalent of a “valid concealed weapons license” as required underN.D.C.C. § 62.1-02-10 with regard to what was previously only known as a class 2concealed weapons license. Therefore, it is further my opinion that when an individualmeets the qualifications for constitutional carry in North Dakota, a loaded gun may bestored in a vehicle but proper identification must be revealed to law enforcement upon atraffic stop or other in-person contact, as required in N.D.C.C § 62.1-04-04. Thisinterpretation is consistent with the Legislature’s intent and accomplishes the statutes’goals and objectives.




In other words, as long as you can meet the requirements of a class 2 license, your valid drivers license is in effect a concealed weapons license. Wording from the constitutional carry statute says,

An individual who is not otherwise precluded from possessing a class 2firearm and dangerous weapon license under this chapter and who haspossessed for at least one year a valid driver’s license or nondriveridentification card issued by the department of transportation may carry afirearm concealed under this chapter.


so as long as you would be eligible to receive a class 2 license, i.e. No domestic violence or felony convictions etc, you will be able to carry concealed using your drivers license or non driver identification card.
 
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Petras

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Re-read the last two paragraphs of the opinion, particularly the sentence in bold.







In other words, as long as you can meet the requirements of a class 2 license, your valid drivers license is in effect a concealed weapons license. Wording from the constitutional carry statute says,



so as long as you would be eligible to receive a class 2 license, i.e. No domestic violence or felony convictions etc, you will be able to carry concealed using your drivers license or non driver identification card.[/FONT]

Yea, Once I had time to finish reading the opinion i deleted my post. I just wrote an email to the Minot Daily New about an article they ran on Sept. 26th about constitutional carry. It had 2 Major inaccuracies in it, one of which could possibly get people (particularly oil and gas workers) in a heap of trouble if they don't do their own research into the matter. We will see if the make a correction or not.
 

Huntin1

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Yeah, there are a lot of mistaken views about this statute. The calls have tapered off now, but there for a while I was getting 6-10 calls a week with questions about constitutional carry, the misconceptions held by a lot of people were amazing. Perhaps it's the way our legislators choose to write these bills, I've long been a proponant of plain language when writing laws.
 

BrokenBackJack

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Yes it would be nice if the laws were written so us plain down to earth folks could understand them. The older i get the more i don't understand fancy language! Also when people talk fast i have a hard time following along, especially after my stroke. I have to tell them to slow down as i don't hear as fast as you talk.
 

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