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Message: <blockquote data-quote="Lycanthrope" data-source="post: 152370" data-attributes="member: 562">Sixty-fifthLegislative Assembly3.SectionsSection 62.1-02-05, 62.1-02-10, and 62.1-03-01 dodoes not apply to thepossession and use of firearms by authorized and trained correctional officers actingin the course of their employment under this section.SECTION 3.AMENDMENT.Section 62.1-02-05 of the North Dakota Century Code isamended and reenacted as follows:62.1-02-05. Possession of a firearm or dangerous weapon at a public gathering -Penalty - Application.1.An individual who knowingly possesses a firearm or dangerous weapon at a publicgathering is guilty of a classB misdemeanor. For the purpose of this section, "publicgathering" means an athletic or sportingevent, a school, a church, and a publiclyowned or operated building.2.This section does not apply to:a.A law enforcement officer;b.A member of the armed forces of the United States or national guard, organizedreserves, state defense forces, or state guard organizations, when on duty;c.A competitor participating in an organized sport shooting event;d.A gun or antique show;e.A participant using a blank cartridge firearm at a sporting or theatrical event;f.A firearm or dangerous weapon carried in a temporary residence or motorvehicle;g.A student and an instructor at a hunter safety class;h.Private security personnel while on duty;i.A state or federal park;j.An instructor, a test administrator, an official, or a participant in educational,training, cultural, or competitive events involving the authorized use of adangerous weapon if the event occurs with permission of the person or entitywith authority over the function or premises in question;k.An individual in a publicly owned or operated rest area or restroom;l.An individual possessing a valid concealed weapons license from this state orwho has reciprocity under section 62.1-04-03.1 authorizing the individual to carrya dangerous weapon concealed if the individualwho is in a church building orPage No. 217.0086.0400012345678910111213141516171819202122232425262728293031Sixty-fifthLegislative Assemblyother place of worship and has the approval to carry in the church building orother place of worship by a primary religious leader of the church or other placeof worship or the governing body of the churchor other place of worship. If achurch or other place of worship authorizes an individual to carry a concealedweapon, local law enforcement must be informed of the name of the authorizedindividual; andm.A municipal court judge, a district court judge, a staff member of the office ofattorney general, and a retired North Dakota law enforcement officer, if theindividual maintains the same level of firearms proficiency as is required by thepeace officer standards and training board for law enforcement officers. A locallaw enforcement agency shall issue a certificate of compliance under this sectionto an individual who is proficient.3.This section does not prevent any political subdivision from enacting an ordinance thatis less restrictive than this section relating to the possession of firearms or dangerousweapons at a public gathering. An enacted ordinance supersedes this section withinthe jurisdiction of the political subdivision.SECTION 4. AMENDMENT. Subdivision c of subsection 1 of section 62.1-02-13 of theNorth Dakota Century Code is amended and reenacted as follows:c.Condition employment upon the fact that an employee or prospective employeeholds or does not hold a concealed weapons license or any agreement by anemployee or a prospective employee that prohibits an employee from keeping alegal firearm locked inside or locked to a private motor vehicle in a parking lot, ifthe firearm is kept for lawful purposes.SECTION 5.AMENDMENT. Section 62.1-03-01 of the North Dakota Century Code isamended and reenacted as follows:62.1-03-01. Carrying handgun- Restrictions - Exceptions.1.AAn individual may carry a handgun may not be carriedunless by anthe individualnotis otherwise prohibitedand if:a.Between the hours of one hour before sunrise and one hour after sunset, thehandgun is unloaded and either in plain view orsecured.Page No. 317.0086.04000123456789101112131415161718192021222324252627282930Sixty-fifthLegislative Assemblyb.Between the hours of one hour after sunset and one hour before sunrise, thehandgun is unloaded and secured.2.The restrictions provided in subdivisions a and b of subsection1 do not apply to:a.An individual possessing a valid concealed weapons license from this state orwho has reciprocity under section 62.1-04-03.1.b.An individual on that person's land, or in that individual's permanent or temporaryresidence, or fixed place of business.c.An individual while lawfully engaged in target shooting.d.An individual while in the field engaging in the lawful pursuit of hunting ortrapping. However, nothing in this exception authorizes the carrying of a loadedhandgun in a motor vehicle.e.An individual permitted by law to possess a firearm while carrying the handgununloaded and in a secure wrapper from the place of purchase to that person'shome or place of business, or to a place of repair or back from those locations.f.Any North Dakota law enforcement officer.g.Any law enforcement officer of any other state or political subdivision of anotherstate if on official duty within this state.h.Any armed security guard or investigator as authorized by law when on duty orgoing to or from duty.i.Any member of the armed forces of the United States when on duty or going to orfrom duty and when carrying the handgun issued to the member.j.Any member of the national guard, organized reserves, state defense forces, orstate guard organizations, when on duty or going to or from duty and whencarrying the handgun issued to the member by the organization.k.Any officer or employee of the United States duly authorized to carry a handgun.l.An individual engaged in manufacturing, repairing, or dealing in handguns or theagent or representative of thatindividual possessing, using, or carrying ahandgun in the usual or ordinary course of the business.m.Any common carrier, but only when carrying the handgun as part of the cargo inthe usual cargo carrying portion of the vehicleby law.Page No. 417.0086.04000123456789101112131415161718192021222324252627282930Sixty-fifthLegislative Assembly5.6.The fee for a concealed weapons licensemust be credited to the attorney general'soperating fund. All fees must be paid before the license application may be processedby the director of the bureau of criminal investigation. The attorney general shall listthe fees associated with the license, including the costs of the fingerprint-basedfederal criminal history record check, in the attorney general's administrative rules.6.7.The director of the bureau of criminal investigation shall prescribe the form of theapplication and license, which must include the name, address, description, aphotograph, and the signature of the individual. The application form must requiresufficient information to properly conduct a criminal history record check and beaccompanied by:a.A photocopy of a valid driver's license or identification card issued by this statewhich establishes personal identification through photographic means and showsthe applicant's name associated with a valid residential street address in thisstate or a valid state-issued driver's license from the applicant's state ofresidence which establishes personal identification through photographic meansand shows the applicant's name associated with a valid residential street addressand a valid concealed weapons license from the applicant's state of residence,which has reciprocity with this state under section 62.1-04-03.1; andb.Two sets of classifiable fingerprints. The two sets of classifiable fingerprints arenot required for a renewal of a concealed weapons license. The license is validfor five years. The original license mustbe delivered to the licensee and anelectronic copy must be preserved for six years by the director. Access to licenseinformation must be available to law enforcement through electronic means forofficial law enforcement purposes. The applicant or licenseholder shall notify thedirector of the bureau of criminal investigation of any change of address or anyother material fact which would affect the restrictions on or the need for thelicense.7.8.The director of the bureau of criminal investigation may deny an application or revokeor cancel a license after it has been granted for any material misstatement by anapplicant in an application for the license or any violation of this title. The director ofPage No. 1017.0086.04000123456789101112131415161718192021222324252627282930Sixty-fifthLegislative Assemblythe bureau of criminal investigation shall disclose to the applicant the specific reasonfor denial or revocation of the license.8.9.The applicant may appeal a denial or revocation of this license to the district court ofBurleigh County.9.10.Information collected from an applicant under this section is confidential information.However, the information may be disclosed:a.To a governmental agency or court for a law enforcement purpose, including theinvestigation, prosecution, or punishment of a violation of law.b.To a court to aid in a decision concerning sentence, probation, or release pendingtrial or appeal.c.Pursuant to a court order or a judicial, legislative, or administrative agencysubpoena issued in this state.10.11.The availability of a license to carry a firearm or dangerous weapon concealed underthis section or under any other provision of law may not be construed to prohibit thecarrying of a firearm or dangerous weapon concealed as provided in section62.1-04-02.12.The attorney general may adopt any rules necessary to implement this title.SECTION 8.AMENDMENT. Section 62.1-04-04 of the North Dakota Century Code isamended and reenacted as follows:62.1-04-04. Producing license on demand.Every person while carrying a concealed firearm or dangerous weapon, for which a licenseto carry concealed is required, shall have on one's person the license issued by this or anotherstate and shall give it to any law enforcement officer for an inspection upon demand by theofficer.The failure of any person to give the license to the officer is prima facie evidence that theperson is illegally carrying a firearm or dangerous weapon concealed.SECTION 9.REPEAL.Sections 62.1-02-10 and 62.1-02-10.1 of the North Dakota CenturyCode are repealed- - - Updated - - -<a href="https://www.facebook.com/beckerfornd/videos/1610332865942111/" target="_blank">https://www.facebook.com/beckerfornd/videos/1610332865942111/</a>- - - Updated - - -[MEDIA=facebook]1610332865942111[/MEDIA]</blockquote>

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