North Dakota Constitutional Carry
As of August 1, 2023, North Dakota joins the list of constitutional carry states, allowing both residents and non-residents to carry firearms without a permit. This significant change was brought about by Governor Doug Burgum’s signing of HB 1339 on April 12, 2023. The new law not only permits non-residents to carry concealed firearms but also removes the 30-day requirement for IDs. In this article, we will explore the intricacies of North Dakota’s gun laws, its concealed carry policies, possession regulations, and the application process for gun permits.
Understanding Constitutional Carry
Constitutional carry, also known as permitless carry, allows individuals to carry firearms without the need for a concealed carry permit. In North Dakota, this means that both residents and non-residents can legally carry concealed firearms without obtaining a permit from the state.
Shall-Issue Policy and Gun Permits
North Dakota follows a “shall-issue” policy for gun permits. If an applicant meets all the requirements set forth by the state’s gun laws, their permit application will be accepted. The responsibility for processing gun permits lies with the law enforcement of the state. However, anyone deemed to be a danger to themselves or others will not be issued a permit. The state’s attorney general is in charge of issuing concealed carry licenses.
Open Carry vs. Concealed Carry
While North Dakota allows constitutional concealed carry, there is no constitutional carry for open carry in the state. To open carry a firearm, one must possess a state concealed gun license and have lived in North Dakota for at least one year. Non-license holders can open carry firearms between an hour before sunrise and an hour before sunset, provided the firearm is completely visible and unloaded. The minimum age requirement for open carry in North Dakota is 18, and non-residents must have a gun permit from a state that North Dakota recognizes.
Possession of Firearms in North Dakota
Adults who have lived in the state for more than one year and do not have any state or federal prohibitions on firearm possession can perform constitutional concealed carry. In such cases, individuals are required to carry either a state identification card or a driver’s license when in possession of a firearm. They must also inform law enforcement officers about their possession of a firearm when approached. Non-residents with permits from states that have reciprocity with North Dakota can also carry concealed within the state, subject to the same restrictions on prohibited locations.
Types of Concealed Licenses
North Dakota issues two types of concealed licenses: class 1 and class 2 licenses. While both licenses are valid within the state, class 1 licenses require more extensive firearm training, making them usable in more states than class 2 licenses. To obtain either license, applicants must complete firearm training from a state-approved instructor. Residents and non-residents with permits from other states may also apply for gun licenses in North Dakota, and military personnel stationed in the state are eligible to apply as well.
Possession of Firearms in Vehicles
Individuals with a North Dakota pistol license can possess firearms in private vehicles. Non-residents carrying firearms in vehicles must have a pistol license from a state recognized by North Dakota. Additionally, individuals with a North Dakota pistol license or a recognized out-of-state permit can possess firearms in parks, forests, wildlife management areas, and the dining areas of restaurants and bars, unless prohibited by signage.
Firearm Restrictions in North Dakota
North Dakota gun laws prohibit the possession of firearms in certain locations, including:
- Professional sporting events
- Churches or during church events without permission from those in charge
- Buildings and venues meant for public operations
- Capitol grounds and their buildings
- Places used for the production and consumption of alcoholic beverages
- Any location while under the influence of alcohol or intoxicating substances
- Bingo gaming sites
- State game refuges and wildlife management areas
- Places where federal laws prohibit the possession of firearms
Application Process for Gun Licenses
To apply for gun permits in North Dakota, applicants must submit required documents to the Bureau of Criminal Inspection. These documents include a copy of the state-issued driver’s license or ID card, two colored passport copies, two fingerprint cards, and a paycheck. Applicants must also complete a recognized North Dakota firearm training conducted by a certified instructor. Class 1 applicants must undergo additional classroom training and an open-book test.
Renewal and Requirements for Gun Permits
Gun permits in North Dakota are valid for five years, after which applicants must renew their licenses. The renewal process can start six months before the permit’s expiration. Applicants must meet several requirements to qualify for gun permits, including age, citizenship status, criminal background checks, and compliance with federal laws.
Conclusion
With the implementation of constitutional carry in North Dakota, both residents and non-residents can legally carry concealed firearms without obtaining a permit. However, it is crucial to understand the state’s laws and regulations surrounding firearm possession, open carry, and prohibited locations. By adhering to these guidelines, individuals can exercise their Second Amendment rights responsibly and safely in the state.
FAQs
1. Can non-residents carry concealed firearms in North Dakota?
Yes, the new constitutional carry law allows both residents and non-residents to carry concealed firearms without a permit.
2. Are there any restrictions on firearm possession in the state?
Yes, North Dakota prohibits the possession of firearms in specific locations such as churches, public buildings, and places where alcohol is consumed.
3. How long is a gun permit valid in North Dakota?
A gun permit in North Dakota is valid for five years, after which it must be renewed.
4. Can individuals from other states apply for gun permits in North Dakota?
Yes, residents and non-residents with valid permits from other states can apply for gun licenses in North Dakota.
5. Does North Dakota have reciprocity with other states for concealed carry?
Yes, North Dakota recognizes valid permits from every other state in the US that accepts its own permit.
