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Thread: Legalese

  1. #1
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    Legalese

    Does anyone have a link or the actual wording of the right to open carry in ND?

    Thank you.

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    ND State Constitution, Article I, Section 1 Declaration of Rights, "to keep and bear

    Quote Originally Posted by PMac View Post
    Does anyone have a link or the actual wording of the right to open carry in ND? Thank you.
    ARTICLE I
    DECLARATION OF RIGHTS
    Section 1. All individuals are by nature equally free and independent and have certain
    inalienable rights, among which are those of enjoying and defending life and liberty; acquiring,
    possessing and protecting property and reputation; pursuing and obtaining safety and
    happiness; and to keep and bear arms for the defense of their person, family, property, and the
    state, and for lawful hunting, recreational, and other lawful purposes, which shall not be
    infringed.
    http://www.legis.nd.gov/constit/a01.pdf
    I am responsible for my writing, not your understanding of it.

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    That doesn't say you can open carry.

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by PMac View Post
    That doesn't say you can open carry.
    In general, laws usually prohibit rather than allow conduct. Have you seen a law that allows you to eat a peanut butter and pineapple sandwich on Sunday, or a law that says you don't have to tuck your shirt in?
    Is there a law that allows a guy to own one of those little froufrou yappy-dogs and still be a man?

    IF there were a law, it would be a law that prohibited openly carrying a firearm; as "what is not prohibited, is allowed" is the general principle in jurisprudence.
    Last edited by Fallschirmjäger; 04-25-2014 at 11:27 PM.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    In general, laws usually prohibit rather than allow conduct. Have you seen a law that allows you to eat a peanut butter and pineapple sandwich on Sunday, or a law that says you don't have to tuck your shirt in?
    Is there a law that allows a guy to own one of those little froufrou yappy-dogs and still be a man?

    IF there were a law, it would be a law that prohibited openly carrying a firearm; as "what is not prohibited, is allowed" is the general principle in jurisprudence.
    There isn't a law that allows you to own a foo foo yappy dog and still be a Man because your just not if you do... it'd be an immoral law akin to some of the worst ever passed.

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    North Dakota allows any person to carry an unloaded handgun openly during the day.1 Concealed weapons permit holders may openly carry loaded handguns during the day or night.2 North Dakota allows any person to openly carry a long gun in public at any time.

    • N.D. Cent. Code § 62.1-03-01(1)(a). []
    • N.D. Cent. Code § 62.1-03-01(1), (2)(a). []

    http://smartgunlaws.org/open-carrying-in-north-dakota/

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    Regular Member Fallschirmjäger's Avatar
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    So... you guys can't carry loaded handguns openly unless you have a concealed weapons license, and even then you cannot have it loaded inside a motor vehicle?

    http://www.legis.nd.gov/cencode/t62-1.html
    62.1-03-01. Carrying handgun - Restrictions - Exceptions.
    1. An unloaded handgun may be carried by an individual not otherwise prohibited if:
    a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is in plain view or is secured.
    b. Between the hours of one hour after sunset and one hour before sunrise, the handgun is secured.

    2. The restrictions provided in subdivisions a and b of subsection 1 do not apply to:
    a. An individual possessing a valid concealed weapons license from this state or who has reciprocity under section 62.1-04-03.1.
    b. An individual on that person's land, or in that individual's permanent or temporary residence, 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 or trapping. However, nothing in this exception authorizes the carrying of a loaded handgun in a motor vehicle.
    e. An individual permitted by law to possess a firearm while carrying the handgun unloaded and in a secure wrapper from the place of purchase to that person's home 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 another state if on official duty within this state.
    h. Any armed security guard or investigator as authorized by law when on duty or going to or from duty.
    i. Any member of the armed forces of the United States when on duty or going to or from duty and when carrying the handgun issued to the member.
    j. Any member of the national guard, organized reserves, state defense forces, or state guard organizations, when on duty or going to or from duty and when carrying 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 the agent or representative of that individual possessing, using, or carrying a handgun in the usual or ordinary course of the business.
    m. Any common carrier, but only when carrying the handgun as part of the cargo in the usual cargo carrying portion of the vehicle.
    N.b. I'm not knocking it; Georgia has the same weird setup except we call it a weapons license instead of a concealed weapons license as it allows both open or concealed carry. Being a 'concealed license' might lead to the wrong assumptions, no?
    Last edited by Fallschirmjäger; 04-26-2014 at 09:23 AM. Reason: formatting :(

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    I wish it was more clear cut. I want it to say "yes PMac you can open carry your 1911".

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    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by PMac View Post
    I wish it was more clear cut. I want it to say "yes PMac you can open carry your 1911".
    It is what it is. Get a ""concealed"" permit and then 62.1-03-01.1. a and b no longer apply.

    I wish Georgia had a law that specifically said "Any citizen may put beans in his or her chili" but they're completely silent on the matter.

    IF there's a crime, you're going to be charged with something, so the question is What Section of the law are they going to charge you under?

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    Quote Originally Posted by Fallschirmjäger View Post
    It is what it is. Get a ""concealed"" permit and then 62.1-03-01.1. a and b no longer apply.

    I wish Georgia had a law that specifically said "Any citizen may put beans in his or her chili" but they're completely silent on the matter.

    IF there's a crime, you're going to be charged with something, so the question is What Section of the law are they going to charge you under?
    I have a concealed weapons license. Your beans analogy is kinda silly considering how serious a loaded gun violation can be. Good grief.

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    Quote Originally Posted by PMac View Post
    I have a concealed weapons license. Your beans analogy is kinda silly considering how serious a loaded gun violation can be. Good grief.
    I think a bit of respect is due for the restraint shown a trite question. The beans metaphor is apt for its silliness.
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