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Thread: CONFUSED on ND OC Law

  1. #1
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    I'm a CC holder, and until this summer hadn't really looked into the ND laws concerning OC'n cause I never considered it. CC'n worked for me and my wife.

    I don't hunt. Never have. (friends and family do) Just blasted gophers till I got interested in handguns, joined a shooting club.. and the rest is history.

    My problem/question:

    But the wifey & I bought a new Arctic Cat TRV 650 (atv) to ride with friends this summer.

    We often ride the 18 miles out to their farm via dirt rds/ditches/prairie trails and I discovered that you can't really CC when the wind is whipp'n at you, and suddenly I realized that EVERYBODY(if looking)could see my XD on my hip since I use an OWB holster.

    hmmmm...... now I'm OC'n when I'm "programmed" toCC.

    I've googled ND law concering OC and all it does is direct me to CC law.

    Now I have no problem "suiting-up" with my SERPA leg harness holster (my shooting range set-up + better retention) and my larger Beretta 92FS for ATV'n, but am I LEGAL to do so?

    I'm technically out in public and NOT hunting. In ND if you don't have a CC permit, any weapon you have with you must be displayed & UNLOADED for the law to see. My CC says I MUSTconceal my loaded weapon..... but riding makes it almost impossible, and no........ the gun is not staying at home. (figured Imention that)

    My current choice is to pocket holster my smaller BERSA T380 w/extra mag and put them in the storage cubby on the TRV. This works well, but I'm exploring options - if any.


    Now I'd originally posted this question on the OC Carry questions.......with no response. soI've modified a bit and posted here.

    I was told today personally that OC in ND is OK w/a CC permit....and your not hunting.... as long as the gun (if an automatic) is no shorter than 4" and you were on private property (yours) or permission from the owner... or in designated rural area.

    If you DON'T have a CCP then OC'n is really a grey area. Stuff like revolver only w/lead bullets was the only allowance and only in rural areas.

    Yep for the most part the simpler choice for right now is to put my pistol(s) in the storage cubby, then re-conceal after trailering up.

    If anybody can shed some light on thisor steer me in the right direction to get the answer(s)I'm searching forwould be appreciated.

    Thanks.




  2. #2
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    North Dakota issued you a license to carry firearms. It's your choice to conceal it or to keep it in plain sight.

    North Dakota is not like Texas where you are required to conceal your handgun.

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    So you NEED a permit to open carry period in ND?

    What if you don't want to CC and ONLY want to OC - you still need a permit?

    Thanks.

    Catherine

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  4. #4
    State Researcher lockman's Avatar
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    Catherine wrote:
    So you NEED a permit to open carry period in ND?NO - corrected
    What if you don't want to CC and ONLY want to OC - you still need a permit?Maybe, No of foot, YES in a vehicle- corrected

    Thanks.

    Catherine
    See link of maps: http://www.opencarry.org/maps.html



  5. #5
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    Thank you!

    Catherine

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  6. #6
    Anti-Saldana Freedom Fighter Venator's Avatar
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    lockman wrote:
    Catherine wrote:
    So you NEED a permit to open carry period in ND? YES

    What if you don't want to CC and ONLY want to OC - you still need a permit? YES

    Thanks.

    Catherine
    See link of maps: http://www.opencarry.org/maps.html
    Where does it say that? You need a permit to carry open in a car, but nothing I see from your reference refers to on foot.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  7. #7
    State Researcher lockman's Avatar
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    You are correct! Now if I would have only gone to the link and read it myself first!

  8. #8
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    OC is legal ON FOOT with NO CCW permit.

    OC is NOT legal IN A VEHICLE with NO CCW permit.

    Got it! Thanks again.

    Catherine

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  9. #9
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    Ok let me see if I got this , I can OC with out a CCW and have to have one to OC in my , truck , now I have a Texas CHL and I know I can carry with it here and in Minnesoda, So I can OC here in Fargo and will I get a lot of look if I do it ???

    I ahve read the law and its hard to understand . if someone would put it simple for me it would be a great thing .



    Thanks in advance

    Texaschl in the NoDak wonderland

  10. #10
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    Yea... In North Dakota, unlike its Southern Neighbor South Dakota, one needs a Permit to Open Carry a Pistol on premises not His own, but not a Long Gun, unless; the Pistol is unloaded AND the time is such that it is one hour before sunrise BUT not more than one hour after sunset, OR,if after those times, unloaded and in a case...asper North Dakota Century Code 62.1-03-01.

    In North Dakota... carrying to or while at a 'Public Gathering' or 'Retail Alcohol/Gaming Establishment(s)' are both Unlawful, pursuant to active North Dakota Century Codes 62.1-02-04 and 62.1-02-05.

    The State tried to change these two Laws, as are indicated in the formentioned paragraph, last year, but the State failed in acquiring the votes necessary to pass the changes.

    To the best of my knowleadge, outside those Laws, all other Firearms Laws in North Dakota are based on Federal Law, more-less its' equivalent.

    Similiar to South Dakota though, carrying a Concealed Firearm/Weapon is Illegal, in accordance with 62.1-04-02, unless the Person has a Valid License wherefor, in accordance with 62.1-04-03.One has to produce this License when carrying a Concealed Firearm in North Dakota, and failure'to produce' is a Crime under North Dakota Century Code 62.1-04-04.

    Good News though... State Parks are not Public Gatherings, but Municipal Parks may well be if they declare them 'Firearm Discharge/Anti-Hunting Zones'.

    The best concorse of greivance here is to get your Local Government to'opt-out' of enforceing the Public Gathering Language of The Public Gathering Law,which is allowable under current North Dakota Law. This is because North Dakota Century Code does, in fact, contain a phrase as is codified under 62.1-02-05 that reads:



    -This section does not prevent any political subdivision from enacting an ordinance which is less restrictive than this section relating to the possession of firearms at a public gathering. Such an ordinance supersedes this section within the jurisdiction of the political subdivision.

    The ONLY other State that has a Firearm/Weapon Public Gathering Law is Georgia, believe me I know. However, even in Georgia, we do not get the benefit of this exception clause, pending its applicability by Local enactment.

    However, this exception is not avaliable for those two places: 1. Retail Establishments for Alcohol, and 2. Gaming Sites; so do be careful there... hereagian North Dakota Century Code 62.1-02-04.



  11. #11
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    OC in ND is similar to CA if you don't have a CCP.

    During the day Open carry is legal if the weapon is in plain site and unloaded. The law does not mention proximity of say a clip or speed loader. So based on the law for someone who does not have a permit yet. The firearm must be unloaded. Posted below is the actual passage from the state code.

    CHAPTER 62.1-03 HANDGUNS
    62.1-03-01. Carrying handgun - Restrictions - Exceptions.
    1. A handgun may be carried by a person not prohibited from possessing one by section 62.1-02-01 or any other state statute, in a manner not prohibited by section 62.1-02-10 if:
    a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is carried 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 carried unloaded and secured.

    Now I would always recommend getting the permit so you can carry loaded but this would be a temp solution for someone just moving from another state or passing through.

    Just look up the state code for yourself. If there is confusing ask local LE to make sure you are on the right side of the Law. The ramifications of being on the wrong side can be painful and expensive.

    Here is the link to the Law.
    http://www.legis.nd.gov/cencode/t621.html

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