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Thread: Open carry in ND

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    Post Open carry in ND

    I live in Fargo ND, and I would like to OC. I have never seen anyone else (other than LE) OC in Fargo.

    It there are any other Fargoian's who OC let me know.
    Last edited by Grapeshot; 07-12-2016 at 01:09 AM.

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    I have OC'ed here in fargo a few times with no problem,I have got some strange looks and one lady asked if I was the police .other then that no one even looked .



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    Fargoian here! Never open carried. I have been told I am not allowed to OC in places of business (like target or cash wise) But the law says other wise.
    Where did you OC texas? Especially in summer, it is easier to just put my old Walther P1 in an uncle mikes and have it good to go.

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    I have been in Cash Wise ,Wal-mart,hornbockers, and lots of smaller stores.

    I have not even got a2nd look, but on the other hand I do look like a Police officer as I am a retired one out of Texas.

    good luck and just get out there and do it .


    Doc

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    AH cool. I look like some 16 year old. But I am 26, just short and look young.
    I know the managers at each of those stores too. Never got any trouble, or questions?

    I am planning on getting a new pistol after I get my AR upper. Probably a Jericho 941, or CZ-75. Or...maybe just a glock.

    EDIT: Starbucks was recently in the news for allowing people to Open carry in California. They dont have a national policy, just what ever the local laws are.

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    OC at Fargo Best Buy, West Akers mall, a random gas station, and Scheels. Didn't get a second look from anyone that I could tell.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Just an FYI

    Just an FYI for anyone considering open carry in ND. The ND Century code "62.1-02-05 Possession of a firearm at a public gathering - Penalty - Application" says that is it a class B misdemeanor to carry a firearm in at a public gathering and the definition of a public gathering is as follows:

    For the purpose of this section, "public gathering" includes athletic or
    sporting events, schools or school functions, churches or church functions, political
    rallies or functions, musical concerts, and individuals in publicly owned parks where
    hunting is not allowed by proclamation and publicly owned or operated buildings. The
    term "public gathering" does not apply to a state or federal park.
    As you can see, publicly owned (government owned buildings) or publicly operated (basically all stores and most service providers) are considered public gatherings and therefore you can not open carry nor concealed carry with a CCW at these locations. The Century Code does allow for local jurisdictions to over-ride this statute but I have not found anything in the Fargo statutes that over-rides it to allow it.

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    Quote Originally Posted by geistc View Post
    Just an FYI for anyone considering open carry in ND. The ND Century code "62.1-02-05 Possession of a firearm at a public gathering - Penalty - Application" says that is it a class B misdemeanor to carry a firearm in at a public gathering and the definition of a public gathering is as follows:



    As you can see, publicly owned (government owned buildings) or publicly operated (basically all stores and most service providers) are considered public gatherings and therefore you can not open carry nor concealed carry with a CCW at these locations. The Century Code does allow for local jurisdictions to over-ride this statute but I have not found anything in the Fargo statutes that over-rides it to allow it.
    A store like best buy would not be publicly operated. City hall or police station though yes. And it is my understanding Fargo has an ordinance banning all carry in their government buildings anyway.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Grand Forks

    Quote Originally Posted by stolmani View Post
    I live in Fargo ND, and I would like to OC. I have never seen anyone else (other than LE) OC in Fargo.

    It there are any other Fargoian's who OC let me know.
    Hi! I work in Grand Forks and I was wondering if someone can please tell me what is legal in North Dakota as far as OPEN carry goes. I get so much conflicting information and even the legal pages aren't clear. Please only reply if you Know For Sure. I sure don't want to end up in jail. I currently have the Utah CC Permit.

    Thank You
    Joe
    Double D Barbershop
    Grand Forks ND

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by Joethebarber View Post
    Hi! I work in Grand Forks and I was wondering if someone can please tell me what is legal in North Dakota as far as OPEN carry goes. I get so much conflicting information and even the legal pages aren't clear. Please only reply if you Know For Sure. I sure don't want to end up in jail. I currently have the Utah CC Permit.

    Thank You
    Joe
    Double D Barbershop
    Grand Forks ND
    I'd suggest getting a North Dakota CCW. I'm unsure on whether or not residents of North Dakota can carry on out of state permits. Even if they do every time you carry within 1,000 feet of a school you are breaking federal law (not enforced very much) unless you have a North Dakota CCW or a license from the state in which the school zone is located.
    You cannot carry here:
    Any person who enters or remains in that part of the establishment that is set aside for the retail sale in an establishment engaged in the retail sale of alcoholic beverages or used as a gaming site while in the possession of a firearm or dangerous weapon is guilty of a class A misdemeanor.

    A person who possesses a firearm at a public gathering is guilty of a class B misdemeanor. For the purpose of this section, "public gathering" includes athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, and individuals in publicly owned parks where hunting is not allowed by proclamation and publicly owned or operated buildings. The term "public gathering" does not apply to a state or federal park.
    Both of these are very vague. Carrying in a place like Best Buy or some other establishment like that is legal but I'm not 100% about a place like Wal-mart. Since it talks about the retail sale of alcoholic beverages I don't know if it would include Wal-mart of liquor stores of if it is meant to only include a places like bars or a restaurant that sells alcohol. Talk to a lawyer and stay away from these places. http://www.handgunlaw.us/states/northdakota.pdf this website should help you.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Thumbs up

    And you are talking about OPEN carry?

    Utah permit is legal for us ND people for concealed

    Thanks

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    Quote Originally Posted by geistc View Post
    Just an FYI for anyone considering open carry in ND. The ND Century code "62.1-02-05 Possession of a firearm at a public gathering - Penalty - Application" says that is it a class B misdemeanor to carry a firearm in at a public gathering and the definition of a public gathering is as follows:


    As you can see, publicly owned (government owned buildings) or publicly operated (basically all stores and most service providers) are considered public gatherings and therefore you can not open carry nor concealed carry with a CCW at these locations. The Century Code does allow for local jurisdictions to over-ride this statute but I have not found anything in the Fargo statutes that over-rides it to allow it.
    Publically operated would be like a state operated liquer store (if you have them) not a private enterprise, a court house, a public school, a public funded hospital (but would not apply to a privately owned hospital), and doesn't ND have a "State Bank" that is actually owned by the government? That would be covered, but not your local Wells Fargo, That is a private bank.

    Any private business is private, even if they allow the public to enter, not public, they are privately owned. If you think I am wrong, go into Cabellas in Fargo and ask them if they are a "public". It would be pretty hard to sell guns if it was a felony to carry them into the building, don't you think?

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    Quote Originally Posted by Joethebarber View Post
    Hi! I work in Grand Forks and I was wondering if someone can please tell me what is legal in North Dakota as far as OPEN carry goes. I get so much conflicting information and even the legal pages aren't clear. Please only reply if you Know For Sure. I sure don't want to end up in jail. I currently have the Utah CC Permit.

    Thank You
    Joe
    Double D Barbershop
    Grand Forks ND
    Sorry Im a little late.

    The Century code states:
    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.
    2. The restrictions provided in subdivisions a and b of subsection 1 do not apply to:
    a. Any person possessing a valid North Dakota concealed weapons license or a
    valid license issued by another state authorizing the person to carry a dangerous
    weapon concealed if that state permits a holder of a valid North Dakota
    concealed weapons license to carry a dangerous weapon concealed in that state
    without obtaining a similar license from that state.


    As far as I interperet this Subsection 2 subdivision a makes it legal for someone to OC fully loaded with a permit. If you dont have a permit you can OC unloaded.

    Read through 62.1 of the century code. Helped me a lot. http://www.legis.nd.gov/cencode/t62-1.html

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    Quote Originally Posted by Cox View Post
    Sorry Im a little late.

    The Century code states:
    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.
    2. The restrictions provided in subdivisions a and b of subsection 1 do not apply to:
    a. Any person possessing a valid North Dakota concealed weapons license or a
    valid license issued by another state authorizing the person to carry a dangerous
    weapon concealed if that state permits a holder of a valid North Dakota
    concealed weapons license to carry a dangerous weapon concealed in that state
    without obtaining a similar license from that state.


    As far as I interperet this Subsection 2 subdivision a makes it legal for someone to OC fully loaded with a permit. If you dont have a permit you can OC unloaded.

    Read through 62.1 of the century code. Helped me a lot. http://www.legis.nd.gov/cencode/t62-1.html
    It would appear so. You also can't carry it on you in a vehicle unless you have a permit. Getting a ND permit isn't really hard either so it's not a big deal.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Fargo OC

    Fargo does have a city ordinance prohibiting OC within city limits. I have spoken with LE regarding this and you will be arrested if you are OC'ing in Fargo. Also you might try to tell me that the state has a preemptive statute, however I would suggest reading it very carefully before you make that arguement. Anyway if someone wants to get arrested and fight it, I will follow the case closely...I'm not ready to do that though.

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    Quote Originally Posted by XDM9 View Post
    Fargo does have a city ordinance prohibiting OC within city limits. I have spoken with LE regarding this and you will be arrested if you are OC'ing in Fargo. Also you might try to tell me that the state has a preemptive statute, however I would suggest reading it very carefully before you make that arguement. Anyway if someone wants to get arrested and fight it, I will follow the case closely...I'm not ready to do that though.
    I have been viewing this forum for a long time and after seeing this I decided to sign up and reply.

    As far as Fargo ordinance goes the LE you spoke to is misinformed. Fargo ordinance clearly states that NO handgun can be open carried in public with in the city limits if it is not in a holster or in a gun case. So in other words you can not just carry it around it has to be holstered. Who was the Fargo LE you spoke with? I would like to have a chat with him regarding the laws of Fargo.
    Last edited by roderick; 12-30-2011 at 12:07 AM.

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    Quote Originally Posted by roderick View Post
    I have been viewing this forum for a long time and after seeing this I decided to sign up and reply.

    As far as Fargo ordinance goes the LE you spoke to is misinformed. Fargo ordinance clearly states that NO handgun can be open carried in public with in the city limits if it is not in a holster or in a gun case. So in other words you can not just carry it around it has to be holstered. Who was the Fargo LE you spoke with? I would like to have a chat with him regarding the laws of Fargo.
    Please share the link or text of the Fargo ordinance that says a holstered weapon is ok. I've read it many times and its not quite that clear. I discussed a holstered weapon with my LE friend and understood my arguement, told me I'm more than welcome to make the arguement in court. I'll let someone else do it first.

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    Thumbs up

    Quote Originally Posted by roderick View Post
    I have been viewing this forum for a long time and after seeing this I decided to sign up and reply.

    As far as Fargo ordinance goes the LE you spoke to is misinformed. Fargo ordinance clearly states that NO handgun can be open carried in public with in the city limits if it is not in a holster or in a gun case. So in other words you can not just carry it around it has to be holstered. Who was the Fargo LE you spoke with? I would like to have a chat with him regarding the laws of Fargo.
    Please share the link or text of the Fargo ordinance that says a holstered weapon is ok. I've read it many times and its not quite that clear. I know it says - wrapped in a manner that prevents it from being fired. I believe that a holster does exactly that however my LE friend's response was that I could make that arguement in court! I'll let someone else do it first.

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    Quote Originally Posted by XDM9 View Post
    Please share the link or text of the Fargo ordinance that says a holstered weapon is ok. I've read it many times and its not quite that clear. I know it says - wrapped in a manner that prevents it from being fired. I believe that a holster does exactly that however my LE friend's response was that I could make that arguement in court! I'll let someone else do it first.
    North Dakota has state preemption of firearms laws. No political subdivision may enact anything more restrictive than state law.

    "62.1-01-03. Limitation on authority of political subdivision regarding firearms. No political subdivision, including home rule cities or counties, may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void." from http://www.legis.nd.gov/cencode/t62-1c01.pdf

    Fargo city ordinance 10-0304 section B states:
    "Except as otherwise authorized by law, it also shall be unlawful for any
    person to carry or have in his possession upon the streets, alleys, or in any
    public place within the limits of the city any gun, firearm, air gun, stun gun or
    similar electronic device designed to deliver an electronic charge or shock,
    slingshot, bow, bow and arrow, or other similar device, unless the same shall
    be enclosed in a case regularly provided therefor or securely wrapped in such
    a manner as will not permit of the firing or discharging of the same."
    from http://www.cityoffargo.com/attachmen...%20Welfare.pdf

    So, if you have a permit you can carry however you please.

    * standard I am not a lawyer disclaimer, your mileage may vary, offer void where prohibited, etc *

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    been here done this

    hey guys if you read the laws it also say that your exempt from parts of the law if you have a ccw. and public owned meas by the state not a corparation. please read and know the laws of nd before you tell them to other and if you cant point them to an attoerny. I have found a lot out by being aressted and falsely charge. I also got an attorny to help me know the laws. and as of 2012 the lws passed by fargo put it to where not even cops can carry. yes we already know the answer to that one but you get a rookie cop and a judge thats an ******* you better have money to fight it.

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    open carry north dakota

    Hi i am the founder gor the facebook page open carry north dakota. If you guys have any question or want to post anything you can there. i try to keep up with it as much as i can. It takes a lot because i try to keep all of nd laws and city ordinances up to date and the correct legal definetion. I Have an attorny i go to if I need anything. Please be smart and safe.

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    Quote Originally Posted by natetaz View Post
    and as of 2012 the lws passed by fargo put it to where not even cops can carry.
    What law is that?

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    dont worrie about the law no more they fixed it and now after the gun laws this year no goverment can make gun laws that superseed state
    laws sorry i fone typing

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    Open carry in ND

    Hey guys,

    Just go my class 2 ND CCW yesterday in the mail. Im 19 years old and a student at UND. I was wondering if any of you in the Grand Forks area have open carried and any advice you got about it.

    Thanks!

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    Hi, and welcome aboard. I don't have any personal experience carrying at Grand Forks, however, someone I knew from another interest forum went to school there. He posted up an experience he had with GF's finest.....



    Recording devices are your friend.

    I wonder how many hours a day officer Khaki Clad"Let's get 'er on" spends preening in front of a mirror....

    Just a heads up. Thuggery can pop up anywhere. Be safe and post your experiences.
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