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Thread: Open Carry in North Dakota

  1. #1
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    Open Carry in North Dakota

    Does the description for North Dakota need to be changed? It says "North Dakota is not a traditional open carry state. However, it is a shall-issue state that issues a carry permit that allows both open and concealed carry."

    State law says:
    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.

    So, technically no permit is required to open carry (if you meet the restrictions above).


    Be sure that you do not accidentally meet the definition of a concealed weapon.

    62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if it
    is carried in such a manner as to not be discernible by the ordinary observation of a passerby. There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is worn under clothing or carried in a bundle that is held or carried by the individual, or transported in a vehicle under the individual's control or direction and available to the individual, including beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered concealed if it is:
    1. Carried in a belt holster which is wholly or substantially visible or carried in a case
    designed for carrying a firearm or dangerous weapon and which is wholly or substantially visible;



    If someone can make sense of the above info about the cars it would be good. I read it over and over, and I am still confused.

    If you have the gun in a belt holster which is visible, it is not concealed.
    If you then hop in a car, it seems like the laws says it IS considered concealed. Making it illegal for someone WITHOUT a permit.


    Thanks for helping.

  2. #2
    Regular Member Bowers's Avatar
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    Grand Forks, North Dakota, USA
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    Quote Originally Posted by Jeff Manley View Post
    Does the description for North Dakota need to be changed? It says "North Dakota is not a traditional open carry state. However, it is a shall-issue state that issues a carry permit that allows both open and concealed carry."

    State law says:
    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.

    So, technically no permit is required to open carry (if you meet the restrictions above).


    Be sure that you do not accidentally meet the definition of a concealed weapon.

    62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if it
    is carried in such a manner as to not be discernible by the ordinary observation of a passerby. There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is worn under clothing or carried in a bundle that is held or carried by the individual, or transported in a vehicle under the individual's control or direction and available to the individual, including beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered concealed if it is:
    1. Carried in a belt holster which is wholly or substantially visible or carried in a case
    designed for carrying a firearm or dangerous weapon and which is wholly or substantially visible;



    If someone can make sense of the above info about the cars it would be good. I read it over and over, and I am still confused.

    If you have the gun in a belt holster which is visible, it is not concealed.
    If you then hop in a car, it seems like the laws says it IS considered concealed. Making it illegal for someone WITHOUT a permit.


    Thanks for helping.
    I think para. 1 over rules the statement of it being in a vehicle and concealed. (if it's on your belt and would be considered OC out of the car.) This section of the law, IMO, was to prevent people from putting guns in the glovebox, under the seat, etc. just like the example., and not to prevent people from wearing in the car. But IANAL. Or a judge.

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