Open carry in ND

[natetaz]

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.

 

[ak_]

and as of 2012 the lws passed by fargo put it to where not even cops can carry.

What law is that?

 

[natetaz]

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

 

[pilotforhire]

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!

 

[Fuller Malarkey]

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.....

[video=youtube;ayb80Rf1L04]http://www.youtube.com/watch?v=ayb80Rf1L04&list=WLZHAlrsLn8XAmEZtqGpVzN4LCOfHaZ9_8[/video]

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.

 

[pilotforhire]

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.....

[video=youtube;ayb80Rf1L04]http://www.youtube.com/watch?v=ayb80Rf1L04&list=WLZHAlrsLn8XAmEZtqGpVzN4LCOfHaZ9_8[/video]

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.

Thanks for that video. Makes me proud of GFPD. Not.

 

[Superlite27]

I carry everywhere, all the time, whenever I visit. I've never had a problem.

Of course, I've never encountered an officer, so that could be why. However, from what I've been told, I shouldn't have much of a problem if I do.

I'll be up there for a couple of weeks at the end of May staying at my buddy's place except for the weekend that I drive over to Devils Lake for Devils Run. I'll be in the chopped and lowered 49 Ford which usually makes more of a stir than the gun on my hip.

Lemme know if you're up for coffee at Starbucks.

 

[Tneedham]

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.

I know that this thread is a little old, but I figured I would update it with information that I learned yesterday, (28MAR2016). North Dakota has preemption laws that state that no government can make any "dangerous weapon" laws that are more restrictive than the State Law.

Also, the poster of the comment I am quoting is correct. Publicly Owned means that it is owned by the cumulative public, not an individual or group of individuals. Therefore, any school, city office building, LE center, jail, courthouse etc. are defense-free zones, however Wal-mart and Target etc. Are perfectly legal to carry in.

Also, just because there is a "gun free zone" sticker on the door of an establishment, doesn't mean that it is legally a gun free zone. You can put whatever you want on your door, and I can conceal or open carry in that establishment (other than publicly owned/operated buildings) as much as I want. HOWEVER, if I am asked to leave I MUST comply with that request immediately.

Open carry is legal wherever conceal carry is legal assuming that you have a conceal carry weapons permit. If it is unloaded, and holstered you can carry during the daylight hours and 1 hour before and after daylight WITHOUT a permit. Unloaded in ND means nothing in the chamber, magazine can be loaded and in the weapon, but no rounds can be in the chamber.

So, to summarize, Go ahead and open carry without permit, but don't have 'er cocked and locked.
With a permit, carry open just like you do concealed, anywhere except Schools, publicly owned/operated buildings/property.
Churches
Sporting events or public gatherings (conferences, concerts, fairs/festivals/rodeos, etc.)

Again, this is as of March 28th 2016.

God Bless, Live Free or Die!

 

[Grapeshot]

Welcome to the forum Tneeham. Not a lot of activity posted from ND, maybe you can stimulate some.

 

[Tneedham]

Welcome to the forum Tneeham. Not a lot of activity posted from ND, maybe you can stimulate some.

Thanks!

I've been reading this forum for years now, but haven't joined until now. I look forward to more discussion about ND OC!

 

[Tneedham]

Walsh County Open Carry

Hey All,

I carried at Hugo's in Grafton on the 9th. Nothing to report, a few noticed but other than their eyes constantly scanning my Springfield, they didn't respond.

I carried at a gas station in Edinburg on the 9th. The lady working asked if my pistol was real, I said it was. She then asked if I had a license to carry it to which I said that you don't need one in NoDak if you don't have a round chambered, but that I did have a round chambered and I do have a CCW. She then asked if I was a cop, to which I said I wasn't. She then made a remark about how it isn't the guns that kill people it's the people. I agreed and left.

I carried at Dairy Queen in Park River on the 10th, Patrons and staff were very friendly. They may have been uneasy because I got my blizzards before the 7-10 people who ordered before me. I don't know if they were waiting on food and mine was just quicker or if they were nervous about the firearm and tried to get me out of there faster.

When they called my number ahead of a bunch of other people I said, "Hey everybody, if you order a couple of Blizzards they are done faster!" and one guy said, "Or if you carry a gun". That's about all that happened.

I plan to keep posting to this even when nothing happens to try to stimulate some activity in my area. I would feel much safer seeing other people OC in my area and everywhere I go. I like seeing cops do it, but let see some civilians as well!

 

[Tneedham]

OC in minot back in June, Nobody even noticed that I am aware of. No Issues at all!

 

[solus]

Hey All,

I carried at Hugo's in Grafton on the 9th. Nothing to report, a few noticed but other than their eyes constantly scanning my Springfield, they didn't respond.

I carried at a gas station in Edinburg on the 9th. The lady working asked if my pistol was real, I said it was. She then asked if I had a license to carry it to which I said that you don't need one in NoDak if you don't have a round chambered, but that I did have a round chambered and I do have a CCW. She then asked if I was a cop, to which I said I wasn't. She then made a remark about how it isn't the guns that kill people it's the people. I agreed and left.

I carried at Dairy Queen in Park River on the 10th, Patrons and staff were very friendly. They may have been uneasy because I got my blizzards before the 7-10 people who ordered before me. I don't know if they were waiting on food and mine was just quicker or if they were nervous about the firearm and tried to get me out of there faster.

When they called my number ahead of a bunch of other people I said, "Hey everybody, if you order a couple of Blizzards they are done faster!" and one guy said, "Or if you carry a gun". That's about all that happened.

I plan to keep posting to this even when nothing happens to try to stimulate some activity in my area. I would feel much safer seeing other people OC in my area and everywhere I go. I like seeing cops do it, but let see some civilians as well!

Tneedham, since you have stated you are new to OC'g, might i proffer a word of caution here for your use in future encounters...

if open exclamation or commentary about your firearm occurs in a public again, you need to immediately have a private, quiet conversation with the individual(s) who made the comment explaining, that while you know it was made as a form of humor, their comment could put you in severe risk of someone else in the area hearing just the exclamation, calling the nice police saying they heard someone hollar gun in a DQ and you have a whole bunch of nice LEs dressed in their swat gear looking to take down someone using a firearm.

it is part of the education process on OC'g to acclimate citizens to the concept..

carry on in ND...

sidear, i OC'g for almost 2 weeks during a sojourn in the state a couple of years ago...nobody batted an eye.

ipse

 

[Tneedham]

That is a good point, and one I hadn't thought of.

I'll keep that in mind, thank you for the advice!

 

[solus]

darn if i didn't have practice preach a few hours after i posted...

at sams, male (26-ish) associate as he was finished helping me at the ckout, hollered out' "no problem, especially since you have a gun!!"

called him over again, and quietly had a conversation w/him, and his ashen face as what i was saying sunk in, led me to believe he grasped the seriousness of his joking & innocent inital farewell. we shook hands again and i finished cking out.

ipse

 

[Grapeshot]

darn if i didn't have practice preach a few hours after i posted...

at sams, male (26-ish) associate as he was finished helping me at the ckout, hollered out' "no problem, especially since you have a gun!!"

called him over again, and quietly had a conversation w/him, and his ashen face as what i was saying sunk in, led me to believe he grasped the seriousness of his joking & innocent inital farewell. we shook hands again and i finished cking out.

ipse

Indeed, attracting friendly fire isn't such an attractive idea. The one to worry about is the one you do not hear.

 

[Tneedham]

OC in Grand Forks. Target, Subway/Gas station, Pizza Ranch

Pizza Ranch and Target I don't even think anyone saw it. Nobody said a word, nobody batted an eye.

Subway/Gas Station just outside of GFAFB, an older lady came up and told me she felt much safer when I walked in, her friend said she had to watch me for a second but when she saw my son with me she felt at ease. They both thanked me for the 'show of force'. Apparently they are both retired Air Force. Thanked them for their service, finished purchasing my food and left.

 

[Tneedham]

OC in Fargo, ND on the 29th of July

Pizza Ranch on 45th, I was asked to put my firearm in my vehicle. I had been eating for about 10-15 minutes at this point, and I was with some in-laws so instead of leaving I simply complied and went about my day. I was told that it was their policy, but there were no signs on the door. I intended to bring this up when the person at the front desk had a break in customers, but that didn't happen before we were ready to leave.

Target, no issues.

OC in Grand Forks at 5 Guys, someone said, "That's quite the gun you have, is it a 9?" I said, "No it's a 40."
Then someone asked me if you needed a permit to carry it, and I said that it depends on it's status.

Later, I went to the individual who had started the conversation and asked him to consider the consequences of announcing that I had a gun. If someone heard 'gun' and called the cops, who then showed up thinking they could be in a firefight the situation could escalate far higher than it ever needed to. He agreed, but asked what I thought a cop would think if someone called them just because they saw a gun. I said that I understood that risk, and was prepared for it, but that there was a difference between someone calling 911 because they saw a gun, and saying that they heard someone confronting someone with a gun.

The first sounds paranoid, the second sounds like we need police here, NOW before a firefight breaks out.

He agreed and we enjoyed our burgers talking about rifles and such.

 

[solus]

OC in Fargo, ND on the 29th of July

Pizza Ranch on 45th, I was asked to put my firearm in my vehicle. I had been eating for about 10-15 minutes at this point, and I was with some in-laws so instead of leaving I simply complied and went about my day. I was told that it was their policy, but there were no signs on the door. I intended to bring this up when the person at the front desk had a break in customers, but that didn't happen before we were ready to leave.

Target, no issues.

OC in Grand Forks at 5 Guys, someone said, "That's quite the gun you have, is it a 9?" I said, "No it's a 40."
Then someone asked me if you needed a permit to carry it, and I said that it depends on it's status.

Later, I went to the individual who had started the conversation and asked him to consider the consequences of announcing that I had a gun. If someone heard 'gun' and called the cops, who then showed up thinking they could be in a firefight the situation could escalate far higher than it ever needed to. He agreed, but asked what I thought a cop would think if someone called them just because they saw a gun. I said that I understood that risk, and was prepared for it, but that there was a difference between someone calling 911 because they saw a gun, and saying that they heard someone confronting someone with a gun.

The first sounds paranoid, the second sounds like we need police here, NOW before a firefight breaks out.

He agreed and we enjoyed our burgers talking about rifles and such.

excellent handling with educational conversation with the individual in 5guys...

i also have experienced these situations and when quietly discussed i have found the concern form on faces as i explain the scenario you just outlined. i hope the conversation ended as mine have of ...OMG i never thought about it that way!!

good job.

ipse

 

[Boomboy007]

Looks like I am reviving a dead thread, but it is still pinned to the top, so...

Just moved to Fargo from Bellingham, WA. I find that the law is about 180° from WA. In WA, open carry is legal with no permit, but concealed requires a permit.

In ND, after 30 days residency one may carry concealed without a permit, but open carry requires a permit.

Note: In ND a pistol is considered unloaded if the chamber is empty. For revolvers, that means that there are no cartridges in the cylinder. For pistols, apparently one may have a loaded magazine inserted, but as long as the chamber is empty, it is legally unloaded.

I took the course for the Class 1 permit. The instructor advised that there is no open carry, only "plain view". In effect, that means that one may open carry, but for a semiautomatic pistol, one may NOT carry charged.

As I read the law, I disagree with his conclusion. It seems to me that number 2 exempts that.

For reference:

62.1-03-01. Carrying handgun - Limitations - Exceptions.
1. Unless otherwise prohibited by law, an individual may carry a handgun if the handgun
is unloaded and in plain view or secured.
2. A limitation under subsection 1 does not apply to:
a. An individual possessing a valid concealed weapons license from this state, an
individual not otherwise precluded from possessing a class 2 firearm and
dangerous weapon license under chapter 62.1-04 and who has possessed for at
least thirty days a valid driver's license or nondriver identification card issued by
the department of transportation, or an individual who has reciprocity under
section 62.1-04-03.1.

What do you think?