North Dakota Reciprocity

Firearms related political discussion forum

Re: North Dakota Reciprocity

Postby xd ED on Mon Sep 16, 2013 4:35 pm

RobD wrote:
xd ED wrote:I don't have ready access to the codes. But I believe I read it that a MN resident doesn't qualify to get a NoDak permit, a MN resident could carry with the appropriate( AZ, FL) permit. That is what I attempted to clarify by contacting the NoDak AG. As noted above they pretty much blew me off.


Non-ND residents must have a valid concealed weapon license from their home state, which state must have reciprocity with North Dakota. The home state is determined by the driver’s license.

https://www.ag.nd.gov/documents/07-31-13.pdf

There is no way a MN resident can carry in ND right now.


I've many times seen and read the highlighted text from the linked document.
It defines the prerequisite for obtaining a North Dakota Permit to Carry.

Here, in quotes is the relevant document text preceding that which you copied/ pasted, and highlighted:
BISMARCK, ND – The Legislature passed several bills that change the weapons and concealed weapons laws and as a result, beginning tomorrow, August 1, 2013, applicants for North Dakota’s concealed weapons licenses will notice several new procedures, announced Attorney General Wayne Stenehjem.
The application process has been streamlined and applications now will be mailed directly to the BCI instead of being submitted to the local law enforcement agencies. Other changes include:

... *Non-ND residents must have a valid concealed weapon license from their home state, which state must have reciprocity with North Dakota. The home state is determined by the driver’s license.

It is clear that a MN resident can not presently acquire a NoDak permit.

That is not the question I previously posed, or have yet to see answered;

Again:
Does a non-resident of NoDak need a North Dakota carry permit to carry in North Dakota?
If yes, end of discussion, other than a citation.
If it is not required to have a NoDak permit to carry in NoDak, is it then possible for a holder of a permit in a state which observes reciprocity ( FLA, AZ) to legally carry in NoDak?
And again, a citation would be useful in any definitive answer.
User avatar
xd ED
 
Posts: 9231 [View]
Joined: Fri Jun 18, 2010 6:28 pm
Location: Saint Paul

Re: North Dakota Reciprocity

Postby george on Mon Sep 16, 2013 6:31 pm

xd ED wrote:
george wrote:Almost, If you are from MN. and have a MN. P2C they will honor a permit from a reciprocal state like FL. etc.
If you do not have a resident permit they will not honor a permit even if it's from a reciprocal state.
Kind of a backwards approach of UT.


You state earlier you spoke with the NoDak AG.
Did you get their opinion in writing?
I am inclined to interpret things as you've outlined them, but I have no illusions as to what my opinion will be worth on the side of the road in that legendary land.

I'm way behind here,
No I didn't ask, never thought of it because it was early in the game, they were friendly then but I could tell they were
getting calls. If this is all because they are mad at Minnesota, I would certainty want something in writing I think if I were to carry there.
"If the personal freedoms guaranteed by the Constitution inhibit the government's ability to govern the people, we should look to limit those guarantees."
-- President Bill Clinton, August 12, 1993
User avatar
george
 
Posts: 696 [View]
Joined: Thu Apr 03, 2008 4:34 pm
Location: Minnesota

Re: North Dakota Reciprocity

Postby xd ED on Mon Sep 16, 2013 7:14 pm

george wrote:
xd ED wrote:
george wrote:Almost, If you are from MN. and have a MN. P2C they will honor a permit from a reciprocal state like FL. etc.
If you do not have a resident permit they will not honor a permit even if it's from a reciprocal state.
Kind of a backwards approach of UT.


You state earlier you spoke with the NoDak AG.
Did you get their opinion in writing?
I am inclined to interpret things as you've outlined them, but I have no illusions as to what my opinion will be worth on the side of the road in that legendary land.

I'm way behind here,
No I didn't ask, never thought of it because it was early in the game, they were friendly then but I could tell they were
getting calls. If this is all because they are mad at Minnesota, I would certainty want something in writing I think if I were to carry there.


I was mostly just curious as to how they responded to you, and if your interpretation was shared by them to the point it had been published by the state someplace.

I sort of wonder if the AG is trying to make sense of some poorly designed law.
User avatar
xd ED
 
Posts: 9231 [View]
Joined: Fri Jun 18, 2010 6:28 pm
Location: Saint Paul

Re: North Dakota Reciprocity

Postby george on Mon Sep 16, 2013 7:41 pm

I actually told them I was a MN. resident and if I could still carry with a permit from a state with reciprocity with ND.
They told me only if I also have a MN. permit and any state with a reciprocal agreement with ND. They also said not to destroy the ND. nonresident permit at this time, I thought they were very nice and answered my questions well, this was back Aug. 22nd. I wish I would have asked for an e-mail from them confirming but I didn't.
"If the personal freedoms guaranteed by the Constitution inhibit the government's ability to govern the people, we should look to limit those guarantees."
-- President Bill Clinton, August 12, 1993
User avatar
george
 
Posts: 696 [View]
Joined: Thu Apr 03, 2008 4:34 pm
Location: Minnesota

Re: North Dakota Reciprocity

Postby RobD on Mon Sep 16, 2013 11:54 pm

xd ED wrote:I've many times seen and read the highlighted text from the linked document.
It defines the prerequisite for obtaining a North Dakota Permit to Carry.


Not from how I read the law...

62.1-04-03.1 wrote:Reciprocity.
A person who has a valid license issued by another state to carry a concealed firearm or dangerous weapon in that state and whose state grants to residents of this state the right to carry a concealed firearm or dangerous weapon without requiring a separate license to carry a concealed firearm or dangerous weapon issued by that state may carry, subject to the provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the other state's license is valid in this state.


Barring some official letter from NoDak's AG clearing it up, it seems pretty clear to me that MN residents can't carry there.
RobD
 
Posts: 2846 [View]
Joined: Sat Oct 04, 2008 8:22 pm

Re: North Dakota Reciprocity

Postby .45 Auto on Tue Sep 17, 2013 12:02 am

I'm a MN resident with a valid permit issued by Utah, and Utah grants the right of ND residents with ND carry permits to carry in Utah (i.e. reciprocity... the part you emphasized in bold above), so it sure looks to me like I can carry legally in ND.

Mike - in Sherburne County
User avatar
.45 Auto
 
Posts: 44 [View]
Joined: Tue Jan 29, 2013 2:35 pm

Re: North Dakota Reciprocity

Postby RobD on Tue Sep 17, 2013 12:11 am

.45 Auto wrote:I'm a MN resident with a valid permit issued by Utah, and Utah grants the right of ND residents with ND carry permits to carry in Utah (i.e. reciprocity... the part you emphasized in bold above), so it sure looks to me like I can carry legally in ND.

Mike - in Sherburne County


and whose state (Per 62.1-04-03 ours is MN) grants to residents of this state (North Dakota) ... may carry,...

I wouldn't carry there on my FL right now. Something tells me "But I read it on the interwebz" won't be sufficient defense.
RobD
 
Posts: 2846 [View]
Joined: Sat Oct 04, 2008 8:22 pm

Postby .45 Auto on Tue Sep 17, 2013 12:29 am

I guess it depends on whether "and whose state" means "and whose state of residence", or it merely means the state issuing the reciprocal permit.

Since I have little reason to go to ND, I guess can afford to wait for the dust to settle on this one.

Mike - in Sherburne County
User avatar
.45 Auto
 
Posts: 44 [View]
Joined: Tue Jan 29, 2013 2:35 pm

Re: North Dakota Reciprocity

Postby xd ED on Tue Sep 17, 2013 5:39 am

RobD wrote:
xd ED wrote:I've many times seen and read the highlighted text from the linked document.
It defines the prerequisite for obtaining a North Dakota Permit to Carry.


Not from how I read the law...

62.1-04-03.1 wrote:Reciprocity.
A person who has a valid license issued by another state to carry a concealed firearm or dangerous weapon in that state and whose state grants to residents of this state the right to carry a concealed firearm or dangerous weapon without requiring a separate license to carry a concealed firearm or dangerous weapon issued by that state may carry, subject to the provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the other state's license is valid in this state.


Barring some official letter from NoDak's AG clearing it up, it seems pretty clear to me that MN residents can't carry there.


Thanks for the second bit of quoted information.

As I earlier stated, there have been 2 issues. The need for a NoDak permit,
and
whether or not third-party state non-resident permit may be valid for a MN resident.
The latter questions seems to get answered with this recent info.
Not to my liking, but it seems clear that laws need to be changed to fix this.
Again, Thanks
User avatar
xd ED
 
Posts: 9231 [View]
Joined: Fri Jun 18, 2010 6:28 pm
Location: Saint Paul

Re: North Dakota Reciprocity

Postby RobD on Tue Sep 17, 2013 6:31 am

xd ED wrote:Thanks for the second bit of quoted information.

As I earlier stated, there have been 2 issues. The need for a NoDak permit,
and
whether or not third-party state non-resident permit may be valid for a MN resident.
The latter questions seems to get answered with this recent info.
Not to my liking, but it seems clear that laws need to be changed to fix this.
Again, Thanks

Agreed... The upcoming elections will be telling. But I can tell you this, it's on GOCRA's priority list to get this fixed.
RobD
 
Posts: 2846 [View]
Joined: Sat Oct 04, 2008 8:22 pm

Re: North Dakota Reciprocity

Postby Kjohnson on Tue Oct 08, 2013 10:44 am

I did call the Sheriff's office in Cass county ND. They told me that if i live in Minnesota and get a Utah permit that ND would honor it. So I'm signed up for the Utah.
Kjohnson
 
Posts: 6 [View]
Joined: Thu Aug 22, 2013 8:22 am

Re: North Dakota Reciprocity

Postby xd ED on Tue Oct 08, 2013 11:21 am

Kjohnson wrote:I did call the Sheriff's office in Cass county ND. They told me that if i live in Minnesota and get a Utah permit that ND would honor it. So I'm signed up for the Utah.


At the very least, you should get something in writing. The safest thing to do would be to ignore that opinion as it seems to contradict current code and the AG hasn't publicly stated an opinion I am aware of.
User avatar
xd ED
 
Posts: 9231 [View]
Joined: Fri Jun 18, 2010 6:28 pm
Location: Saint Paul

Re: North Dakota Reciprocity

Postby RobD on Tue Oct 08, 2013 5:04 pm

xd ED wrote:
Kjohnson wrote:I did call the Sheriff's office in Cass county ND. They told me that if i live in Minnesota and get a Utah permit that ND would honor it. So I'm signed up for the Utah.


At the very least, you should get something in writing. The safest thing to do would be to ignore that opinion as it seems to contradict current code and the AG hasn't publicly stated an opinion I am aware of.


And we have all seen Sheriffs who have been less than lackluster in their knowledge and interpretation of the law.

The AG really needs to clear this up. Since this is pretty much just an "FU" to Minnesota, I'm not holding my breath.
RobD
 
Posts: 2846 [View]
Joined: Sat Oct 04, 2008 8:22 pm

Previous

Return to Politics

Who is online

Users browsing this forum: No registered users and 1 guest

cron