Minnesota resident - carry in North Dakota

[xd ED]

Handgunlaw.us links directly to each states laws.

If someone were to go here:
http://www.ag.nd.gov/BCI/CW/reciprocity.htm

It would look like they could carry, without digging any further.

Depends on who 'they' are. If they are a resident of a state that does not have reciprocity with NoDak (ie MN) then they cannot carry in No Dak, regardless of what permits they might hold. That's spelled out in at least 2 previously cited NoDak online sources.

Not only can a MN resident not carry on an AZ/FL/TX/UT permit, because a MN permit isn't valid in ND, we can't even apply for a non-resident permit.

From the ND AG website...

If your driver’s license or identification card was issued in a state other than ND, you also will need to attach a copy of a valid concealed weapon license from your home state, which state must have reciprocity with ND

And from their permit application...

NON-ND RESIDENT Applicants only: Residency is determined by your state-issued license/identification card. If you are a resident of a state that has reciprocity with North Dakota, you must have a valid
concealed carry license from your home state and submit a copy with your application for a ND license. If your home state does not recognize non-resident licenses or does not have reciprocity with ND, you are
not eligible for a ND concealed weapon license. Reciprocity information is available on the Concealed Weapon License page at http://www.ag.nd.gov.

" Not only can a MN resident not carry on an AZ/FL/TX/UT permit, because a MN permit isn't valid in ND, we can't even apply for a non-resident permit."

As I understand it, it's because a ND permit is not valid in MN. But, yeah.

[Thunder71]

Reading more:

The reciprocity law (in whole) is:

62.1-04-03.1. 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.

That law does not require the person to be a resident of the state granting the permit.

[xd ED]

Reading more:

The reciprocity law (in whole) is:

62.1-04-03.1. 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.

That law does not require the person to be a resident of the state granting the permit.

Agreed; the 2 qualifiers to carry in ND are:

A valid permit to carry
and
reciprocity with ND from the state of residence.

[Thunder71]

I believe what was referenced above was the requirement to get a permit, below is the reciprocity law which does not have the home state requirement. You can't get a ND permit with an out of state permit, only if your home state recognizes ND - that makes sense. According to the below law on the actual reciprocity, you can carry in ND with a FL permit (for example).

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.

[mrp]

I believe what was referenced above was the requirement to get a permit, below is the reciprocity law which does not have the home state requirement. You can't get a ND permit with an out of state permit, only if your home state recognizes ND - that makes sense. According to the below law on the actual reciprocity, you can carry in ND with a FL permit (for example).

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.

It does have the home state requirement. "Whose state" refers to the person's state of residence, not the state issuing the permit.

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...

[Thunder71]

I believe what was referenced above was the requirement to get a permit, below is the reciprocity law which does not have the home state requirement. You can't get a ND permit with an out of state permit, only if your home state recognizes ND - that makes sense. According to the below law on the actual reciprocity, you can carry in ND with a FL permit (for example).

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.

It does have the home state requirement. "Whose state" refers to the person's state of residence, not the state issuing the permit.

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...

I'm not an attorney, but in my opinion it doesn't work that way, you can't cross out part of the statement - it changes the meaning. The valid license by another state is what is being referenced.

But if you plan on carrying there, contact a good attorney first.

[mrp]

I believe what was referenced above was the requirement to get a permit, below is the reciprocity law which does not have the home state requirement. You can't get a ND permit with an out of state permit, only if your home state recognizes ND - that makes sense. According to the below law on the actual reciprocity, you can carry in ND with a FL permit (for example).

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.

It does have the home state requirement. "Whose state" refers to the person's state of residence, not the state issuing the permit.

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...

Doesn't work that way, you can't cross out part of the statement - it changes the meaning. The valid license by another state is what is being referenced.

It absolutely does work that way. It's an 'and' statement, which is logically equivalent to:

A person who has a valid license issued by another state to carry a concealed firearm or
dangerous weapon in that state...

And

A person whose state grants to residents of this state...

[Thunder71]

I just got off the phone with the attorney general's office and they agreed, a MN resident with a FL permit can carry in ND.

[xd ED]

I just got off the phone with the attorney general's office and they agreed, a MN resident with a FL permit you can carry in ND.

Get that in writing and I might believe its true. ( not doubting you, merely the NoDakers ability to interpret poorly writin law.

[xd ED]

[quote="Thunder71"]I believe what was referenced above was the requirement to get a permit, below is the reciprocity law which does not have the home state requirement. You can't get a ND permit with an out of state permit, only if your home state recognizes ND - that makes sense. According to the below law on the actual reciprocity, you can carry in ND with a FL permit (for example).

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.

It does have the home state requirement. "Whose state" refers to the person's state of residence, not the state issuing the permit.

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...

Doesn't work that way, you can't cross out part of the statement - it changes the meaning. The valid license by another state is what is being referenced.

It absolutely does work that way. It's an 'and' statement, which is logically equivalent to:

A person who has a valid license issued by another state to carry a concealed firearm or
dangerous weapon in that state...

And

A person whose state grants to residents of this state...[/quote]

That's it in a nut shell. And note they emphasize proving your state of residence with a photo ID/ DL.

[Thunder71]

I hear ya, and I agree - working on just that.

Also have a call into a couple ND attorneys.

[Thunder71]

After contacting 2 attorneys and speaking with a referral (ND police department permit instructor), I'm told as long as the state that issued the permit has reciprocity with ND, then you're good. (Utah, Florida, etc).

[mrp]

After contacting 2 attorneys and speaking with a referral (ND police department permit instructor), I'm told as long as the state that issued the permit has reciprocity with ND, then you're good. (Utah, Florida, etc).

If you could get the AG to put that in writing it would be a great thing. Any chance?

[Rip Van Winkle]

If you could get the AG to put that in writing it would be a great thing. Any chance?

How about if they just clarify their ambiguous website?

[cobb]

I just got off the phone with the attorney general's office and they agreed, a MN resident with a FL permit can carry in ND.

Surprised you got that out of her. When I talked to her awhile back she kept saying it is on their web site. Asking for a clarification of certain statements on their web site and she said they do not give legal opinion. Even went as far as to say that for a clarification on carrying in ND under a UT, FL, etc., permit that I should contact those states.

After contacting 2 attorneys and speaking with a referral (ND police department permit instructor), I'm told as long as the state that issued the permit has reciprocity with ND, then you're good. (Utah, Florida, etc).

Except if you are a Minnesota resident. I don't read it that way and agree with you, but what you and I understand or how we understand it will most likely be different than the ND judge.