Minnesota resident - carry in North Dakota

[mrp]

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?

Unfortunately, changing the website doesn't change the statute.

[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?

Unfortunately, changing the website doesn't change the statute.

Technically, neither would a letter.

[xd ED]

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).

We're that true the state of residence would be irrelevant to being able to carry in NoDak, and clearly the state of residence is relevant, as you must provide proof of residency( of a state with NoDak reciprocity IMO) to NoDak to legally carry there.

Again, I'd get it writing. At least you have evidence of a good faith effort.

[mrp]

Unfortunately, changing the website doesn't change the statute.

Technically, neither would a letter.

You're technically correct, which is the best kind of correct.

But, while an opinion from the AG doesn't change the statute, it does give clear guidance on how that office interprets the law. For an example, see:
http://www.familylawtopics.com/2013/12/ ... rry-woman/

The AG won't give an opinion based upon a citizen's request, much less a non-citizen, so the trick is to get someone else in the ND government to bring it up.

[Mauser98]

I think if the statute read 'WHICH' instead of 'WHOSE' it would allow MN residents to carry in ND under a FL permit. The use of the word 'whose' to me means the state of residence, not the issuing state.

[tman]

I tend to think that one should be able to carry on a FL or AZ permit - based on the wording I asked that all y'all parse.

That being said, I still can't be sure, so I'm not recommending anyone be the test case.

[farmerj]

Take care of it the easy way.


Just don't go to the flyover state.

[20mm]

You can always apply for residency while you're in jail awaiting trial.

Did someone forget that this is North Dakota, the state that has less people in it than 48 other states.

Can anyone even reference a case where a permit holder from ANY state has had legal issues in North Dakota?

[Holland&Holland]

You can always apply for residency while you're in jail awaiting trial.

Did someone forget that this is North Dakota, the state that has less people in it than 48 other states.

Can anyone even reference a case where a permit holder from ANY state has had legal issues in North Dakota?

How does one even find North Dakota under the snow drift?

Oh, wait I suppose when it blows if you look below the snirt.

[Grayskies]

I was just reading N Dak AG's website on this...

Concealed weapon licenses may be issued only to those individuals who legally may possess a firearm/dangerous weapon. Individuals may be prohibited by state or federal law from owning, possessing, or having a firearm under their control. For more information, contact an attorney in private practice.

You cannot transfer another state’s concealed carry training or a concealed carry license to ND. If you want to obtain a ND license, you must apply for a license and comply with all requirements.

To be eligible to apply for a North Dakota Concealed Weapon License, you:

1. Must legally be able to possess a firearm/dangerous weapon; and
2. At least age 21 (for a Class 1 License), or at least age 18 (for a Class 2 License); and  
3. Either a US Citizen OR a legal permanent resident alien;and    
4. Your state of residence is determined by your driver's license. If you are not a ND resident, you must have a valid concealed weapon license from your home state, which state must have reciprocity with ND; and
5. For a Class 1 license, you cannot have been convicted of any offense involving the use of alcohol (e.g.: MIP, MIC, open container, DUI) within 10 years prior to the date of application or renewal application. If you have an alcohol offense within the past 10 years, you may apply only for a Class 2 license.

The ND concealed weapon license is valid for 5 years.

http://www.ag.nd.gov/BCI/CW/Eligibility.htm

I guess point 4 means they have changed their thinking on this?

Sorry for the necro, but since I moved I go to Fargo once a month or so... I have been carrying long enough that, my gun is like my pants, I feel naked with out them. Any legal way to legally carry or atleast have the gun in my truck?

[Thunder71]

The website paragraph doesn't trump the statute:

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.

Therefore both FL and AZ permits would be honored by a MN resident carrying in ND.

[farmerj]

The website paragraph doesn't trump the statute:

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.

Therefore both FL and AZ permits would be honored by a MN resident carrying in ND.

Care to be the test case for that claim?

[xd ED]

The website paragraph doesn't trump the statute:

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.

Therefore both FL and AZ permits would be honored by a MN resident carrying in ND.

I believe you are mistaken. The red highlighted text in your quote contradicts your assertion

MN does not recognize a NoDak permit, therefore No Dak does not recognize MN.

[xd ED]

I was just reading N Dak AG's website on this...

Concealed weapon licenses may be issued only to those individuals who legally may possess a firearm/dangerous weapon. Individuals may be prohibited by state or federal law from owning, possessing, or having a firearm under their control. For more information, contact an attorney in private practice.

You cannot transfer another state’s concealed carry training or a concealed carry license to ND. If you want to obtain a ND license, you must apply for a license and comply with all requirements.

To be eligible to apply for a North Dakota Concealed Weapon License, you:

1. Must legally be able to possess a firearm/dangerous weapon; and
2. At least age 21 (for a Class 1 License), or at least age 18 (for a Class 2 License); and  
3. Either a US Citizen OR a legal permanent resident alien;and    
4. Your state of residence is determined by your driver's license. If you are not a ND resident, you must have a valid concealed weapon license from your home state, which state must have reciprocity with ND; and
5. For a Class 1 license, you cannot have been convicted of any offense involving the use of alcohol (e.g.: MIP, MIC, open container, DUI) within 10 years prior to the date of application or renewal application. If you have an alcohol offense within the past 10 years, you may apply only for a Class 2 license.

The ND concealed weapon license is valid for 5 years.

http://www.ag.nd.gov/BCI/CW/Eligibility.htm

I guess point 4 means they have changed their thinking on this?

Sorry for the necro, but since I moved I go to Fargo once a month or so... I have been carrying long enough that, my gun is like my pants, I feel naked with out them. Any legal way to legally carry or atleast have the gun in my truck?

NoDak law has not recently changed in our favor. If you ask the NoDak Atty Gen for an opinion, they'll merely defer to their website.
Their law, unlike the website, is pretty clear: your state of residence must acknowledge a No Dak resident's permit for your permit to be recognized in No Dak.

[Thunder71]

The website paragraph doesn't trump the statute:

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.

Therefore both FL and AZ permits would be honored by a MN resident carrying in ND.

I believe you are mistaken. The red highlighted text in your quote contradicts your assertion

MN does not recognize a NoDak permit, therefore No Dak does not recognize MN.

MN doesn't, AZ and FL do... there's no home state requirement in the statute. "Whose state" refers to the state you have permit in (not necessarily your home state), in this case AZ or FL. Again, I've called, and have been told this by 2 attorneys, a Sheriff, and a state instructor.