Concealed Carry Law

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Davis Schmidt's picture
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Concealed Carry Law

I'm reading from a couple of sources that the new concealed carry law does not have a provision for carrying in a vehicle, meaning that if you do not have a permit you cannot carry a loaded  weapon in your vehicle.  Does anybody have information that says otherwise?

62.1-02-10. Carrying loaded firearm in certain vehicles prohibited - Penalty - Exceptions. An individual may not keep or carry a loaded firearm in or on any motor vehicle, including an off-highway vehicle or snowmobile in this state. An individual violating this section is guilty of a class B misdemeanor. This prohibition does not apply to: 1. A member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations while possessing the firearm issued to the member by the organization and while on official duty. 2. A law enforcement officer. 3. An individual possessing a valid concealed weapons license from this state or who has reciprocity under section 62.1-04-03.1 with a handgun, or with a rifle or shotgun if not in the field hunting or trapping. 4. An individual in the field engaged in lawful hunting or trapping of nongame species or fur-bearing animals. 5. A security guard or private investigator properly licensed to carry firearms. 6. An individual possessing a valid special permit issued pursuant to section 20.1-02-05.

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Drydock sports posted this on their Facebook feed a little bit ago.

The August 1st "constitutional carry" law goes into effect next week and I just wanted to share some info regarding the new law. Our police chief stopped in a couple days ago after receiving a letter put out by the ND BCI letting the law enforcement community know that in the law there is NO PROVISION FOR CARRYING IN A VEHICLE WITH HAVING A VALID CONCEALED WEAPON PERMIT. It was probably some sort of oversight according to him but if you choose to carry a gun without a valid concealed weapon permit you are NOT covered in your vehicle.

I have attempted to get a copy of the letter sent out by BCI but evidently it is classified for law enforcement only. If I find out more I will let you know. This is another good reason to keep or obtain a concealed weapon permit.

Don't practice until you get it right, practice until you can't get it wrong.

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Don't practice until you get it right, practice until you can't get it wrong.

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This just came from the ND Game Wardens Association Facebook feed.

Second notice. An update to the Constitutional Carry post was done. In this it is noted that no changes were made for firearms in motor vehicles. As such it is still illegal to have a loaded firearm in a motor vehicle unless you have a valid concealed carry permit. (loaded firearms are also allowed when hunting nongame and furbearers where legal to hunt them. EX if both sides of the road are posted against hunting or you are within city limits, you cannot legally hunt with a firearm there and thus cannot use this excuse. Again, in route to hunt game, this exception is not allowed.)

Don't practice until you get it right, practice until you can't get it wrong.

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Well, that about defeats the purpose. Good to know though!! Im thinking a lot of people will be gettting into trouble with this law.

 

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So in the case of a handgun what is considered loaded? In the barrel or is in the magazine considered loaded?

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fishnnut wrote:

So in the case of a handgun what is considered loaded? In the barrel or is in the magazine considered loaded?

Good question.  I believe you can have rounds in the mag, just not one in the hole.  Don't take my word as law because I am a little unsure.  I do know that if you have a revolver you have to completely empty it.

Don't practice until you get it right, practice until you can't get it wrong.

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That's why I'm always gopher or coyote hunting when in a vehicle.wink

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Only way you could have a loaded mag in the gun at night is if you are coyote hunting during night season then? No loaded chambers ever in the vehicle for me, makes it eassier. 

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Now it sounds like there is some dispute regarding this topic, an Attorney General has been asked to weigh in.  There has been confusion amongst lawmakers and law enforcement.

Don't practice until you get it right, practice until you can't get it wrong.

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A revolver is concidered loaded if it has rounds in the cylinder. Semi Autos are only considered loaded if there is one in the chamber.  Yes the law does not allow carrying in a motor vehicle loaded as written unless you have the CCW.  A Sheriff's officer was interviewed on TV about it and that is what he said.

   You aren't going to get away with saying you are coyote or gopher hunting unless you are found in the correct circumstances.  If you are stopped while driving down the highway or in town for instance it won't work.