Concealed Carry Permits In North Dakota Is Governed By A State Constitution
State constitutions generally govern the ability to obtain a Concealed Carry Weapons Permit, however, not all states require them. There are just a few states – like Arizona, Vermont, and Alaska – which include what’s called “constitutional carry” laws in their legal structure, and a permit is not required to carry a concealed firearm. There are other stipulations within constitutional carry, however, that demand that anyone carrying a concealed weapon identify it when in contact with any Peace Officer. Failure to do so can result in felony charges being filed. Make sure you know the laws in North Dakota.
Do you know the laws where you live in North Dakota, you may be able to take advantage of the streamlined application process that exists within “Shall Issue” states. The standard approval process usually includes a background check, one or more required classes, qualification with your firearm (safety and marksmanship), and paying the required fee. Currently, Utah, Nevada, and Florida are the easiest states to obtain a Shall Issue CCW.
While obtaining a Concealed Carry permit requires an application for most citizens, even when acquiring one, it doesn’t mean that it is free from restrictions. For instance, in North Dakota you may only be allowed to carry a revolver rather than a semi-automatic pistol, or you may only be allowed to carry a specific caliber of firearm. Additionally, you may have to undergo testing for proficiency regarding weapon safety and marksmanship, and in some instances, your CCW permissions may be limited to the county or city where the permit was issued. Where proficiency testing does occur, it usually happens on either an annual or semi-annual basis.
There are three types of Concealed Carry in States, Shall Issue, May Issue, and Constitutional Carry
Although some issuers of CCWs are not as strict as others, acquiring a CCW in North Dakota may not be an easy process. There are “Shall Issue” states and “May Issue” states, ( and Constitutional Carry which do not require any permit) and if your state happens to be a “May Issue” state, then the local authorities are generally given discretion as to whether they believe it should be issued or not. However, no matter which type of issuance your state’s laws command, you will still have to go through a lengthy application process. In most locales, this means a long application requiring extensive information, some may also require a convincing letter that provides justification for your need of a Concealed Carry permit, and possible an oral interview as well.
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The North Dakota State Constitutional Provision States: “All individuals . . . have certain inalienable rights, among which are . . . to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.”
North Dakota is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for five years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle.
North Dakota does not require a license to purchase a handgun. You may openly carry an unload weapon without a permit during the day, unless you have a concealed weapons permit, in which case you may openly carry loaded weapons during the day or night.
Interesting law in North Dakota: North Dakota allows employees to sue their employers for damages if asked about gun possession. The North Dakota statue specifically bars employers from asking if employees’ vehicles parked on company property have weapons in them!
Local governments in North Dakota generally lack authority to regulate firearms and ammunition, and North Dakota affords local law enforcement some discretion in issuing concealed carry licenses.
North Dakota is a shall-issue state; authorities are required to issue a concealed carry permit to qualified applicants. Unlike many states, where the minimum age for receiving a permit is 21, North Dakota requires permit holders to be at least 18. The state also requires a written exam and a background check. Application is made through the local Sheriffs and Police departments, for applicants living within a city limits.
Open carry is generally restricted in North Dakota; loaded weapons cannot be carried except by those with a concealed carry permit. The state does have a preemption law that prevents municipal or county governments from enacting gun laws more restrictive than state law, and also has a law protecting firing ranges.
US Precision Defense offers a members only section, a woman’s section, an on-line store, reciprocity maps and much more!
April, 2013; important self-defense legislation, was signed into law. HB 1283, allows concealed weapons permit (CWP) holders to carry their lawfully possessed firearms in a church building or other place of worship with permission from the primary religious leader. This legislation passed in the state Senate by a 28-17 vote and in the state House by a 82-11 vote.
In 2007, North Dakota enacted a self-defense law based on the castle doctrine. Within one’s home, vehicle or place of business, the law has a “stand-your-ground” clause that permits the use of deadly force against persons breaking in without a duty to retreat. The law, which was lobbied for by the National Rifle Association, provides immunity to persons who use deadly force in such situations.
NYC Mayor Michael Bloomberg’s latest anti-gun campaign targets North Dakota, among many other states, and Democratic Sen. Heidi Heitkamp isn’t happy about it. The reason? North Dakota has one of the highest rates of gun ownership in the country and the lowest gun crime rate in the nation. “As the former attorney general of North Dakota, I do not need someone from New York City to tell me how to handle crime in our state,” Heitkamp said. “I know that we can go after and prosecute criminals without the need to infringe upon the Second Amendment rights of law abiding North Dakotans.”
For those in North Dakota who want to purchase a firearm, the process is fairly straightforward if they are eligible to own one. North Dakota follows federal guidelines and the state doesn’t have specific laws related to gun purchases.
2013, The North Dakota legislature will soon be considering several bills concerning guns, most of them having to deal with a person’s right to own and carry firearms. House Majority Leader Al Carlson says he supports that effort. Carlson says that President Obama does not want an armed citizenry and says he would like to see more effort put into changing social behaviors and mental health screenings.
North Dakota is known for its strong support of the second amendment. The state has a high gun to population ratio and also has a very low incident of violent crimes. US Precision Defense has a complete database of firearms instructors, Shooting ranges, Gun Smiths and state self-defense laws.