North Dakotans: Action time again!!!

[Nickotym]

Nodaks:

Time has come to ask the state legislators to introduce a bill to remove our public gathering restrictions:

New material is underlined.

A Bill to amend and reenact Section 62.1-02-05​

SECTION 1. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is amended and reenacted as follows:

62.1-02-05. Possession of a firearm at a public gathering – Penalty
Application

1. A person who possesses a firearm at a public gathering is guilty of a Class B misdemeanor. For the purposes of this section, “public gathering” includes
athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, and individuals in publicly owned parks where hunting is not allowed by proclamation and
publicly owned or operated buildings.

2. This section does not apply to law enforcement officers; members of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations, when on duty; competitors participating in organized sport shooting events; gun and antique shows; participants using blank cartridge firearms at sporting or theatrical events; any firearms carried in a temporary residence or motor vehicle; students and instructors at hunter safety classes; persons authorized to carry a concealed weapon in the state of North Dakota, according to section 62.1-04-03 of ND Century Code; or private security personnel while on duty.

3. This section does not prevent any political subdivision from enacting an
ordinance which is less restrictive than this section relating to the possession of firearms at a public gathering. Such an ordinance supersedes this section within the jurisdiction of the political subdivision.

Please send this in email or written letter to your state legislators, both senators and representatives. Potential talking points are outlined below. Please be respectful and try to get the point across that we don't feel ND is dangerous, but it is better to have choices for defense. Unfortunately, shortly before most of the incidents in schools and churches, no one ever thought attacks would happen at THEIR school or church.

Another point is that many other states have no such restrictions and have few problems with CCW in the areas that are considered public gatherings in ND.

I will be emailing my legislators in the next few days. Your legislators email and snail mail address can be found at http://www.legis.nd.gov/assembly/61-2009/ under Senate or House of Representatives in the sidebar on the left. As soon as committees are set, I will list the most important people to contact. The deadline for introducing bills is essentially Jan 8, after this date noone may introduce more than 5 bills each.


Talking Points:
+Many other states do not have public gathering restrictions
+CCW Permit holders have been through background checks
+Public gathering restrictions have the potential to disrupt daily schedules, in order to stay legal one has to disarm in order to pick up children from school or church activities
+Legal CCW permit holders who can carry most everywhere else are not able to carry legally while attending college classes and activities.
+While ND has had no church or school shootings in recent history, neither had any of the other localities before their incidents (eg.: Virginia Tech, Colorado churches last year, etc.)
+Several church and school shootings were stopped when civilians were able to retrieve their guns from storage and confront the gunman, legally carried pistols could do so much more quickly.

 

[Nickotym]

Representatives Porter, Carlisle, Klemin, S. Meyer; Senators Holmberg, Potter were the ones who sponsored the Deadly Force and limitation of liabilty law that passed last session( House Bill 1319) They would be good ones to start with.

Holmberg(R district 17) and Potter(D district 35) were not up for reelection this cycle. Porter(R district 34) and Shirley Meyer(D district 36) got reelected, Carlisle(R district 30) got replaced by another R, Klemin(R district 47) was not up for reelection.

 

[Nickotym]

I emailed my reps, and Porter, Klemin, Dekrey and Holmberg.

Here is the text of what I sent to them.

I respectfully ask all of you to consider introducing the legislation below in support of gun rights in ND. I have written to some of you in past legislative sessions and again come to you for your support.

I do not ask you to introduce this bill out of fear or paranoia, but rather in the interest of expanding our right to keep and bear arms in North Dakota. At present ND law restricts responsible, law abiding North Dakotans from concealed carrying their lawfully owned handguns in what is defined as public gatherings. As you know, public gatherings are defined as "athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, and individuals in publicly owned parks where hunting is not allowed by proclamation and publicly owned or operated buildings." Many other states have no such restrictions and have no incidents with CCW holders carrying in these places. College students who are legal to protect themselves almost everywhere else cannot do so in the place they spend most of their time. Utah has had no issues since they allowed students who have permits to carry at their colleges or universities. In Colorado a couple of years ago, a permit holder was able to wound and stop the man who had killed a couple of people at a church and killed two others earlier that day at another church. I don't think any incidents like this are imminent in North Dakota, but neither did the residents of other states where church and school attacks occurred.

Below is the text of the bill to consider:

New material is underlined.

A Bill to amend and reenact Section 62.1-02-05

SECTION 1. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is amended and reenacted as follows:

62.1-02-05. Possession of a firearm at a public gathering ? Penalty

Application

1. A person who possesses a firearm at a public gathering is guilty of a Class B misdemeanor. For the purposes of this section, "public gathering" includes athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, and individuals in publicly owned parks where hunting is not allowed by proclamation and publicly owned or operated buildings.

2. This section does not apply to law enforcement officers; members of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations, when on duty; competitors participating in organized sport shooting events; gun and antique shows; participants using blank cartridge firearms at sporting or theatrical events; any firearms carried in a temporary residence or motor vehicle; students and instructors at hunter safety classes; persons authorized to carry a concealed weapon in the state of North Dakota, according to section 62.1-04-03 of ND Century Code; or private security personnel while on duty.

3. This section does not prevent any political subdivision from enacting an ordinance which is less restrictive than this section relating to the possession of firearms at a public gathering. Such an ordinance supersedes this section within the jurisdiction of the political subdivision.
Thank you for your time,

Nickotym,
My town, ND

 

[Mr. Greg]

Looks great!

The only problem is, without a provision to mandate that schools do not have a right to supersede this law, students at colleges could be punished academically for carrying concealed weapons on campus.

While I would be in favor of such a provision being included in an amendment, I believe that it would be seen as too "radical" to get this bill through, and would prefer that provision to be addressed after this bill would be passed.

We have a meeting of UND SCCC tonight, actually, and I'll make sure this is on the agenda of things to talk about. Good timing!

 

[Nickotym]

Just got an email from Duane DeKrey that he is having a bill drafted. Keep your ears on for more info.

 

[outerlimit]

That is outstanding news!!!!

 

[PlainsmanND]

Im onboard with this. Our sister state MN does not have the public meeting limitations or the alcohol establishment laws. From what I gather in ND if a location sells alcohol you also cannot CCW.


http://web.apps.state.nd.us/hubexplorer/legislativedist/viewer.html
http://www.legis.nd.gov/assembly/60-2007/house/members/district.html

This is what I found for the Fargo area list of representatives and their respective district.

22 Wesley R. Belter
13 Kim Koppelman
27 Lee Myxter & Randy Boehning
41 Al Carlson
46 Kathy Hawken
11 Mary Ekstrom
21 Jasper Schneider
45 Rick Berg
44 Donald L. Clark

 

[Heraclid]

Not likely, but anyone familiar with Wishek, ND?

 

[mwsfarm]

contacted my reps

Nickotym

hope you don't mind me cutting and pasting from your post, I just sent an email to Rep Skarphol and Rep Rust from District 2, asking them to introduce or co-sponsor this. I alluded that i had heard that Rep DeKrey was going to draft a bill on this, any updates?

also emailing buddies and asking them to contact their Senators and Reps.

took me a while to find your post, had been thinking about doing it today.

thanks for your work, hope we can get it passed.

mark

 

[Communism_is_cool]

22 Wesley R. Belter
13 Kim Koppelman
27 Lee Myxter & Randy Boehning
41 Al Carlson
46 Kathy Hawken
11 Mary Ekstrom
21 Jasper Schneider
45 Rick Berg
44 Donald L. Clark

Now I have a new list of who to focus my North Dakotan efforts on, thanks much.

 

[Communism_is_cool]

My bad, I'm sorry for dubbl posting.

 

[MT GUNNY]

I went to a Three gun Match in ND once, Great time had lots of fun. If there is any thing a Montanan can do let me know.

 

[Nickotym]

Not likely, but anyone familiar with Wishek, ND?

Good livestock auction down there.

Still waiting for the session to start. Will let everyone know when to contact reps. Can't hurt to do so now, but mention that Dekrey may be introducing it.

 

[PlainsmanND]

Nick any updates on the draft of the Bill?

 

[PlainsmanND]

I should correct my post but it seems I cant edit.

District 22 Senate
Gary A. Lee

District 22 House
Wesley R. Belter
Vonnie Pietsch

Here is a map from the ND site for the Fargo area.
http://www.legis.nd.gov/assembly/58-2003/maps-new-district/far.pdf

Representatives
http://www.legis.nd.gov/assembly/61-2009/house/members/district.html

Senate
http://www.legis.nd.gov/assembly/61-2009/senate/members/district.html

 

[Nickotym]

Just waiting to hear from Dekrey. Will probably be no action until legislature actually starts on Jan 6,2009.

 

[MT GUNNY]

The Paragraph listed as #1 , is a direct response to the DOI lifting Regs on federal Parks. I hope you guys are successful

 

[Nickotym]

Shoud have a bill number tomorrow.

I will be checking the state legislature site tomorrow and will let all know when we have a bill number. At that time it will be appropriate to write or call your legislators to ask them to cosponsor.

 

[Nickotym]

Nothing today, they just had the state of the state address. I will check back tomorrow.

 

[Nickotym]

I got an email from Duane DeKrey today stating the bill is drafted, but not submitted yet. It would probably be a good time to start asking your ND House representatives to cosponsor this bill when DeKrey does introduce it. Please start emailing them or talking to them. Use something similar to my letter above with an indication that DeKrey is planning to introduce this.

Your representatives can be found here http://www.legis.nd.gov/assembly/61-2009/house/members/.

 

[Mr. Greg]

Great news, and I thank you for all of your work on this, Thomas!

We'll be having our first UND SCCC Meeting of the semester on January 20th, and this will be the first item on our agenda. Let's get this passed!

 

[Mr. Greg]

DeKrey's bill is live!

ND Legislature Page:http://www.legis.nd.gov/assembly/61-2009/bill-actions/ba1348.html

Full Text of Bill (Downloadable PDF): http://www.legis.nd.gov/assembly/61-2009/bill-text/JBGK0100.pdf

----------------------- Page 1-----------------------

90626.0100

Sixty-first

Legislative Assembly HOUSE BILL NO. 1348

of North Dakota

Introduced by

Representatives DeKrey, Damschen, Uglem, Weisz

Senators Lyson, Wanzek

1 A BILL for an Act to amend and reenact sections 62.1-02-04 and 62.1-02-05 of the North

2 Dakota Century Code, relating to the possession of a firearm or dangerous weapon by a person

3 licensed to carry a concealed weapon.

4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

5 SECTION 1. AMENDMENT. Section 62.1-02-04 of the North Dakota Century Code is

6 amended and reenacted as follows:

7 62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment

8 or gaming site prohibited - Penalty - Exceptions. Any person An individual who enters or

9 remains in that part of the establishment that is set aside for the retail sale in an establishment

10 engaged in the retail sale of alcoholic beverages or used as a gaming site while in the

11 possession of a firearm or dangerous weapon is guilty of a class A misdemeanor. This section

12 does not apply to:

13 1. A law enforcement officer.

14 2. The proprietor.

15 3. The proprietor's employee.

16 4. A designee of the proprietor when the designee is displaying an unloaded firearm

17 or dangerous weapon as a prize or sale item in a raffle or auction.

18 5. Private security personnel while on duty for the purpose of delivering or receiving

19 moneys used at the liquor establishment or gaming site.

20 6. An individual licensed under 62.1-04-03 unless in that part of an establishment

21 engaged in the retail on sale of alcoholic beverages.



22 SECTION 2. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is

23 amended and reenacted as follows:

24 62.1-02-05. Possession of a firearm at a public gathering - Penalty - Application.

Page No. 1 90626.0100
----------------------- Page 2-----------------------

Sixty-first

Legislative Assembly

1 1. A person who possesses a firearm at a public gathering is guilty of a class B

2 misdemeanor. For the purpose of this section, "public gathering" includes athletic

3 or sporting events, schools or school functions, churches or church functions,

4 political rallies or functions, musical concerts, and individuals in publicly owned

5 parks where hunting is not allowed by proclamation and publicly owned or

6 operated buildings.

7 2. This section does not apply to law enforcement officers; members of the armed

8 forces of the United States or national guard, organized reserves, state defense

9 forces, or state guard organizations, when on duty; competitors participating in

10 organized sport shooting events; gun and antique shows; participants using blank

11 cartridge firearms at sporting or theatrical events; any firearms carried in a

12 temporary residence or motor vehicle; students and instructors at hunter safety

13 classes; or private security personnel while on duty. In addition, a municipal court

14 judge licensed to practice law in this state, a district court judge, and a retired North

15 Dakota law enforcement officer are exempt from the prohibition and penalty in

16 subsection 1 if the individual is otherwise licensed to carry a firearm under section

17 62.1-04-03 and maintains the same level of firearms proficiency as is required by

18 the peace officers standards and training board for law enforcement officers. A

19 local law enforcement agency shall issue a certificate of compliance under this

20 section to an individual who is proficient.

21 3. This section does not apply to an individual licensed to carry a firearm under

22 section 62.1-04-03 unless that individual is on the real property comprising a public

23 or nonpublic elementary, middle, or high school.

24 4. This section does not prevent any political subdivision from enacting an ordinance

25 which is less restrictive than this section relating to the possession of firearms at a

26 public gathering. Such an ordinance supersedes this section within the jurisdiction

27 of the political subdivision.

Page No. 2 90626.0100

To be completely honest...I can't understand the legalese in the first Amendment, pertaining to liquor establishments. It seems like the law & Amendment reads "Here's the law, here's a new exception, but the exception has an stipulation to it...which seems to void the new exception altogether."

Of course, the second Amendment in the bill is exactly what we were looking for! I particularly like the language excluding the primary and secondary schools, as it shows we are willing to compromise (I'd say it was a "common sense" compromise, but I hate how that's become the leading gun-control buzz phrase).

EVERYONE needs to contact their representatives and make sure they get this bill through! This will be UND SCCC's main focus during the school year, and I'll be contacting everyone I know to get enough people behind this!

 

[Nickotym]

Thanks for the heads up Greg. Everyone start talking to their reps asking them to support this.
Refer to Bill 1348 and ask them to cosponsor and support this bill.

 

[Nickotym]

Getting a little press, the ball is rolling.

http://www.bismarcktribune.com/articles/2009/01/15/news/local/174049.txt

Bill loosens concealed weapons law


Jan 15, 2009 - 04:05:27 CST
By BRIAN DUGGAN
Bismarck Tribune
North Dakotans with concealed weapon permits could be able to take their guns to public gatherings and buildings such as political rallies and universities if a bill successfully passes through the Legislature this session.

The current law prohibits all dangerous weapons from gaming establishments, public gatherings such as sporting events and publicly owned buildings and parks. The new bill would change that, with the exception of elementary and secondary schools and areas where liquor is sold.

Rep. Duane DeKrey, R-Pettibone, introduced a bill that relaxes the restrictions on concealed weapons. Five other lawmakers are sponsoring the bill.

"What better place to take a gun and shoot up a place than a college campus because nobody has a weapon because we said they can't have a weapon," DeKrey said, referring to the 2007 Virginia Tech shooting that left 32 people dead.

Pat Seaworth, general counsel for the State Board of Higher Education, said the board has not taken an official position on the legislation yet, adding that if the bill's intent is to bring guns onto college campuses, then it could conflict with campus polices already in place.

"The Board of Higher Education, under the constitution, has the authority to adopt rules governing such matters on college and university campuses," Seaworth said. "And most, if not all, of our institutions have adopted policies regarding weapons on campuses."

The idea to loosen concealed weapon restrictions stems from a Cooperstown chiropractor who contacted lawmakers about submitting the bill.

"North Dakotans are no more dangerous in a church, park or college campus than they are walking down the street," said Thomas Nicolai, 36, who asked that the bill be introduced. "Unfortunately, people who would seek to do harm to others in these areas do not respect the law."

He said the bill's intent is to allow people who are licensed to carry concealed weapons to public gatherings such as church functions and concerts as well as university campuses.

The bill has been forwarded to the Government and Veteran Affairs Committee. No hearing date is scheduled.

Lawmakers also will mull another bill that would allow guns in publicly owned parks where hunting is not allowed.

Rep. Karen Karls, R-Bismarck, who is sponsoring the bill, said the U.S. Interior Department is already loosening policies that restrict weapons in national parks.

The bill has been referred to the Political Subdivisions Committee. No hearing date is scheduled.

The measures are HB1348 and HB1389.

(Reach reporter Brian Duggan at 223-8482 or [email protected].)

HB1389 would remove parks from the public gathering restrictions.

 

[mwsfarm]

HB 1348 was also the main topic today on the Joel Heitcamp show, really sounded to me like Joel was in favor of it passing. DeKrey was interviewed, lots of calls, almost all were positive. I did not catch the whole show, but a lot of the discussion that I did hear centered on the public distaste for open-carry.