North Dakotans: CCW changes in upcoming legislature

[Nickotym]

I submitted the following pieces of legislation to my District 23 representatives today. One of them is a pro 2nd amendment fellow and the other 2 are just new this term. They are still organizing and I believe the session starts in the middle of January or so. I would like to see others write their representatives and ask them to cosponsor this legislation or introduce it if mine won't. One is a bill to remove the public gathering restrictions on CCW holders, the other is a bill to go Missouri style on reciprocity, granting reciprocity to any state that has a permit process. (This doesn't cover Vermont, may have to come up with something for them.) In the bills underlining indicates new language and Italics indicates language to be removed.


AN ACT to amend and reenact section 62.1-02-05 of the North Dakota Century Code,
relating to possession of a firearm at a public gathering.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

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.

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; or private security personnel while on duty.

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.

 

[Nickotym]

Reciprocity bill

AN ACT to amend and reenact section 62.1-04-03.1 of the North Dakota Century Code,
relating to reciprocity of concealed weapons permits.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 62.1-04-03.1 of the North Dakota Century Code is amended and reenacted as follows:

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.

 

[Nickotym]

Action Items:

When I hear back from all of my reps, I will let you know if we need to find someone to introduce the bill. At that time I will post a sample letter asking for support and if needed, the legislation so we can contact other legislators to get it introduced.

Keep watching!

 

[LAR-15]

Awesome work!

 

[Eagle103]

Good job. I'm in the process of getting my Utah permit right now, mostly for trips I make to Fargo. Hopefully it works out.

 

[Nickotym]

UPDATE & ACTION TIME

I just spoke with my legislator today. He is going to Bismarck for some organizational meetings and will be taking the info I gave him on states that allow carry in some of the "public gathering" places: 34 states allow carry in churches and 6 allow carry in schools. Had a good chat about the deterrence effect of CCW and the permitting process in ND.

He will be talking with some of the other legislators about these bills and specifically mentioned Don? Dietrich from GF as being good on gun issues.

At this point a quick email to your legislators letting them know you are interested in these issues would be good. Just let them know to talk to Don Vigesaa or Don Dietrich for information about it. Neither bill has a name or numbe yet so talk to them about removing "public gathering" restrictions and opening up reciprocity.

Thanks all North Dakotans and those who may travel here.

 

[Firethorn]

Nickotym, greetings from another resident of North Dakota. I actually managed to prod ND into recognizing Colorado's license.

As for the Reciprocity post, did you mean deleting the italized words? I happen to agree with that, as it's a stickler for other states that require ND to recognize their permit before they'll recognize ND's permit. Then it becomes a chicken-egg one-up match.

As for vermont, well, they can get a permit from any other state and it'll be effective. ND does issue non-resident permits, and recognizes many out of state permits, and would recognize all of them under the new system. I'd prefer to go vermont style completely before simply allowing only vermont state residents to carry without a permit(disqualifiers from possessing a gun aside).

Which county are you in? I'd like to send copies to my representatives.

edited for clarity

 

[Nickotym]

I am in District 23.

As for the reciprocity one, yes the italicized words are to be eliminated.


Actually just this morning I told my legislator, Don Vigesaa aobut your work getting CO to recognize ND. Thanks again for your work on that one. I likened it to parents saying, "You can go over to Timmy's house, but I want him to come here first." and "You can go over to Tommy's house, but I want him to come here first."

 

[psyopspec]

I'm a student in Fargo now, but I grew up in Wahpeton. John Wall and Clark Williams, two of the legislators from that district, where educators in my highschool. The third is a newly elected Dem.

I'll call John and Clark and shoot an emial off to the new guy sometime this week. Since you brought this to light, I'll help you push for it, but keep in mind that the more "take" we push for, the more "give" will be asked of us. Also, I've found that the more politicians stay away from an issue, the less damage they can do to it. That said, I've got your back, and if anyone knows any of the legislators from further west, that might be a great source of support.

 

[Nickotym]

Psyopsec said:

Since you brought this to light, I'll help you push for it, but keep in mind that the more "take" we push for, the more "give" will be asked of us. Also, I've found that the more politicians stay away from an issue, the less damage they can do to it.

North Dakota still has a fairly strong Pro-gun stance in the legislature. I don't think we have any chances at going backward on CCW rights, even a lot of the Dems supported the changes made last time. Besides, if we don't try we have already failed.

Thanks for the support.

 

[Firethorn]

Besides, if we don't try we have already failed.

Very true.

Another way to look at it, with us pushing for expansions on CCW, it leaves the antis scrambling and spending effort trying to block us rather than push for their latest control measures.

To put it another way: Would we rather be on the offense, with a chance to win, on the Defense, with a chance to loose, or not even show up and forfeit the game? Cause the anti's wouldn't be staying home.

 

[Nickotym]

UPDATE 1-5-07

Just received the following email from my legislator:

Hi xxx,
I have discussed your proposed legislation concerning the ability for permit holders to carry their weapons to public gatherings with many fellow legislators. I am not finding support among the assembly. In fact, I just came from Attorney General Stenehjem's office where we discussed your proposal at length. He indicated this legislation would not have a chance of being enacted. With all of the information I now have, I'm going to respectfully decline your request to introduce this legislation. I hope you understand my position. As far as the reciprocity issue goes, I left that piece with the Attorney General. He wanted to visit with the Bureau of Criminal Investigation before he gave me an opinion on it. I'll contact you after he gets back to me.

If you have any questions, please contact me.

Sincerely,
Don

 

[Nickotym]

Sounds like he is still willing to do something about the reciprocity, but not the public gathering restrictions.

If you know of good pro-gun reps ask them if they are willing to introduce the public gathering bill. Even if we have to keep a few of the restrictions. I would like to see at least churches and public parks removed from the restrictions. I will email Don and see if he thinks that has a chance. Some of the leaders of the ND Shooting Sports Association thought these were worthwhile too, so maybe they can get behind them too.

 

[Nickotym]

Well, We tried, but no cigar.

Here is the email I got from my legislator this morning:

I'm sorry but I could not find any support for your legislation ideas. With regard to the reciprocity issue, the Attorney General and Bureau of Criminal Investigation like it the way it is now. It gives ND some leverage when we reciprocate with a state if they will reciprocate with us. They just don't want to open our state to every state that has CCW permits. That's how they interpreted your suggestion. Again, I'm sorry I couldn't introduce your ideas. It appeared there was virtually no chance for passage and when that is the case, I feel it is best to leave it lay for now.

If you happen to see him in public somewhere, be sure to thank my legislator, Don Vigesaa for considering this. I told him we would try again next time around.

Thanks for all that talked to their senators and representatives.

 

[LAR-15]

That stinks for you guys in ND.

He should submit them anyway and see what happens.

How could that hurt anything?

 

[psyopspec]

That stinks for you guys in ND.

He should submit them anyway and see what happens.

How could that hurt anything?

It would likely sit tabled in committee for the duration of the session. The last time the legislation was changed it was to do away with the practical exercise test when applying for a permit. That was relatively recent (2 years ago I think), and many of the legislators likely share the same views as mine - CCW law has been sufficiently revised for the time being.

As far as what harm it may do, remember, the more you stir poo, the more it stinks.

 

[LAR-15]

But expanding reiprocity in ND is good for everyone.

 

[psyopspec]

Right now the policy is "if ours is good for your state, yours is equally good in ours." Can't get much more fair than that.

 

[Firethorn]

psyopspec,

the problem is that our permit would actually be recognized in more states without the recipicality restriction than with it.

There's some one-upmanship with states with the same law that complicates matters.

 

[Nickotym]

psyopsec, the current policy isn't bad, but as Firethorn pointed out it has problems, even if minor. The way it is written now, ND can't do reciprocity another state unless the other state FIRST recognizes ND. Many other states also won't recognize ND unless we FIRST recognize them. In other words, no one wants to go first and this keeps some states from working together.