Bill Summary – FastDemocracy

0641.01000
     Sixty-eighth
     Legislative Assembly                    HOUSE BILL NO. 1339
     of North Dakota
     Introduced by
       Representatives Koppelman, Cory, Henderson, Mock, Novak, M. Ruby
       Senators Boehm, Hogue, Larson, Meyer, Myrdal, K. Roers
  A BILL for an Act to amend and reenact sections 62.1-02-10, 62.1-03-01, 62.1-04-02,
  62.1-04-03, and 62.1-04-04 of the North Dakota Century Code, relating to carrying a loaded
  firearm in a vehicle, carrying a handgun, carrying a concealed firearm, a license to carry a
  concealed firearm, and producing a license upon request; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 62.1-02-10 of the North Dakota Century Code is
  amended and reenacted as follows:
      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
 an infraction. 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.
     4.   An individual who possesses a rifle or shotgun, is not in the field hunting or trapping,
          and possesses a valid concealed weapons license from this state or has reciprocity
          under section 62.1-04-03.1.
     5.   An individual in the field engaged in lawful hunting or trapping of nongame species or
          fur-bearing animals.
     6.   A security guard or private investigator properly licensed to carry firearms.
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      7.   An individual possessing a valid special permit issued pursuant to section 20.1-02-05.
      8.   An individual with a handgun who is not otherwise precluded from possessing a
           class 2 firearm and dangerous weapon license under chapter 62.1-04 and who has
           possessed for at least thirty dayspossesses a valid driver's license or nondriver
           identification card issued by the department of transportation or by the individual's
           state or territory of residence.
      9.   An individual who possesses a rifle or shotgun, is not in the field hunting or trapping,
           and is not otherwise precluded from possessing a class 2 firearm and dangerous
           weapon license under chapter 62.1-04 and has possessed for at least thirty
          dayspossesses a valid driver's license or nondriver identification card issued by the
          department of transportation or by the individual's state or territory of residence.
    SECTION 2. AMENDMENT. Section 62.1-03-01 of the North Dakota Century Code is
 amended and reenacted as follows:
    62.1-03-01. Carrying handgun - Limitations - Exceptions.
     1.   Unless otherwise prohibited by law, an individual may carry a handgun if the handgun
          is unloaded and in plain view or secured.
     2.   A limitation under subsection 1 does not apply to:
          a.   An individual possessing a valid concealed weapons license from this state, an
               individual not otherwise precluded from possessing a class 2 firearm and
               dangerous weapon license under chapter 62.1-04 and who has possessed for at
               least thirty dayspossesses a valid driver's license or nondriver identification card
               issued by the department of transportation, or by the individual's state or territory
               of residence, or an individual who has reciprocity under section 62.1-04-03.1.
          b.   An individual on that person's land, or in that individual's permanent or temporary
               residence, or fixed place of business.
          c.   An individual while lawfully engaged in target shooting.
          d.   An individual while in the field engaging in the lawful pursuit of hunting or
               trapping. However, nothing in this exception authorizes the carrying of a loaded
               handgun in a motor vehicle.
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           e.     An individual permitted by law to possess a firearm while carrying the handgun
                  unloaded and in a secure wrapper from the place of purchase to that person's
                  home or place of business, or to a place of repair or back from those locations.
            f.    Any North Dakota law enforcement officer.
           g.     Any law enforcement officer of any other state or political subdivision of another
                  state who possesses active law enforcement credentials.
           h.     Any armed security guard or investigator as authorized by law when on duty or
                  going to or from duty.
            i.    Any member of the armed forces of the United States when on duty or going to or
                 from duty and when carrying the handgun issued to the member.
           j.    Any member of the national guard, organized reserves, state defense forces, or
                 state guard organizations, when on duty or going to or from duty and when
                 carrying the handgun issued to the member by the organization.
          k.     Any officer or employee of the United States duly authorized to carry a handgun.
           l.    An individual engaged in manufacturing, repairing, or dealing in handguns or the
                 agent or representative of that individual possessing, using, or carrying a
                 handgun in the usual or ordinary course of the business.
          m.     Any common carrier, but only when carrying the handgun as part of the cargo in
                 the usual cargo carrying portion of the vehicle.
    SECTION 3. AMENDMENT. Section 62.1-04-02 of the North Dakota Century Code is
 amended and reenacted as follows:
    62.1-04-02. Carrying concealed firearms or dangerous weapons - License
 distinctions.
     1.   An individual, other than a law enforcement officer, may not carry a firearm or
          dangerous weapon concealed unless the individual is licensed to do so or exempted
          under this chapter.
     2.   An individual who is not otherwise precluded from possessing a class 2 firearm and
          dangerous weapon license under this chapter and who has possessed for at least
          thirty dayspossesses a valid driver's license or nondriver identification card issued by
          the department of transportation or by the individual's state or territory of residence
          may carry a firearm concealed under this chapter.
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      3.   An individual may carry a firearm concealed under this chapter if the individual
           qualifies for reciprocity under section 62.1-04-03.1 and the individual has the
           equivalent of a class 2 firearm and dangerous weapon license from the state in which
           the individual is a resident.
      4.   For purposes of this chapter, the difference between a class 1 and class 2 firearm and
           dangerous weapon license is only the extent to which a holder of either license may
           be eligible to receive reciprocal rights in other jurisdictions. A class 1 firearm and
           dangerous weapon licenseholder is eligible to receive reciprocal rights in more
           jurisdictions than a class 2 firearm and dangerous weapon licenseholder. The rights
          and privileges conveyed by a class 1 or class 2 firearm and dangerous weapon
          license within the state are identical.
    SECTION 4. AMENDMENT. Section 62.1-04-03 of the North Dakota Century Code is
 amended and reenacted as follows:
    62.1-04-03. License to carry a firearm or dangerous weapon concealed - Class 1
 firearm license and class 2 firearm and dangerous weapon license. (Contingent
 expiration date - See note)
     1.   The director of the bureau of criminal investigation shall issue a license to carry a
          firearm or dangerous weapon concealed upon review of an application submitted to
          the director if the following criteria are met:
          a.   The applicant is at least twenty-one years of age for a class 1 firearm license or
               at least eighteen years of age for a class 2 firearm and dangerous weapon
               license;
          b.   The applicant can demonstrate that the applicant is a resident of this state by
               providing a copy of a valid driver's license or state-issued identification card from
               this state that establishes personal identification through photographic means
               and shows the applicant's name associated with a valid residential street address
               in this state or the applicant possesses a valid driver's license or nondriver
               identification from the applicant's state or territory of residence that establishes
               personal identification through photographic means and shows the applicant's
               name associated with a valid residential street address and a valid concealed
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                weapons license from the applicant's state of residence, which state has
                reciprocity with this state under section 62.1-04-03.1;
           c.   The applicant is not an individual specified in section 62.1-02-01 and for a class 1
                firearm license the applicant:
                (1)   Has not been convicted of a felony;
                (2)   Has not been convicted of a crime of violence;
                (3)   Has not been convicted of an offense involving the use of alcohol within
                      three years prior to the date of application;
                (4)   Has not been convicted of a misdemeanor offense involving the unlawful
                     use of narcotics or other controlled substances within ten years prior to the
                     date of application;
               (5)   Has not been convicted of an offense involving moral turpitude;
               (6)   Has not been convicted of an offense involving domestic violence;
               (7)   Has not been adjudicated by a state or federal court as mentally
                     incompetent, unless the adjudication has been withdrawn or reversed; and
               (8)   Is qualified to purchase and possess a firearm under federal law;
          d.   The applicant has successfully completed the testing procedure conducted by a
               certified test administrator. The person conducting the testing may assess a
               charge of up to fifty dollars for conducting this testing. The attorney general may
               certify a test administrator based upon criteria and guidelines prescribed by the
               director of the bureau of criminal investigation;
          e.   The applicant satisfactorily completes the bureau of criminal investigation
               application form and has successfully passed the criminal history records check
               conducted by the bureau of criminal investigation and the federal bureau of
               investigation. The applicant shall provide all documentation relating to any
               court-ordered treatment or commitment for mental health or substance abuse.
               The applicant shall provide the director of the bureau of criminal investigation
               written authorizations for disclosure of the applicant's mental health or substance
               abuse evaluation and treatment records. The bureau may deny approval for a
               license if the bureau has reasonable cause to believe that the applicant or
               licenseholder has been or is a danger to self or others as demonstrated by
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                evidence, including past pattern of behavior involving unlawful violence or threats
                of unlawful violence; past participation in incidents involving unlawful violence or
                threats of unlawful violence; or conviction of a weapons offense. In determining
                whether the applicant or licenseholder has been or is a danger to self or others,
                the bureau may inspect expunged or sealed records of arrests and convictions of
                adults and juvenile court records; and
           f.   The applicant is not prohibited under federal law from owning, possessing, or
                having a firearm under that individual's control.
      2.   The attorney general shall offer class 1 firearm and class 2 firearm and dangerous
          weapon licenses to carry a firearm or dangerous weapon concealed under the
          following requirements:
          a.   An applicant for a class 1 firearm license shall successfully participate in a
               classroom instruction that sets forth weapon safety rules and the deadly force law
               of North Dakota, complete an open book test based upon a manual, demonstrate
               familiarity with a firearm, and complete an actual shooting or certified proficiency
               exercise. Evidence of familiarity with a firearm to be concealed may be satisfied
               by one of the following:
               (1)   Certification of familiarity with a firearm by an individual who has been
                     certified by the attorney general, which may include a law enforcement
                     officer, military or civilian firearms instructor, or hunter safety instructor;
               (2)   Evidence of equivalent experience with a firearm through participation in an
                     organized shooting competition, law enforcement, or military service;
               (3)   Possession of a license from another state to carry a firearm, concealed or
                     otherwise, which is granted by that state upon completion of a course
                     described in paragraphs 1 and 2; or
               (4)   Evidence that the applicant, during military service, was found to be
                     qualified to operate a firearm.
          b.   An applicant for a class 2 firearm and dangerous weapon license is required to
               successfully complete the open book test offered for the class 1 firearm license.
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           c.   A North Dakota resident who has a valid class 1 firearm license also may carry a
                class 2 dangerous weapon without any further testing required. Class 1 and
                class 2 permits are equally valid in this state.
           d.   Additional testing is not required to renew a class 2 firearm and dangerous
                weapon license. A class 1 firearm license may be renewed upon successful
                completion of the class 1 firearm requirements within thirty days before
                submission of the application for renewal.
           e.   An individual who has a valid class 2 firearm license may apply to upgrade to a
                class 1 firearm license within five years from the date the class 2 firearm license
               was issued and upon successful completion of the requirements under this
               chapter. An individual who has a valid class 1 firearm license may request to
               convert the license to a class 2 firearm license before the expiration of the class 1
               firearm license.
     3.   The director of the bureau of criminal investigation shall send by mail to a holder of a
          license a notice of the procedures for renewal of the license issued under this section.
          The director shall give the notice at least one hundred fifty days but not more than one
          hundred eighty days before the expiration of the license.
     4.   The bureau of criminal investigation is required to process the application and make a
          determination within sixty days of receipt of the properly completed application.
     5.   The fee for a concealed weapons license must be credited to the attorney general's
          operating fund. All fees must be paid before the license application may be processed
          by the director of the bureau of criminal investigation. The attorney general shall list
          the fees associated with the license, including the costs of the fingerprint-based
          federal criminal history record check, in the attorney general's administrative rules.
     6.   The director of the bureau of criminal investigation shall prescribe the form of the
          application and license, which must include the name, address, description, a
          photograph, and the signature of the individual. The application form must require
          sufficient information to properly conduct a criminal history record check and b