Bill Summary – FastDemocracy

0774.01000
     Sixty-seventh
     Legislative Assembly                    HOUSE BILL NO. 1293
     of North Dakota
     Introduced by
       Representatives Becker, Kasper, M. Ruby, Simons
  A BILL for an Act to amend and reenact subdivision l of subsection 2 of section 62.1-02-05,
  subsection 7 of section 62.1-02-10, and sections 62.1-03-01, 62.1-04-02, 62.1-04-03.1, and
  62.1-04-04 of the North Dakota Century Code, relating to handguns and carrying firearms or
  dangerous weapons concealed; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Subdivision l of subsection 2 of section 62.1-02-05 of the North
  Dakota Century Code is amended and reenacted as follows:
            l.    An individual possessing a valid concealed weapons license from this state or
                  who has reciprocity under section 62.1-04-03.1 authorizing the individual to carry
                 a firearm or dangerous weapon concealed, or who is not otherwise prohibited by
                 law from possessing a handgun, if the individual is in a church building or other
                 place of worship and has the approval to carry in the church building or other
                 place of worship by a primary religious leader of the church or other place of
                 worship or the governing body of the church or other place of worship;
     SECTION 2. AMENDMENT. Subsection 7 of section 62.1-02-10 of the North Dakota
 Century Code is amended and reenacted as follows:
     7.   An individual who is not otherwise precludedprohibited by law from possessing a class
          2 firearm and dangerous weapon license under chapter 62.1-04 and who has
          possessed for at least one year a valid driver's license or nondriver identification card
          issued by the department of transportationhandgun.
     SECTION 3. 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:
                                               Page No. 1                         21.0774.01000
     Sixty-seventh
     Legislative Assembly
           a.   The handgun is unloaded,concealed or in plain view or secured, and between the
                hours of one hour before sunrise and one hour after sunset.
           b.   The handgun is unloaded and secured and between the hours of one hour after
                sunset and one hour before sunrise.
      2.   A limitation under subdivision a or b of 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 one year a valid driver's license or nondriver identification card issued by
               the department of transportation, 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.
          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 if on official duty within this state.
          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.
                                                Page No. 2                        21.0774.01000
     Sixty-seventh
     Legislative Assembly
            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 4. 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 one
          year a valid driver's license or nondriver identification card issued by the department of
          transportation may carry a firearm concealed under this chapter.
     3. 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 5. 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.
     1.   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.
                                                Page No. 3                         21.0774.01000
     Sixty-seventh
     Legislative Assembly
      2.   This section may not be construed to require a person who is not otherwise prohibited
           by law from possessing a handgun to obtain a license to carry a handgun in plain view
           or secured.
     SECTION 6. AMENDMENT. Section 62.1-04-04 of the North Dakota Century Code is
  amended and reenacted as follows:
     62.1-04-04. Producing license upon request - Penalty.
      1.   Every individual while carrying a concealed firearm or dangerous weapon, for which a
           license to carry concealed is required, shall have on one's person the license issued
           by this or another state or a digital image of one's concealed firearm or dangerous
          weapon license issued by this state on an electronic device and shall give it to any
          active law enforcement officer for an inspection upon request by the officer. The failure
          of any individual to give the license or digital image of the license to the officer is prima
          facie evidence the individual is illegally carrying a firearm or dangerous weapon
          concealed.
     2.   Every individual carrying a concealed firearm under the authority granted in
          subsection 2 of section 62.1-04-02 shall inform a law enforcement officer of the
          individual's possession of a concealed weapon upon the initiation of a traffic stop or
          any other in-person contact initiated by a law enforcement officer.
     3.   Every individual carrying a concealed firearm under the authority granted in
          subsection 2 of section 62.1-04-02 must have on one's person a valid driver's license
          or nondriver identification card issued by the department of transportation or a digital
          image of one's valid driver's license or nondriver identification card on a mobile device
          and shall provide the license or card to any law enforcement officer for inspection
          upon request by the officer.
   4.3.   An individual who violates this section is guilty of a noncriminal offense punishable by
          a fee of twenty dollars.
                                               Page No. 4                          21.0774.01000
Statutes affected: 
INTRODUCED: 62.1-02-05, 62.1-02-10, 62.1-03-01, 62.1-04-02, 62.1-04-03.1, 62.1-04-04
Prepared by the Legislative Council staff for Representative Roers Jones: 62.1-02-10
FIRST ENGROSSMENT: 62.1-02-10, 62.1-03-01, 62.1-04-02
Enrollment: 62.1-02-10, 62.1-03-01, 62.1-04-02