NRA Advisory Notice Concerning North Dakota Permitless Carry Law

On August 1, 2017, North Dakota’s Permitless Carry or “Constitutional Carry” law went into effect. HB 1169 created an exception for permitless carry in the North Dakota Century Code for a resident of the state who would otherwise qualify for a Class 2 Concealed Weapons License, and who has possessed for at least one year a valid driver's license or non-driver identification card issued by the state department of transportation.  

This week, a question was raised to whether or not this extends to the carrying of a loaded firearm in a vehicle.  North Dakota law allows the carrying of a loaded firearm in a vehicle in certain circumstances – for example, as listed in N.D. Cent. Code § 62.1-02-10, which applies to persons with a valid Concealed Weapons License, and others.  

After a review of the new statute, and given an uncertainty in the law, legislators and state officials are working diligently to clarify this issue.  Representative Todd Porter, Senator Kelly Armstrong, and other legislators are requesting an official opinion from the North Dakota Attorney General. 

Until an official opinion is provided, your NRA is recommending that those residents planning to rely on the new permitless carry law not carry a loaded firearm in a vehicle unless it complies with other provisions of North Dakota law and specifically, § 62.1-02-10. Those utilizing the new permitless carry provision can still carry a concealed firearm elsewhere in public, in accordance with North Dakota Century Code Title 62.1 

The legislative intent of HB 1169 is to allow North Dakota residents who would otherwise qualify for a Class 2 license and who meet the requirements of HB 1169 to carry throughout the state as if they had a concealed weapons carry license. However, given the ambiguity regarding such persons carrying a loaded firearm in a vehicle under the new law, we advise caution until clarification is provided, hopefully in the very near future.

Please stay tuned for additional alerts and updates.  Additional information about the requirements of this law can be found on the Attorney General’s website.