User talk:Anastrophe

Posts here will be archived after I read them.

North Dakota Open Carry

Hello, why exactly was my edits reverted? The requirement to possess a license to open carry in North Dakota was completely repealed in 2023. Thegunkid (talk) 02:23, 15 March 2024 (UTC)

Hi Thegunkid,

I explained the revert in my edit summary. The requirement may well have been repealed in 2023. You need to update the source the information is based on if so. The currently linked citation does not mention the repeal.

cheers. anastrophe, an editor he is. 02:25, 15 March 2024 (UTC)

The only issue is because North Dakota already passed constitutional [concealed] carry in 2017, no news article mention the repeal of the day-time ban on loaded open carry which was done in 2019 under HB 1293 as the bigger story was vehicle carry. That said, could I cite the video of legislative hearing where the representive who introduced HB 1293 explicitly states the bill removes the requirement to have a license to open carry? Thegunkid (talk) 03:15, 15 March 2024 (UTC)

That would almost work, but it doesn't verify that the legislation passed into law. Let me take a look around, maybe I'll find something. cheers. anastrophe, an editor he is. 03:20, 15 March 2024 (UTC)

Well I'm not exactly sure what to do as the page already cites to the current statute which has the following language.

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:
3. [...], An individual not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under chapter 62.1-04 and who possesses 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

Also it appears I was mistaken, the requirement to have a license to open carry for residents was repealed with constitutional carry in 2017, also I decided to look through the history of the law and established this timeline of changes to unlicensed carry in North Dakota

• Pre-2015 - Loaded Open carry at night only.
• 2015 - Permit required to carry loaded gun at night, unloaded Open Carry at night still allowed.
• 2017 - Constitutional carry for residents, non-residents can still open carry unloaded at night, 1 year residency for constitutional carry
• 2019 - Non-Residents can open carry unloaded 24/7, 30 day residency for constitutional carry
• 2023 - All residency requirements repealed for constitutional carry.

Thegunkid (talk) 04:44, 15 March 2024 (UTC)

The biggest problem is that it tends to only be advocacy groups - either pro-2a or anti-2a - that report these kinds of things. However, I did find the following: https://fastdemocracy.com/bill-search/nd/67/bills/NDB00004209/ - which should do the trick. I can add it or you'd like to that's fine as well. cheers. anastrophe, an editor he is. 03:25, 15 March 2024 (UTC)

I mean if the current statute isn't enough then we may actually need cite back to the original constitutional carry bill from 2017 as I mentioned I realized the only substantive change from the 2019 bill was removing the time restrictions on unloaded open carry for non-residents as it turns out under the 2017 constitutional carry bill it covered open carry for residents as well.

I'm perplexed reading about this that open carry hasn't required a permit [for residents] for nearly 7 years now yet nearly every source, NRA, Gliffords still states it requires a permit.

I think the confusion lies with the fact the official North Dakota Attorney General Page about constitutional carry only mentions concealed carry Thegunkid (talk) 05:23, 15 March 2024 (UTC)

It's incredibly confusing, I started down a rabbit hole trying to understand what's what, and just got more confused. Unfortunately I'm not at all well-versed in these matters, probably a byproduct of having lived my entire life in California! Honestly, a great many of these 'list of' types of articles on wikipedia are terribly prone to information 'decay', as laws change so often. I found this page, which considering the source should qualify as reliable, current, and authoritative:

https://attorneygeneral.nd.gov/public-safety/constitutional-concealed-carry/

I'd suggest rolling with that ahead of any other source. cheers. anastrophe, an editor he is. 05:33, 15 March 2024 (UTC)

Ha, I just reread what you wrote and you specifically mentioned that page. I think if we're going to rely on anything, that attorney general page is the best way to go until something better shows up. cheers. anastrophe, an editor he is. 06:34, 15 March 2024 (UTC)

Actually I just realized something, that is the the AG page specifically links to the 2017 AG opinion on vehicle carry (which dates this page to before 2019) that was issued due to the legislature overlooking that specific statute when they passed constitutional carry.

It is my opinion, that an individual’s valid driver’s license or sanctioned identification card is the equivalent of a “valid concealed weapons license” as required under N.D.C.C. § 62.1-02-10 with regard to what was previously only known as a class 2 concealed weapons license. Therefore, it is further my opinion that when an individual meets the qualifications for constitutional carry in North Dakota, a loaded gun may be stored in a vehicle but proper identification must be revealed to law enforcement upon a traffic stop or other in-person contact, as required in N.D.C.C § 62.1-04-04. This interpretation is consistent with the Legislature’s intent and accomplishes the statutes’ goals and objectives.

I'll go ahead and add this to the article now. Thegunkid (talk) 19:14, 15 March 2024 (UTC)