Please help me re-write the ND Reciprocity statement


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Firethorn
March 31, 2006, 07:21 AM
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.

The problem with this is that the state AG has used the wording of this to say that the other state has to go first. I know most people would prefer simple recognition of all other permits, but I'm working on an incremental basis.

How about tacking this on the end? "Also, If another state will recognize this state's permits if this state recognizes that state's permits by statute, this state will recognize that state's permits."

Or how about replacing the thing with "If the other state will allow our permit holders to carry without additional permit, our state will allow those eligible to carry in their state to carry here."

Depending on how you bend the law, that'd be instant alaska/vermont carry. :evil:

The reason for the thread:

Office of Attorney General
Wayne Stenehjem, Attorney General

I am responding on behalf of the Attorney General to your email. The Attorney General and his staff are prohibited by law from providing legal advice or legal assistance to members of the public or private businesses - we may only serve as legal advisors to state officials, state’s attorneys, and certain city officials. However, I can offer the following information:

At this time, North Dakota does not have concealed weapon reciprocity with Colorado because CO does not recognize North Dakota permits. North Dakota law requires that in order for another state's concealed carry permit to be recognized that other state first must recognize ND concealed carry permits. Therefore you may wish to contact the appropriate authority in Colorado to inquire about the process for CO to formally recognize ND's permits.

Liz Brocker
Executive Assistant/PIO
ND Office of Attorney General
(701) 328-2210
lbrocker@state.nd.us

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Nickotym
April 19, 2006, 11:32 AM
I agree this needs clarificiation. From a quick look it looks like ND would recognize WY but their law reads similarly. "You go first" doesn't work if both say the other has to be first. I am sure there are other states that would be similar.

Have you made any other headway on other states reciprocity?

Congrats on getting CO through for us!!

Need help writing letters, just PM me.

Nickotym
April 19, 2006, 11:38 AM
One more thought: Maybe we should push for the legislation to be changed so it is like Missouri where they recognize any permit that is valid.

Will be working on legislators soon to get public gathering prohibitions lifted too.

Clean97GTI
April 19, 2006, 11:50 AM
We really get stuck here in NV because the state doesn't issue our permits.
They are issued by the county of residence although valid statewide.

Some states accept the a NV permit but there is no real reciprocity with any other state because of how they are issued and the requirements for getting a permit here. NV accepts even fewer because of the requirements for getting such a permit.

Hawkmoon
April 19, 2006, 12:59 PM
It seems that many states have that kind of "who blinks first" language in there, and it does create a Catch-22 -- because if another state has the same or similar language, it is technically impossible for either to recognize the other even if they want to. Even simultaneous reciprocal recognition doesn't technically satisfy that language.

You are much better pursuing language that simply recognizes any permit lawfully issued by any other state, and forget reciprocity. It works for several states. Utah, I believe, is one and they're close to you.

States should not be engaging in infantile "I'll show you mine if you show me yours" games.

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