ND "Home Rules"

[Leverb66]

I have friend that works in LE in the city of Fargo. The city has an ordinance that makes open carrying illegal within city limits -

Fargo city ordinace - 10-0304. Carrying, possession, discharge of dangerous weapons.—
A. No person, except as authorized by law, shall carry concealed about his
person firearms of any description, any electronic stun gun or similar device
designed to deliver an electronic charge or shock, or any sharp or dangerous
weapon such as is usually employed in attack or in defense of the person.
B. Except as otherwise authorized by law, it also shall be unlawful for any
person to carry or have in his possession upon the streets, alleys, or in any
public place within the limits of the city any gun, firearm, air gun, stun gun or
similar electronic device designed to deliver an electronic charge or shock,
slingshot, bow, bow and arrow, or other similar device, unless the same shall
be enclosed in a case regularly provided therefor or securely wrapped in such
a manner as will not permit of the firing or discharging of the same.

The state says :
62.1-01-03. Limitation on authority of political subdivision regarding firearms. No
political subdivision, including home rule cities or counties, may enact any ordinance relating to
the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and
ammunition which is more restrictive than state law. All such existing ordinances are void.

My friend says the ND century code doesn't apply or prevent the city from enforcing the open carry city ordinance. It seems a bit grey to me, the state issued concealed carry permit allows for open carry. My friend discussed with the city police officers, they indicated no matter ccp or not open carry in Fargo will result in arrest. I'm curious as to other opinions.

 

[scoobydoo1234]

I live in Fargo as well. As I read Section B of this ordinance, it says 2 things to me:

1. unless otherwise authorized by law
This is leading me on a search to see where it permits Law Enforcement officers to openly carry. They're may not be following the ordinance unless my assumption of #2 holds true.

2. unless the same shall be enclosed in a case regularly provided therefor or securely wrapped in such
a manner as will not permit of the firing or discharging of the same.
Why doesn't a holster count? I can't fire my pistol while it's in the holster.

Maybe the law doesn't want us to carry a rifle or handgun or stun gun around town in hand.

The ND Century Code also states:
1. A handgun may be carried by a person not prohibited from possessing one by section 62.1-02-01 or any other state statute, in a manner not prohibited by section 62.1-02-10 if:
a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is carried unloaded and either in plain view or secured.
b. Between the hours of one hour after sunset and one hour before sunrise, the handgun is carried unloaded and secured.
2. The restrictions provided in subdivisions a and b of subsection 1 do not apply to:
a. Any person possessing a valid North Dakota concealed weapons license or a valid license issued by another state authorizing the person to carry a dangerous weapon concealed if that state permits a holder of a valid North Dakota concealed weapons license to carry a dangerous weapon concealed in that state without obtaining a similar license from that state.

ND Century Code allows "not" concealed as:
62.1-04-01. ...A firearm or dangerous weapon is not considered concealed if it is:
1. Carried in a belt holster which is wholly or substantially visible or carried in a case designed for carrying a firearm or dangerous weapon and which is wholly or substantially visible;

I would really like to pick a lawyers brain about some of these details.

 

[Leverb66]

2. unless the same shall be enclosed in a case regularly provided therefor or securely wrapped in such
a manner as will not permit of the firing or discharging of the same.
Why doesn't a holster count? I can't fire my pistol while it's in the holster.

I asked my friend this, and he said it would be an interesting arguement in court. I don't want to be the one to test it.