I also noted that paragraph three has no mention of elementary, middle, or high school which means that we would be able to carry in and around those buildings.
psyopspec said:DO NOT CARRY ONTO K-12 SCHOOL GROUNDS. ND law doesn't address it, but federal law makes it a no-no. Get caught doing this, and you will be arrested and prosecuted.
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school
zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or political subdivision requires that, before an
individual obtains such a license, the law enforcement authorities of the State or political subdivision verify
that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the
individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining
access to public or private lands open to hunting, if the entry on school premises is authorized by school
authorities.
SECOND READING OF HOUSE BILL
HB 1348: A BILL for an Act to amend and reenact section 62.1-02-05 of the North Dakota
Century Code, relating to the possession of a firearm at a public gathering.
ROLL CALL
The question being on the final passage of the amended bill, which has been read, and has
committee recommendation of DO PASS, the roll was called and there were 48 YEAS,
46 NAYS, 0 EXCUSED, 0 ABSENT AND NOT VOTING.
YEAS: Bellew; Belter; Berg; Boe; Boehning; Brandenburg; Carlson; Dahl; Damschen; DeKrey;
Delzer; Dosch; Frantsvog; Froelich; Grande; Headland; Karls; Kasper; Kelsch, R.;
Kelsh, J.; Kempenich; Kerzman; Klein; Klemin; Koppelman; Kreidt; Kretschmar;
Meier, L.; Meyer, S.; Nathe; Nelson; Pietsch; Pollert; Porter; Ruby; Rust; Schatz;
Schneider; Skarphol; Svedjan; Thoreson; Uglem; Vigesaa; Wald; Weiler; Weisz;
Wrangham; Speaker Monson
NAYS: Amerman; Boucher; Clark; Conklin; Conrad; Delmore; Drovdal; Ekstrom; Froseth;
Glassheim; Griffin; Gruchalla; Hanson; Hatlestad; Hawken; Heller; Hofstad; Holman;
Hunskor; Johnson, D.; Johnson, N.; Kaldor; Keiser; Kelsh, S.; Kilichowski; Kingsbury;
Kroeber; Martinson; Metcalf; Mock; Mueller; Myxter; Nottestad; Onstad; Pinkerton;
Potter; Schmidt; Sukut; Thorpe; Vig; Wall; Wieland; Williams; Winrich; Wolf; Zaiser
Dear Senator __________:
The original version of House Bill 1348 would have been a landmark step for North Dakota citizens who wish to legally protect themselves and their families. Currently, the estimated 13,000 to 15,000 North Dakotans that possess a permit to carry a concealed weapon (CCW) cannot utilize said permit in many places. All CCW permit holders would benefit from a uniform standard of CCW eligibility throughout the state. Law abiding citizens would no longer have to forgo the most efficient means of protecting themselves and their families while in a church, college, public park, or other publicly owned property.
Despite this bill clearly being about the rights of CCW permit holders, not just college students, the local media outlets turned this into a debate solely about the rights of CCW permit holders who are college students, and the amended version of HB 1348 reflects that. Eliminated completely from the bill are ANY AND ALL provisions that benefit CCW permit holders who happen to NOT reside in a college apartment in the state of North Dakota. Essentially, members of the Government and Veterans Affairs Committee, due to pressure from people affiliated with North Dakota Higher Education, amended the bill so that it solely affects college students and faculty. While the repealing of the ban on firearms in college apartments (such as the one enacted by UND in the summer of 2008) is certainly a victory, House Bill 1348 no longer affects the majority of CCW permit holders in North Dakota. Moreover, the bill does not at all impact the constituents who worked in conjunction with Representative DeKrey to author the bill prior to the legislative session.
North Dakota gun owners, especially CCW permit holders, are among some of the most law-abiding citizens in all of this great country. Crime rates amongst CCW permit holders nationally are much lower than those of the general public and in many places even lower than crime rates among police officers. Additionally, several members of North Dakota’s legislative body possess CCW permits. I urge you to cease the criminalization of law-abiding North Dakotans that wish to protect themselves and their families.
I would like to ask that you amend HB 1348 to return it to its initial purpose and maintain the protections offered to college students by the amended version passed by the House of Representatives.
Sincerely,
___________________
A BILL for an Act to amend and reenact section 62.1-02-05 of the North Dakota Century Code, relating to the possession of a firearm at a public gathering.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is amended and reenacted as follows:
1. A person who possesses a firearm at a public gathering is guilty of a class B
misdemeanor. For the purpose of this section, "public gathering" includes athletic
or sporting events, schools or school functions, churches or church functions,
political rallies or functions, musical concerts, and individuals in publicly owned
parks where hunting is not allowed by proclamation and publicly owned or
operated buildings.
2. This section does not apply to law enforcement officers; members of the armed
forces of the United States or national guard, organized reserves, state defense
forces, or state guard organizations, when on duty; competitors participating in
organized sport shooting events; gun and antique shows; participants using blank
cartridge firearms at sporting or theatrical events; any firearms carried in a
temporary residence or motor vehicle; students and instructors at hunter safety
classes; or private security personnel while on duty. In addition, a municipal court
judge licensed to practice law in this state, a district court judge, and a retired North
Dakota law enforcement officer are exempt from the prohibition and penalty in
subsection 1 if the individual is otherwise licensed to carry a firearm under section
62.1-04-03 and maintains the same level of firearms proficiency as is required by
the peace officers standards and training board for law enforcement officers. A
local law enforcement agency shall issue a certificate of compliance under this
section to an individual who is proficient.
3. This section does not apply to an individual licensed to carry a firearm under
section 62.1-04-03 unless that individual is on the real property comprising a public
or nonpublic elementary, middle, high school, college or university.
4. This section does not apply to an individual licensed to carry a firearm under section 62.1-04-03 when that individual is on the real property comprising a state or private institution of higher education and that individual is on real property that is a dwelling unit or that unit's related parking and shared space. In addition, this section does not apply to an individual with a valid general game license issued by this state or who has successfully completed hunter education in this state or any other state or province, when that individual is on the real property, comprising a state or private institution of higher education and that individual is on the real property that is a dwelling unit or that unit's related parking and shared space. As used in this subsection, dwelling unit does not include a dormitory.
5. This section does not prevent any political subdivision from enacting an ordinance
which is less restrictive than this section relating to the possession of firearms at a
public gathering. Such an ordinance supersedes this section within the jurisdiction
of the political subdivision.