ND Constitutional Carry Bill Introduced

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,877
    WV
    Finally got the committee vote which was 12-0 for ConCarry. The article says the full house will vote on them early next week. Only downside is the bill was watered down with a ND residents only clause and a duty to inform clause (I'm assuming only if you carry w/o permit).

    BTW it's the second half of the article on ConCarry, the first is on another gun bill.

    http://bismarcktribune.com/news/loc...cle_920db810-a01a-5cd1-b77f-8fc884847c91.html
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    Finally got the committee vote which was 12-0 for ConCarry. The article says the full house will vote on them early next week. Only downside is the bill was watered down with a ND residents only clause and a duty to inform clause (I'm assuming only if you carry w/o permit).

    BTW it's the second half of the article on ConCarry, the first is on another gun bill.

    http://bismarcktribune.com/news/loc...cle_920db810-a01a-5cd1-b77f-8fc884847c91.html

    don't the states that pass cc for residents only chance it against the equal protection issue?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,877
    WV
    don't the states that pass cc for residents only chance it against the equal protection issue?

    Probably although at least WY and ID are open carry states. ND requires a permit for open and concealed so it may be a little bit different dynamic there.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,391
    Westminster USA
    i am guessing a non resident would have to file suit as a resident would not have standing.

    who's got that kind of money? Unless SAF or NRA jumps in.
     

    JC92

    Active Member
    Aug 1, 2012
    104
    MD
    don't the states that pass cc for residents only chance it against the equal protection issue?

    I believe our lawyers on this forum have explained before that the Equal Protection Clause requires "similarly situated" claimants and that "residents" and "non-residents" are not similarly situated. Therefore, there is no Equal Protection Clause violation.
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    I believe our lawyers on this forum have explained before that the Equal Protection Clause requires "similarly situated" claimants and that "residents" and "non-residents" are not similarly situated. Therefore, there is no Equal Protection Clause violation.

    why thank you for the kind reminder.


    noted
     

    traveller

    The one with two L
    Nov 26, 2010
    18,248
    variable
    is it north or south Dakota that if passed, the governor will likely veto?

    That was the SD governor.

    I don't believe Burgum has commented on the bill. 83:9 would be veto proof in the house. With crude prices still in the tank, he has bigger fish to fry than getting into a fight about this. Interestingly this was not a party-line vote. Some dems voted for it, some rural Rs against it.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,870
    I looked at the nuetered Con Carry, and I looked at the rest of ND carry related laws. And saw some things.


    Yeah, yeah , in the abstract pure Constitutional Carry is a high Ideal to strive for. But looking a the current state of affairs in ND, nuetered Con Carry wasn't the most important goal for the 2A forces.

    As it stands now, inexpensive, very simple Shall Issue for 18 & up . 4 or 5yrs ago, this would have been the good example for everyone else to strive for, in regards to licensing.

    But meanwhile:

    They suck about any carry or quasi-carry for non licensees. They would get great benefit from having some form of open carry, or at least car carry.

    They suck at restrictions of places. The "public gatherings" prohibitions takes in a whole lot of everyday life. Even their exceptions for Church Carry are way restrictive in themselves.


    They could do a lot better about non-residents. Too cought up in state vs state recognition pissing contests . They ought to recognize all other State's permits. Also too restrictive over which state's citizens they will allow to apply for ND non-res permits. They should allow all US citizens to apply.



    These are the 2A legislative goals that would have more real world benefits than nuetered Con Carry.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,248
    variable
    They suck at restrictions of places. The "public gatherings" prohibitions takes in a whole lot of everyday life. Even their exceptions for Church Carry are way restrictive in themselves.

    Not much of an issue. It used to be that you couldn't stop at a highway rest stop as it was a 'state facility', but that was done away with in the last legislative session in 2015. There is no statutory definition of 'public gathering' and as such the prohibition is toothless. Dont wave around a gun at a concert and nobody is going to care. Some of the restrictions are funny, you can go into a restaurant with a liquor license as long as you dont sit in the bar section.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,391
    Westminster USA
    It's not that uncommon actually. More than a few states allow carry in the restaurant area but not in the bar area if there is one.

    Example, VA doesn't actually have bars as we know them. Just restaurants that may or may not have a bar area.
     

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