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. The
term "public gathering" does not apply to a state or federal park.
Just an FYI for anyone considering open carry in ND. The ND Century code "62.1-02-05 Possession of a firearm at a public gathering - Penalty - Application" says that is it a class B misdemeanor to carry a firearm in at a public gathering and the definition of a public gathering is as follows:
As you can see, publicly owned (government owned buildings) or publicly operated (basically all stores and most service providers) are considered public gatherings and therefore you can not open carry nor concealed carry with a CCW at these locations. The Century Code does allow for local jurisdictions to over-ride this statute but I have not found anything in the Fargo statutes that over-rides it to allow it.
I live in Fargo ND, and I would like to OC. I have never seen anyone else (other than LE) OC in Fargo.
It there are any other Fargoian's who OC let me know.
Hi! I work in Grand Forks and I was wondering if someone can please tell me what is legal in North Dakota as far as OPEN carry goes. I get so much conflicting information and even the legal pages aren't clear. Please only reply if you Know For Sure. I sure don't want to end up in jail. I currently have the Utah CC Permit.
Thank You
Joe
Double D Barbershop
Grand Forks ND
Any person who enters or remains in that part of the establishment that is set aside for the retail sale in an establishment engaged in the retail sale of alcoholic beverages or used as a gaming site while in the possession of a firearm or dangerous weapon is guilty of a class A misdemeanor.
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. The term "public gathering" does not apply to a state or federal park.
Just an FYI for anyone considering open carry in ND. The ND Century code "62.1-02-05 Possession of a firearm at a public gathering - Penalty - Application" says that is it a class B misdemeanor to carry a firearm in at a public gathering and the definition of a public gathering is as follows:
As you can see, publicly owned (government owned buildings) or publicly operated (basically all stores and most service providers) are considered public gatherings and therefore you can not open carry nor concealed carry with a CCW at these locations. The Century Code does allow for local jurisdictions to over-ride this statute but I have not found anything in the Fargo statutes that over-rides it to allow it.
Hi! I work in Grand Forks and I was wondering if someone can please tell me what is legal in North Dakota as far as OPEN carry goes. I get so much conflicting information and even the legal pages aren't clear. Please only reply if you Know For Sure. I sure don't want to end up in jail. I currently have the Utah CC Permit.
Thank You
Joe
Double D Barbershop
Grand Forks ND
Sorry Im a little late.
The Century code states:
62.1-03-01. Carrying handgun - Restrictions - Exceptions.
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.
As far as I interperet this Subsection 2 subdivision a makes it legal for someone to OC fully loaded with a permit. If you dont have a permit you can OC unloaded.
Read through 62.1 of the century code. Helped me a lot. http://www.legis.nd.gov/cencode/t62-1.html
Fargo does have a city ordinance prohibiting OC within city limits. I have spoken with LE regarding this and you will be arrested if you are OC'ing in Fargo. Also you might try to tell me that the state has a preemptive statute, however I would suggest reading it very carefully before you make that arguement. Anyway if someone wants to get arrested and fight it, I will follow the case closely...I'm not ready to do that though.
I have been viewing this forum for a long time and after seeing this I decided to sign up and reply.
As far as Fargo ordinance goes the LE you spoke to is misinformed. Fargo ordinance clearly states that NO handgun can be open carried in public with in the city limits if it is not in a holster or in a gun case. So in other words you can not just carry it around it has to be holstered. Who was the Fargo LE you spoke with? I would like to have a chat with him regarding the laws of Fargo.
I have been viewing this forum for a long time and after seeing this I decided to sign up and reply.
As far as Fargo ordinance goes the LE you spoke to is misinformed. Fargo ordinance clearly states that NO handgun can be open carried in public with in the city limits if it is not in a holster or in a gun case. So in other words you can not just carry it around it has to be holstered. Who was the Fargo LE you spoke with? I would like to have a chat with him regarding the laws of Fargo.
Please share the link or text of the Fargo ordinance that says a holstered weapon is ok. I've read it many times and its not quite that clear. I know it says - wrapped in a manner that prevents it from being fired. I believe that a holster does exactly that however my LE friend's response was that I could make that arguement in court! I'll let someone else do it first.