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.

Quoted:
Disclaimer:  I am not a lawyer, and this is not legal advice, this is just how I interpret ND Law.

To break it down:

We start with the right to possess a weapon, as that is a right guaranteed to us by the ND Constitution (And the US Constitution):

ARTICLE I
DECLARATION OF RIGHTS
Section 1. All individuals are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending life and liberty; acquiring,
possessing and protecting property and reputation; pursuing and obtaining safety and happiness;
and to keep and bear arms for the defense of their person, family, property, and the state, and for
lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

ND Century Code places restrictions on this right, which we'll now explore:

62.1-02-01 establishes who can lawfully possess a firearm in the first place.

62.1-04-01 establishes that a firearm is not concealed if it is "Carried in a belt holster which is wholly or substantially visible."  So, we've established that open carry is not concealed carry, and where concealed carry is banned by name in the century code, it follows that open carry is not.

62.1-02-10 deals with loaded firearms in cars, which essentially states no person may have a loaded firearm in a vehicle, with exceptions for certain activities and CCW Permit holders.

62.1-03-01 starts off by stating:
"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."

So, this establishes that we have the right to carry a unloaded handgun, with hourly and unloaded restrictions, as long as we can possess it (62.1-02-01), and as long as we comply with 62.1-02-10 (Carrying in cars).  Since we do NOT have a right to carry a concealed handgun natively, as there is a law against that unless you have a permit, this law refers to openly carrying a handgun.

But 62.1-03-01 does not end there.  It continues:

"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."

So, with a honored CCW Permit, exceptions a and b are gone, leaving:

"62.1-03-01: 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."

Since subdivisions a and b do not apply, and CCW Permit holders may carry an openly carried handgun as they see fit, as long as we can possess it (62.1-02-01), and as long as we comply with 62.1-02-10 (Carrying in cars, which does not apply people with an honored CCW Permit).

Hope this sheds light on the subject.

Quoted:


Perfect!  That's very detailed thank you!

If anyone has any additional information about "No Gun" signs, disturbing the peace or trespassing laws/scenarios please post them as well.  I'm interested to see if anyone has had any of those types of situations happen to them.

I'd like to open carry when I'm in Fargo, but being its one of the more liberal areas of the state I'd like to get all my facts in order before anyone freaks and calls 911 at the sight of a gun.