In general, laws usually prohibit rather than allow conduct. Have you seen a law that allows you to eat a peanut butter and pineapple sandwich on Sunday, or a law that says you don't have to tuck your shirt in?That doesn't say you can open carry.
In general, laws usually prohibit rather than allow conduct. Have you seen a law that allows you to eat a peanut butter and pineapple sandwich on Sunday, or a law that says you don't have to tuck your shirt in?
Is there a law that allows a guy to own one of those little froufrou yappy-dogs and still be a man?
IF there were a law, it would be a law that prohibited openly carrying a firearm; as "what is not prohibited, is allowed" is the general principle in jurisprudence.
62.1-03-01. Carrying handgun - Restrictions - Exceptions.
1. An unloaded handgun may be carried by an individual not otherwise prohibited if:
a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is in plain view or is secured.
b. Between the hours of one hour after sunset and one hour before sunrise, the handgun is secured.
2. The restrictions provided in subdivisions a and b of subsection 1 do not apply to:
a. An individual possessing a valid concealed weapons license from this state or who has reciprocity under section 62.1-04-03.1.
b. An individual on that person's land, or in that individual's permanent or temporary residence, or fixed place of business.
c. An individual while lawfully engaged in target shooting.
d. An individual while in the field engaging in the lawful pursuit of hunting or trapping. However, nothing in this exception authorizes the carrying of a loaded handgun in a motor vehicle.
e. An individual permitted by law to possess a firearm while carrying the handgun unloaded and in a secure wrapper from the place of purchase to that person's home or place of business, or to a place of repair or back from those locations.
f. Any North Dakota law enforcement officer.
g. Any law enforcement officer of any other state or political subdivision of another state if on official duty within this state.
h. Any armed security guard or investigator as authorized by law when on duty or going to or from duty.
i. Any member of the armed forces of the United States when on duty or going to or from duty and when carrying the handgun issued to the member.
j. Any member of the national guard, organized reserves, state defense forces, or state guard organizations, when on duty or going to or from duty and when carrying the handgun issued to the member by the organization.
k. Any officer or employee of the United States duly authorized to carry a handgun.
l. An individual engaged in manufacturing, repairing, or dealing in handguns or the agent or representative of that individual possessing, using, or carrying a handgun in the usual or ordinary course of the business.
m. Any common carrier, but only when carrying the handgun as part of the cargo in the usual cargo carrying portion of the vehicle.
It is what it is. Get a ""concealed"" permit and then 62.1-03-01.1. a and b no longer apply.I wish it was more clear cut. I want it to say "yes PMac you can open carry your 1911".
It is what it is. Get a ""concealed"" permit and then 62.1-03-01.1. a and b no longer apply.
I wish Georgia had a law that specifically said "Any citizen may put beans in his or her chili" but they're completely silent on the matter.
IF there's a crime, you're going to be charged with something, so the question is What Section of the law are they going to charge you under?