Transcription

Office of Attorney GeneralNORTH DAKOTACONCEALED WEAPON LICENSEBureau of Criminal InvestigationPO Box 1054Bismarck, ND 58502-1054E-mail: [email protected] date: July 2019

TABLE OF CONTENTSNOTICE . 1THE CONCEALED WEAPONS WEBSITE . 2GENERAL INFORMATION . 3APPLICATION FORMS .3APPLICATION STATUS.3TYPE OF LICENSE .3MINIMUM AGE .3LICENSE PERIOD .3PROHIBITED APPLICANTS .3ADDRESS CHANGE .4LOST OR DESTROYED LICENSES .4RESTORATION OF FIREARM PRIVILEGES .4LEAVING NORTH DAKOTA? .4RECIPROCITY .4TESTING . 6TESTING FEE .6TESTING REQUIREMENTS – CLASS 1 LICENSE .6* EVIDENCE OF FAMILIARITY .6TESTING REQUIREMENTS – CLASS 2 LICENSE .7UPGRADING FROM A CLASS 2 TO A CLASS 1 LICENSE.7CONVERTING A CLASS 1 LICENSE TO A CLASS 2.7APPLICATIONS . 8THE APPLICATION FORM .8SIGNATURES .8ATTACHMENTS TO THE APPLICATION .8APPLICATION PROCESSING TIME .9“SATISFACTORILY COMPLETED”.10INCOMPLETE APPLICATIONS .10STATUS OF APPLICATION / RENEWAL .10WEAPON PURCHASE / NICS ALTERNATIVE .10NON RESIDENTS .10INVALID APPLICATIONS .11MORE THAN 60 DAYS . 12RENEWAL . 13TESTING .13RENEWAL PROCESS .13EXPIRED LICENSE .14STUN GUNS AND TASERS : . 15DENIAL/REVOCATION . 16DENIAL .16MATERIAL MISSTATEMENT .16REVOCATION OF LICENSE .16FEDERAL PROHIBITIONS ON POSSESSION OF WEAPONS . 17BASIC HANDGUN USE . 18FIREARMS SAFETY .18

SAFETY RULES.18TYPES OF HANDGUNS . 20REVOLVERS .20SEMI-AUTOMATIC (PISTOLS) .20BASIC INSPECTION GUIDE . 21EXTERIOR .21BARREL .21FUNCTION .21SHOOTING FUNDAMENTALS . 22BREATH CONTROL .22STANCE.22GRIP .22TRIGGER PULL .22PISTOL .23TRIGGER RESET .23SIGHTING A FIREARM .23SIGHT ALIGNMENT .23SIGHT PICTURE .24ADJUSTING THE SIGHTS .24LOADING A HANDGUN .24REVOLVER .24PISTOL .25ADMINISTRATIVE UNLOADING .25RELOADING .25MALFUNCTIONS WITH A HANDGUN .25APPLICATION CHECKLIST . 27THE TEST & THE LAWS . 28TITLE 62.1 - WEAPONS .28CHAPTER 62.1-01 DEFINITIONS – GENERAL PROVISIONS .28CHAPTER 62.1-02 POSSESSION OF WEAPONS.28CHAPTER 62.1-03 HANDGUNS .28CHAPTER 62.1-04 CONCEALED WEAPONS .28CHAPTER 62.1-05 MACHINE GUNS, AUTOMATIC RIFLES, SILENCERS, BOMBS .28SECTION 12.1-01-04 GENERAL DEFINITIONS .28CHAPTER 12.1-05 JUSTIFICATION.28

NOTICEIT IS THE RESPONSIBILITY OF THE APPLICANT/RENEWAL APPLICANT TO COMPLY FULLY WITH ALLRULES, REGULATIONS, AND PROCESSES RELATING TO APPLYING FOR A LICENSE TO CARRY ACONCEALED WEAPON.IT IS THE CONCEALED WEAPON LICENSE HOLDER’S DUTY AND RESPONSIBILITY TO KNOW,UNDERSTAND, AND COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS.A LICENSE HOLDER MAY NOT CARRY CONCEALED IF THE LICENSE HAS EXPIRED, EVEN IF THERENEWAL APPLICATION IS BEING PROCESSED. TIMELY RENEWAL IS THE RESPONSIBILITY OF THELICENSE HOLDER.THE OFFICE OF ATTORNEY GENERAL AND THE BCI ARE PROHIBITED BY LAW FROM PROVIDINGLEGAL ADVICE OR ASSISTANCE TO THE PUBLIC. FOR AN INTERPRETATION OF STATE OR FEDERALLAWS AND THEIR APPLICABILITY, CONTACT AN ATTORNEY IN PRIVATE PRACTICE.

THE CONCEALED WEAPONSWEBSITEIt is extremely important that all initial and renewal applicants review theinformation on the Concealed Weapon License pages of the Attorney Because your license is good for five years BUT the legislature meets every two years. If, duringa legislative session, any of the laws that affect possession of weapons or concealed weapons arechanged AS A LICENSE HOLDER, YOU HAVE AN OBLIGATION TO BE AWARE OF, AND COMPLYWITH, THE LAWS, EVEN IF THEY HAVE CHANGED SINCE YOUR LICENSE WAS ISSUED.That means between the time you get your license and the time to renew it, the laws may havebeen changed twice or even three times – and the application and renewal process may havechanged, too.As a service to our license holders, the information on our website is always current. When thelaws, forms, procedures or rules change, we update the information on our website. If you havea question about the application or renewal process - what you need to do, where to do it, orhow long it takes - go to the website. The answers are there! Go to www.attorneygeneral.nd.gov then click on the “Concealed Weapon Licenses” link.Please do not call the BCI to inquire about thestatus of your application – we are prohibited bylaw from providing status information, even tothe applicant.2

GENERAL INFORMATIONAPPLICATION FORMSThe BCI does not provide hard copies of the form. You can complete the application form ONLINEby going to the Concealed Weapon License page of the Attorney General’s website, atwww.attorneygeneral.nd.gov.If you are a new applicant, once you have completed the application form and printed it off, youwill need to take the test. A list of certified test administrators is online atwww.attorneygeneral.nd.gov, on the Concealed Weapons License link.TAKE THE COMPLETED APPLICATION FORM WITH YOU.The same form is used for both NEW applications and RENEWAL applications.APPLICATION STATUSAn applicant must be a lawful resident of the United States.TYPE OF LICENSEThere are two types of licenses: Class 1 and Class 2. The licenses cost the same and are equallyvalid within North Dakota, but because of the additional testing requirements, the holders of aClass 1 license have reciprocity in many more states than those who hold a Class 2 license.MINIMUM AGEAn applicant must be at least 21 years old to apply for a Class 1 License, or at least 18 years oldto apply for a Class 2 License.LICENSE PERIODLicenses are valid for five years.PROHIBITED APPLICANTSConcealed weapon licenses may only be issued to those who legally may possess a firearm ordangerous weapon. Individuals may be prohibited by state or federal law from owning,possessing, or having a firearm under their control.3

ADDRESS CHANGELicense holders are required to submit a change of address in writing via regular mail to the BCIwithin 30 days after an address change. The notification must include license holder’s name,license number, old address and new address.Upon request of the license holder, the BCI will issue an updated license. There is no charge foran updated license, but the old license must be returned to the BCI before the updated one canbe issued. Generally it takes about 2 – 3 weeks for a license to be reissued. For security reasons,the BCI will not accept change of address notification by e-mail or telephone. Instructions are on the Concealed Weapons License page atwww.attorneygeneral.nd.gov.LOST OR DESTROYED LICENSESIf a license is lost or destroyed, a replacement may be obtained from BCI. Send a written requestto the BCI indicating the license holder’s name, address, date of birth, and the reason areplacement is needed. There is no charge for a replacement license. It generally takes two tothree weeks for the replacement license to be issued. Instructions are on the Concealed Weapons License page atwww.attorneygeneral.nd.gov.RESTORATION OF FIREARM PRIVILEGESAn individual who has been convicted of a non-violent felony offense or a misdemeanor offensemay be eligible to petition the court for restoration of firearm privileges.The Office of Attorney General and the BCI are prohibited from providing legal advice orassistance to the public and therefore we cannot provide any further information about thisprocess. For more information, or to initiate a petition, contact an attorney in private practice.LEAVING NORTH DAKOTA?If you have a ND-resident concealed weapon license and you move out of state, the ND residentlicense will become invalid – you will need to have it reissued as a non-resident license (there isno charge). Instructions are on the concealed weapon license page of the h Dakota has reciprocity with many, but not all, other states. This means that a North Dakotaconcealed weapon license is valid while in those states, and licenses from those states arerecognized as valid in North Dakota.4

BCI maintains a list of states with which North Dakota has reciprocity on the ConcealedWeapon License page online at www.attorneygeneral.nd.gov.Reciprocity with another state may be conditional; for example, if the other state has a residencyrequirement, then it may allow reciprocity for ND licenses held by ND residents but not thoseheld by non-ND residents. Many states limit reciprocity to only ND Class 1 licenses, not the Class2 license.It is the responsibility of the license holder to review the laws of both the issuing state andreciprocal state to ensure full compliance.5

TESTINGThe concealed weapon testing may only be administered by a law enforcement officer who hasregistered as an instructor with the BCI or a certified civilian test administrator. A list ofinstructors is available online at www.attorneygeneral.nd.gov, on the Concealed WeaponsLicense pages. All classroom instruction and testing must be completed within the State of North Dakotaand cannot be held in conjunction with any other state’s concealed weapons laws orprocedures. Testing requirements cannot be waived for any applicant other than ND POST Boardcertified active duty officers. Holders of a valid license/permit from another state are notexempt from the testing required for a ND license. Applicants are allowed a maximum