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Old October 14, 2010, 04:51 PM   #29
divil
Senior Member
 
Join Date: November 11, 2009
Posts: 506
so, I had given up on this thread once it emerged - apparently, that my state does not issue to non US citizens.

Now, I am not so sure - here's why: I was reading up on the CCW laws in other states, and came across the requirement in AZ that the applicant must be either a US citizen or a resident of the state. I thought this made more sense than simply banning non-citizens altogether, which I know has been ruled unconstitutional in the past (Chan vs. Troy).

Now, I happened to re-check the ND statute once again, because I wanted to see if there was specifically a provision saying no to non-citizens, or if it was just that the whole "shall issue" didn't apply to us. Here is the text:

Quote:
62.1-04-03. (Effective through June 30, 2011) License to carry a firearm or
dangerous weapon concealed.
1. The director of the bureau of criminal investigation shall issue a license to carry a
firearm or dangerous weapon concealed upon review of an application submitted to
the director by a resident or nonresident citizen of the United States if the following
criteria are met:
Actually, comparing this to the AZ rule, I suspect this was intended to be read as "resident, or nonresident citizen" as opposed to "resident citizen or nonresident citizen". Technically, the way it's written should only be interpreted in sense of the 1st one above, and if they intended to include only citizens, both resident and non-resident, they should have used the word "citizen" twice.

Opinions? (I haven't gotten around to finding out who I can ask formally)
divil is offline  
 
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