FL, ND, VA, WV and WY Updates (LA - SC - TX)

Gary Slider · April 24, 2021, 09:06 AM

Florida - The 1st District Ct of Appeals in FL has overturned a ruling from a Circuit Ct. on a FL law that passed back in 2012 that would hold local authorities liable and could be sued and have to pay for gun laws they passed that were illegal under FL Preemption Law. The Circuit Ct ruled the law was invalid but the Dist Ct Upheld the law. Handgunlaw.us is not sure if a stay will be put in place as the local authority will most likely appeal. You can read the ruling at
https://handgunlaw.us/documents/agop...Preemption.pdf

North Dakota – Governor has signed HB 1498 which strengths their use of force laws. The new law becomes effective August 1, 2021. You can read the bill at:
https://www.legis.nd.gov/assembly/67...0667-05000.pdf

North Dakota - Governor has signed SB 2344 that prevents the shutting down of Shooting ranges sellers of firearms/ammunition/accessories etc and forbids the confiscation of firearms and carrying etc doing emergencies. The new law becomes effective August 1, 2021.
https://www.legis.nd.gov/assembly/67...1005-04000.pdf

North Dakota – HB 1293 was signed by the Governor. The new law becomes effective August 1, 2021. The NRA stated this bill: expands the list of firearms that an individual can carry in their vehicle under North Dakota’s Constitutional Carry law. HB 1293 also removes the restrictions on certain times of the day when one can open carry, and reduces the residency requirement for Constitutional Carry from one year to 30 days.

There is one item they are not reporting on. If this bill becomes law ND will only honor resident permits from the states they honor. At least it seems very clear to me that it will only honor resident permits from the states they honor. https://www.legis.nd.gov/assembly/67...ns/ba1293.html

Virginia – VA is adding more places off Limits. Any property where any school district employees work can be posted as off limits. https://lis.virginia.gov/cgi-bin/leg...ful+HB1909+pdf

West Virginia - The Governor has signed HB2499. It is a bill that removes sales tax from firearms and ammo. Not just for a week but No Sales Tax until some dems take over the state and repeal the law which I hope that never happens. The bill also removes most if not all the taxes from businesses that produce firearms and or Ammunition. Property taxes would be greatly reduced if not totally eliminated. Even saying that they are wanting to attract businesses from the anti gun states.
http://www.wvlegislature.gov/Bill_St...type=RS&i=2499

West Virginia also just passed and the Governor signed HB2793 which becomes effective June 7, 2021. West Virginia will now offer Non-Resident Permits. Non-Residents will have to appear at a Sheriffs Office and must meet the same requirements as a Resident. Only those 21 or older can apply.
https://www.wvlegislature.gov/Bill_T...0SUB%20ENR.pdf

West Virginia – Governor has signed SB 458 which goes into effect July 8, 2021. This bill strengthens the rights of gun owners and gun stores in a declared emergency. https://www.wvlegislature.gov/Bill_T...SUB1%20ENR.pdf

Note: West Virginia Bills become effective 90 days from the date they pass both the House and Senate unless they have a date specified in the bill. A good site to see how states bill become law and how long Governors have to sign bills etc plus other info on the States. http://www.statescape.com/resources/...atory-process/

Wyoming - My last post I stated Wyoming Permitless Carry Bill had not passed but most likely would. It passed the day I posted and becomes effective July1, 2021. There bill to remove some of the places off limits in their law which I really liked died. https://www.wyoleg.gov/Legislation/2021/HB0116

LA/SC/TX Permitless Carry still have a long way to go before they can become law but at least they are still alive.

Louisiana – Their Permitless Carry Bill current wording the way I read it only allows for Residents of Louisiana to Carry W/O Permit. This bill has not passed yet and the wording of the bill can change. First it has to pass! The Governor has also stated he would veto the bill if it got to his desk. http://www.legis.la.gov/legis/ViewDo...aspx?d=1208956

South Carolina – Permitless Carry Bill
https://www.scstatehouse.gov/sess124...6_20210408.htm

Texas – Permitless Carry Bill https://capitol.texas.gov/tlodocs/87...pdf#navpanes=0

Handgunlaw.us when be updated with these changes when they become effective. There are a lot of changes coming down the pike. Most seem to be good for the RKBA.

**Aguila Blanca** · April 24, 2021, 12:51 PM

Quote:

Originally Posted by Gary Slider

There is one item they are not reporting on. If this bill becomes law ND will only honor resident permits from the states they honor. At least it seems very clear to me that it will only honor resident permits from the states they honor. https://www.legis.nd.gov/assembly/67...ns/ba1293.html

It seems that you are correct, on its face. However, this bill modifies section 62.1-04.02 to read:

Quote:

3. An individual may carry a firearm concealed under this chapter if the individual qualifies for reciprocity under section 62.1-04-03.1 and the individual has the equivalent of a class 2 firearm and dangerous weapon license from the state in which the individual is a resident.

However, to fully understand it, since it refers to section 62.1-04-03 for reciprocity, we have to know what section 62.1-04-03 says -- and I don't know what it says.

Gary Slider · April 24, 2021, 04:14 PM

This is their Law on Reciprocity
62.1-04-03.1. Reciprocity.

A person who has a valid license issued by another state to carry a concealed firearm or dangerous weapon in that state and whose state grants to residents of this state the right to carry a concealed firearm or dangerous weapon without requiring a separate license to carry a concealed firearm or dangerous weapon issued by that state may carry, subject to the provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the other state's license is valid in this state.

https://www.legis.nd.gov/cencode/t62-1.html

The section below was added with this bill

62.1-04-02. Carrying concealed firearms or dangerous weapons-License distinctions

(3) An individual may carry a firearm concealed under this chapter if the individual qualifies for
reciprocity under section 62.1-04-03.1 and the individual has the equivalent of a class 2
firearm and dangerous weapon license from the state in which the individual is a resident.

It is the and in there that I believe makes the difference. 62.1-04-03.1 hasn’t changed but they added 62.1-04-02. (3). The North Dakota has to honor your permit and you now you have to also be a resident of the state they honor.

ND honors every state that has reciprocity in their statutes. I believe it was added so if a state didn’t honor them they wouldn’t let their people carry in ND.

brickeyee · May 25, 2021, 02:52 PM

Quote:

Originally Posted by Aguila Blanca

It seems that you are correct, on its face. However, this bill modifies section 62.1-04.02 to read:

However, to fully understand it, since it refers to section 62.1-04-03 for reciprocity, we have to know what section 62.1-04-03 says -- and I don't know what it says.

https://casetext.com/statute/north-d...31-reciprocity

April 24, 2021, 09:06 AM	#1
Gary Slider Senior Member Join Date: October 10, 2006 Location: New Martinsville, WV Posts: 432	FL, ND, VA, WV and WY Updates (LA - SC - TX) Florida - The 1st District Ct of Appeals in FL has overturned a ruling from a Circuit Ct. on a FL law that passed back in 2012 that would hold local authorities liable and could be sued and have to pay for gun laws they passed that were illegal under FL Preemption Law. The Circuit Ct ruled the law was invalid but the Dist Ct Upheld the law. Handgunlaw.us is not sure if a stay will be put in place as the local authority will most likely appeal. You can read the ruling at https://handgunlaw.us/documents/agop...Preemption.pdf North Dakota – Governor has signed HB 1498 which strengths their use of force laws. The new law becomes effective August 1, 2021. You can read the bill at: https://www.legis.nd.gov/assembly/67...0667-05000.pdf North Dakota - Governor has signed SB 2344 that prevents the shutting down of Shooting ranges sellers of firearms/ammunition/accessories etc and forbids the confiscation of firearms and carrying etc doing emergencies. The new law becomes effective August 1, 2021. https://www.legis.nd.gov/assembly/67...1005-04000.pdf North Dakota – HB 1293 was signed by the Governor. The new law becomes effective August 1, 2021. The NRA stated this bill: expands the list of firearms that an individual can carry in their vehicle under North Dakota’s Constitutional Carry law. HB 1293 also removes the restrictions on certain times of the day when one can open carry, and reduces the residency requirement for Constitutional Carry from one year to 30 days. There is one item they are not reporting on. If this bill becomes law ND will only honor resident permits from the states they honor. At least it seems very clear to me that it will only honor resident permits from the states they honor. https://www.legis.nd.gov/assembly/67...ns/ba1293.html Virginia – VA is adding more places off Limits. Any property where any school district employees work can be posted as off limits. https://lis.virginia.gov/cgi-bin/leg...ful+HB1909+pdf West Virginia - The Governor has signed HB2499. It is a bill that removes sales tax from firearms and ammo. Not just for a week but No Sales Tax until some dems take over the state and repeal the law which I hope that never happens. The bill also removes most if not all the taxes from businesses that produce firearms and or Ammunition. Property taxes would be greatly reduced if not totally eliminated. Even saying that they are wanting to attract businesses from the anti gun states. http://www.wvlegislature.gov/Bill_St...type=RS&i=2499 West Virginia also just passed and the Governor signed HB2793 which becomes effective June 7, 2021. West Virginia will now offer Non-Resident Permits. Non-Residents will have to appear at a Sheriffs Office and must meet the same requirements as a Resident. Only those 21 or older can apply. https://www.wvlegislature.gov/Bill_T...0SUB%20ENR.pdf West Virginia – Governor has signed SB 458 which goes into effect July 8, 2021. This bill strengthens the rights of gun owners and gun stores in a declared emergency. https://www.wvlegislature.gov/Bill_T...SUB1%20ENR.pdf Note: West Virginia Bills become effective 90 days from the date they pass both the House and Senate unless they have a date specified in the bill. A good site to see how states bill become law and how long Governors have to sign bills etc plus other info on the States. http://www.statescape.com/resources/...atory-process/ Wyoming - My last post I stated Wyoming Permitless Carry Bill had not passed but most likely would. It passed the day I posted and becomes effective July1, 2021. There bill to remove some of the places off limits in their law which I really liked died. https://www.wyoleg.gov/Legislation/2021/HB0116 LA/SC/TX Permitless Carry still have a long way to go before they can become law but at least they are still alive. Louisiana – Their Permitless Carry Bill current wording the way I read it only allows for Residents of Louisiana to Carry W/O Permit. This bill has not passed yet and the wording of the bill can change. First it has to pass! The Governor has also stated he would veto the bill if it got to his desk. http://www.legis.la.gov/legis/ViewDo...aspx?d=1208956 South Carolina – Permitless Carry Bill https://www.scstatehouse.gov/sess124...6_20210408.htm Texas – Permitless Carry Bill https://capitol.texas.gov/tlodocs/87...pdf#navpanes=0 Handgunlaw.us when be updated with these changes when they become effective. There are a lot of changes coming down the pike. Most seem to be good for the RKBA. __________________ ___________ Gary Slider Co-Owner Handgunlaw.us Member Armed Citizens Legal Defense Network.

April 24, 2021, 04:14 PM	#3
Gary Slider Senior Member Join Date: October 10, 2006 Location: New Martinsville, WV Posts: 432	This is their Law on Reciprocity 62.1-04-03.1. Reciprocity. A person who has a valid license issued by another state to carry a concealed firearm or dangerous weapon in that state and whose state grants to residents of this state the right to carry a concealed firearm or dangerous weapon without requiring a separate license to carry a concealed firearm or dangerous weapon issued by that state may carry, subject to the provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the other state's license is valid in this state. https://www.legis.nd.gov/cencode/t62-1.html The section below was added with this bill 62.1-04-02. Carrying concealed firearms or dangerous weapons-License distinctions (3) An individual may carry a firearm concealed under this chapter if the individual qualifies for reciprocity under section 62.1-04-03.1 and the individual has the equivalent of a class 2 firearm and dangerous weapon license from the state in which the individual is a resident. It is the and in there that I believe makes the difference. 62.1-04-03.1 hasn’t changed but they added 62.1-04-02. (3). The North Dakota has to honor your permit and you now you have to also be a resident of the state they honor. ND honors every state that has reciprocity in their statutes. I believe it was added so if a state didn’t honor them they wouldn’t let their people carry in ND. __________________ ___________ Gary Slider Co-Owner Handgunlaw.us Member Armed Citizens Legal Defense Network.