FIREARMS IN THE WORKPLACE NORTH DAKOTA BANKERS ASSOCIATION 65 TH LEGISLATIVE SESSION

FIREARMS IN THE WORKPLACE NORTH DAKOTA BANKERS ASSOCIATION 65 TH LEGISLATIVE SESSION

PLAN OF ACTION ISSUE Should NDBA support legislation on allowing banks to prohibit the carrying of a firearm into a financial institution? PROPOSED SOLUTION Under the enacted handgun laws, North Dakota is silent on whether guns are prohibited within banks. No Weapons signs likely have no legal effect; however an authority of the bank may still request an individual to leave, and if they refuse, they violate North Dakota trespass law. NDBA could look towards supporting new legislation that would codify language allowing banks to prohibit weapons. A hybrid law like Kansas may have value in allowing the flexibility of private businesses to choose whether they want to prohibit weapons or not, given they meet certain statutory requirements. 2

TABLE OF CONTENTS North Dakota Handgun Laws... 4 Carrying handgun Restrictions - Exceptions. 4, 5 License to Carry a Firearm or Dangerous Weapon Concealed... 6 No Weapons Signs in Banks and the Law... 7 Other States Laws on Weapons in Banks... 8 Montana... 8 Minnesota... 8 Kansas... 9 Conclusion... 9 3

NORTH DAKOTA HANDGUN LAWS Effective August 1 st of 2017, ND Governor Doug Burgum signed House Bill 1169 into law. The bill amended N.D.C.C. 62.1-03-01(2) with subsection (n), by making it legal for any ND citizen over the age of 18 to possess a handgun with a valid license unless the individual is prohibited by other handgun statutes. Carrying handgun Restrictions - Exceptions: N.D.C.C. 62.1-03-01(1) & (2) 1 : 1. A handgun may not be carried unless by an individual not otherwise prohibited and if: a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is 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 unloaded and 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. 4

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. n. An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under chapter 62.1-04 and has possessed for at least one year a valid driver's license or nondriver identification card issued by the department of transportation. The bolded text above is the added language from House Bill 1169 2. It provides that if someone possesses a ND driver s license or ND ID for one year they can legally possess a handgun (18 to possess, 21 to buy). Additionally, the citizen must not fall under any of the preclusions for possessing a class 2 firearm and dangerous weapon license. The requirements and restrictions for obtaining a class 2 firearm and dangerous weapon license are found under N.D.C.C. 62.1-04-03. 3 1 See N.D.C.C. 62.1-03-01(1) & (2) 2 House Bill 1169: https://www.legis.nd.gov/assembly/65-2017/documents/17-0086-06000.pdf 3 See N.D.C.C. 62.1-04-03 5

License to carry a firearm or dangerous weapon concealed N.D.C.C. 62.1-04-03 4 : 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 if the following criteria are met: a. The applicant is at least twenty-one years of age for a class 1 firearm license or at least eighteen years of age for a class 2 firearm and dangerous weapon license; b. The applicant can demonstrate that the applicant is a resident of this state by providing a copy of a valid driver's license or state-issued identification card from this state that establishes personal identification through photographic means and shows the applicant's name associated with a valid residential street address in this state or the applicant possesses a valid driver's license from the applicant's state of residence that establishes personal identification through photographic means and shows the applicant's name associated with a valid residential street address and a valid concealed weapons license from the applicant's state of residence, which state has reciprocity with this state under section 62.1-04-03.1; c. The applicant is not an individual specified in section 62.1-02-01 and for a class 1 firearm license the applicant: (1) Has not been convicted of a felony; (2) Has not been convicted of a crime of violence; (3) Has not been convicted of an offense involving the use of alcohol within ten years prior to the date of application; (4) Has not been convicted of a misdemeanor offense involving the unlawful use of narcotics or other controlled substances within ten years prior to the date of application; (5) Has not been convicted of an offense involving moral turpitude; (6) Has not been convicted of an offense involving domestic violence; (7) Has not been adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and (8) Is qualified to purchase and possess a firearm under federal law; 4 See N.D.C.C. 62.1-04-03 6

NO WEAPONS SIGNS IN BANKS AND THE LAW The North Dakota Century Code is silent on whether private businesses may deny citizens of bringing a weapon onto the premises. North Dakota prohibits weapons only from specific areas. N.D.C.C. 62.1-02-04 5 prohibits firearms and weapons from liquor establishments, except for law enforcement, property owners, and those hired by the store. Section 62.1-02-05 6 prohibits the possession of a firearm or dangerous weapon at a public gathering. A public gathering is defined as an athletic event, a school, a church, and a publicly owned or operated building. Nowhere in these statutes does it mention whether a bank can prohibit firearms or weapons. However, banks as private businesses do still possess the right to request an individual to leave the business premises. Under N.D.C.C. 12.1-22-03(5) 7, an individual is guilty of a class B misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual. Therefore, banks would still have the right to request an individual to leave the bank for carrying a weapon, and if they do not leave, violate ND trespass laws. Therefore, legal North Dakota gun carriers would not violate any laws entering a bank until asked to leave and they refuse, regardless of signs or not. 5 See N.D.C.C. 62.1-02-04 6 See N.D.C.C. 62.1-02-05 7 See N.D.C.C. 12.1-22-03(5) 7

OTHER STATES LAW ON WEAPONS IN BANKS Montana Montana is the only state in the country that explicitly bans the possession of a firearm within a bank. Montana Code 45-8-328(1) & (b) 8 states: (1) Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in: (b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. Additionally, it is not an offense under the statute to carry a concealed weapon while at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services. Minnesota Most other states are silent on the issue of legal carrying of a weapon when entering a bank, this includes Minnesota. Minnesota doesn t have any explicit language that bans the bringing of weapons into to a bank. Minnesota only has workplace restrictions under M.S.A. 624.714 9. An employer, private or public, may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment. However, this applies to an employer-employee relationship and not with customers. 8 See Montana Code 45-8-328 9 See M.S.A. 624.714 8

Kansas Some states like Kansas have enacted a hybrid style of law on this issue. Kansas Code 75-7c24 10 leaves the ability for private businesses to prohibit weapons if they properly follow the statute requirements. Kansas Statute 75-7c24(a) states, Provided that the building is conspicuously posted in accordance with rules and regulations adopted by the attorney general as a building where carrying an unconcealed firearm is prohibited, it shall be unlawful to carry an unconcealed firearm into such building. Therefore, if a private business in Kansas gives notice (i.e. No Weapons signs on the door) and satisfies other statutory requirements, they are allowed to ban weapons from their premises. CONCLUSION Under the enacted handgun laws, North Dakota is silent on whether guns are prohibited within banks. No Weapons signs likely have no legal effect; however an authority of the bank may still request an individual to leave, and if they refuse, they violate North Dakota trespass law. NDBA could look towards supporting new legislation that would codify language allowing banks to prohibit weapons. A hybrid law like Kansas may have value in allowing the flexibility of private businesses to choose whether they want to prohibit weapons or not, given they meet certain statutory requirements. 8 See KS Stat 75-7c24(a) 9