Ok, the issue in question is in regards to the legal carrying of concealed weapons. I possess a valid concealed weapons license issued by the state BCI. My concern is with an ordinance that is in effect for the city in which I live. The ordinance states that: "No person shall knowingly possess a firearm on his person or shall possess a firearm within his control on private property without the consent of the owner of the property or the person in charge thereof."
The problem is that there is a specific provision in state century code that states: "62.1-01-03. Limitation on authority of political subdivision regarding firearms. No political subdivision, including home rule cities or counties, may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such ordinances are void."
Further, the state defines the locations where carrying of a concealed weapon is prohibited, these sites being: "Liquor establishments, gaming sites, any public gathering, including: sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, publicly owned or operated buildings, and publicly owned parks where hunting is not allowed".
I'm wondering what the first point of procedure should be, or who I should contact regarding the validity of this city ordinance. Should I contact a private lawyer, court system, etc? Thanks for your help.
In response to Elwood.
The conflict is within the "Licensure" as mentioned in the state century code. The state has issued me a license in which I may carry a concealed weapon in all locations not provisioned against/prohibited by the state. If "Licensure" wasn't specifically noted in the code, I would agree with you completely.
An additional note.
The city ordinance I mentioned is sub section B of a parent section. Section A states: (a) No person shall knowingly possess a sidearm on his person or shall possess a sidearm within his control on private property unless:" Sub-section A.(1) "He is allowed to do so under a permit issued pursuant to state law;"
That's where I'm being confused.
The problem is that there is a specific provision in state century code that states: "62.1-01-03. Limitation on authority of political subdivision regarding firearms. No political subdivision, including home rule cities or counties, may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such ordinances are void."
Further, the state defines the locations where carrying of a concealed weapon is prohibited, these sites being: "Liquor establishments, gaming sites, any public gathering, including: sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, publicly owned or operated buildings, and publicly owned parks where hunting is not allowed".
I'm wondering what the first point of procedure should be, or who I should contact regarding the validity of this city ordinance. Should I contact a private lawyer, court system, etc? Thanks for your help.
In response to Elwood.
The conflict is within the "Licensure" as mentioned in the state century code. The state has issued me a license in which I may carry a concealed weapon in all locations not provisioned against/prohibited by the state. If "Licensure" wasn't specifically noted in the code, I would agree with you completely.
An additional note.
The city ordinance I mentioned is sub section B of a parent section. Section A states: (a) No person shall knowingly possess a sidearm on his person or shall possess a sidearm within his control on private property unless:" Sub-section A.(1) "He is allowed to do so under a permit issued pursuant to state law;"
That's where I'm being confused.