AGO 80-148.

• Case Date: January 14, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-148. January 14, 1980 (OPINION) OPINION 80-148Mr. Walter R. HjelleCommissioner North Dakota State Highway Department Capitol Grounds Bismarck, North Dakota 58505 Dear Mr. Hjelle: This is in reply to your letter of January 3, 1980, relative to a proposed firearms policy for truck regulatory officers. You state the following facts and questions:

In view of the attached opinions and that conclusion reached by Mr. Milhollen, I would ask your office for an opinion as to whether or not truck regulatory officers constitute peace officers for the purpose of carrying firearms. Secondly, I would ask you to review the 'Administrative Order Book-Section 'B' ' dealing with firearms, and ask you if it meets the current statutory requirements as to proficiency, training, etc.

At the present time, none of the truck regulatory officers carry firearms or any other type of weapon that would serve as protection under threatening circumstances. For some reason, we have experienced a series of incidents that have caused me great concern. We have had officers physically assaulted; their lives threatened; one patrol car forced off the highway by a semitractor trailer rig, with the car being demolished; and also had a patrol car damaged by shotgun fire.

To respond to the issue of whether truck regulatory officers are authorized to carry firearms, it is necessary to set forth those statutes which regulate the carrying of firearms by individuals in North Dakota.

12.1-26-05. CARRYING LOADED FIREARM IN VEHICLE - PENALTY. No person, other than a law enforcement officer as defined in section 12.1-01-04, shall be permitted to keep or carry a rifle or shotgun with cartridge in the chamber in the passenger compartment of any motor vehicle within any city in this state. Any person violating the provisions of this section shall be guilty of a class B misdemeanor.

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62-01-05. CARRYING PISTOLS PROHIBITED - EXCEPTIONS. Except as otherwise provided in this section no person without a license shall carry a pistol, either openly or concealed, in any vehicle or on or about his person, save on his own land, in his own abode or fixed place of business, or on a target range. This prohibition, however, shall not apply to:

1. Marshals, sheriffs, prison or jail wardens or their regularly employed deputies,

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