N.D. Cent. Code § 62.1-02-12 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-12
62.1-02-12. Resident may purchase rifle or shotgun in contiguous state - Application - Definitions
Status: repealed

62.1-02-12. Resident may purchase rifle or shotgun in contiguous state - Application -

Definitions.

Repealed by S.L. 2005, ch. 598, § 2.
N.D. Cent. Code § 62.1-02-02 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-02
62.1-02-02. Sale of handgun regulated - Penalty
Status: in_force

62.1-02-02. Sale of handgun regulated - Penalty

No person may transfer a handgun to any person who the transferor knows or has

reasonable cause to believe is a person prohibited by section 62.1-02-01 from possessing a

firearm. Any person who violates this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 62.1-04-04 — ND Code / Title 62.1 / Chapter 62.1-04 / Section 62.1-04-04
62.1-04-04. Producing license upon request - Penalty
Status: in_force

62.1-04-04. Producing license upon request - Penalty

1. An individual carrying a concealed firearm or dangerous weapon, for which a license

to carry concealed is required, shall have on the individual's person the license issued

by this or another state or a digital image of the individual's concealed firearm or

dangerous weapon license issued by this state on an electronic device and shall give

the license or digital image of the license to a law enforcement officer for an inspection

upon request by the officer. The failure of an individual to give the license or digital

image of the license to the officer is prima facie evidence the individual is illegally

carrying a firearm or dangerous weapon concealed.

2. An individual carrying a concealed firearm under the authority granted in subsection 2

of section 62.1-04-02 shall inform a law enforcement officer of the concealed firearm if

the officer inquires about the individual possession of a concealed firearm.

3. An individual carrying a concealed firearm under the authority granted in subsection 2

of section 62.1-04-02 shall have on the individual's person a valid driver's license or

nondriver identification card issued by the department of transportation or by the

individual's state or territory of residence, or a digital image of the individual's valid

driver's license or nondriver identification card on a mobile device and shall provide the

license or card to a law enforcement officer for inspection upon request by the officer.

4. An individual who violates this section is guilty of a noncriminal offense punishable by

a fee of twenty dollars.
N.D. Cent. Code § 62.1-02-03 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-03
62.1-02-03. Possession or sale of short-barreled rifle or shotgun - Penalty - Application
Status: in_force

62.1-02-03. Possession or sale of short-barreled rifle or shotgun - Penalty -

Application.

A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a

short-barreled shotgun is guilty of a class C felony. This section does not apply to a law

enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a

short-barreled shotgun in the course of or in connection with the officer's official duties, to a

member of the armed forces of the United States or national guard, organized reserves, state

defense forces, or state guard organizations who possesses or uses a short-barreled rifle or

short-barreled shotgun issued to the member by that organization and while on official duty, or

to any person who complies with the National Firearms Act [26 U.S.C. 5801-5872].
N.D. Cent. Code § 62.1-04-01 — ND Code / Title 62.1 / Chapter 62.1-04 / Section 62.1-04-01
62.1-04-01. Definition of concealed
Status: in_force

62.1-04-01. Definition of concealed

A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be

discernible by the ordinary observation of a passerby. There is no requirement that there be

absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily

discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is

worn under clothing or carried in a bundle that is held or carried by the individual, or transported

in a vehicle under the individual's control or direction and available to the individual, including

beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered

concealed if it is:

1. Carried in a belt holster which is wholly or substantially visible or carried in a case

designed for carrying a firearm or dangerous weapon and which is wholly or

substantially visible;

2. Locked in a closed trunk or luggage compartment of a motor vehicle;

3. Carried in the field while lawfully engaged in hunting, trapping, or target shooting,

whether visible or not;

4. Carried by any person permitted by law to possess a 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; or

5. A bow and arrow, rifle, shotgun, unloaded handgun, or a weapon that will expel, or is

readily capable of expelling, a projectile by the action of a spring, compressed air, or

compressed gas including any such weapon commonly referred to as a BB gun, air

rifle, or CO gun, while carried in a motor vehicle.

2
N.D. Cent. Code § 62.1-02-13 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-13
62.1-02-13. Possession of secured firearm - Prohibition by employer prohibited
Status: in_force

62.1-02-13. Possession of secured firearm - Prohibition by employer prohibited

1. A public or private employer may not:

a. Prohibit any customer, employee, or invitee from possessing any legally owned

firearm, if the firearm is lawfully possessed and locked inside or locked to a

private motor vehicle in a parking lot and if the customer, employee, or invitee is

lawfully in the area.

b. Make a verbal or written inquiry regarding the presence of a firearm inside or

locked to a private motor vehicle in a parking lot or make an actual search of a

private motor vehicle in a parking lot to ascertain the presence of a firearm within

the vehicle. In addition, a public or private employer may not take any action

against a customer, employee, or invitee based upon verbal or written statements

of any party concerning possession of a firearm stored inside a private motor

vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in

the parking lot of a public or private employer to ascertain the presence of a

firearm within the vehicle may only be conducted by an on-duty law enforcement

officer.

c. Condition employment upon the fact that an employee or prospective employee

holds or does not hold a concealed weapons license or any agreement by an

employee or a prospective employee that prohibits an employee from keeping a

legal firearm locked inside or locked to a private motor vehicle in a parking lot, if

the firearm is kept for lawful purposes.

d. Prohibit or attempt to prevent any customer, employee, or invitee from entering

the parking lot or the employer's place of business because the customer's,

employee's, or invitee's private motor vehicle contains a legal firearm being

carried for lawful purposes, that is out of sight within the customer's, employee's,

or invitee's private motor vehicle.

e. Terminate the employment of or otherwise discriminate against an employee, or

expel a customer or invitee for exercising the constitutional right to keep and bear

arms or for exercising the right of self-defense as long as a firearm is never

exhibited on company property for any reason other than lawful defensive

purposes.

2. A public or private employer has no duty of care related to the actions prohibited under

this section.

3. A public or private employer is not liable in a criminal or civil action based on actions or

inactions taken in compliance with this section. The immunity provided in this

subsection does not apply to civil actions based on actions or inactions of public or

private employers that are unrelated to compliance with this section.

4. This section does not expand any existing duty, or create any additional duty, on the

part of a public or private employer, property owner, or property owner's agent.

5. A person aggrieved under this section may bring a civil action for violation of rights

protected under this section. In any successful action brought by a customer,

employee, or invitee aggrieved under this section, the court shall award all reasonable

personal costs and losses suffered by the aggrieved person as a result of the violation

of rights under this section. In any action brought under this section, the court shall

award all court costs and attorney's fees to the prevailing party.

6. The prohibitions in subsection 1 do not apply to:

a. Any public or nonpublic elementary school, middle school, or high school

property, except as otherwise provided in subsection 2 of section 62.1-02-05.

b. Any correctional facility or institution.

c. Property owned or leased by a public or private employer or the landlord of a

public or private employer upon which are conducted substantial activities

involving national defense, aerospace, or homeland security.

d. Property owned or leased by a public or private employer or the landlord of a

public or private employer upon which the primary business conducted is the

manufacture, use, storage, or transportation of combustible or explosive materials

regulated under state or federal law, or property owned or leased by an employer

who has obtained a permit required under 18 U.S.C. 842 to engage in the

business of importing, manufacturing, or dealing in explosive materials on the

property.

e. A motor vehicle owned, leased, or rented by a public or private employer or the

landlord of a public or private employer.

f. Any other property owned or leased by a public or private employer or the

landlord of a public or private employer upon which possession of a firearm or

other legal product by a customer, employee, or invitee is prohibited under any

federal law, contract with a federal governmental entity, or other law of this state.

g. The state hospital.
N.D. Cent. Code § 62.1-02-01.2 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-01.2
62.1-02-01.2. Mental disability and the possession of firearms
Status: in_force

62.1-02-01.2. Mental disability and the possession of firearms

1. A court shall make a finding as to whether the provisions of 18 U.S.C. 922(d)(4) and

(g)(4) apply to the subject of a following proceeding in which the court:

a. Finds that a person, as a result of mental disease or defect, may not be held

criminally responsible in any case pursuant to chapter 12.1-04 or 12.1-04.1;

b. Finds that a person is a mentally deficient individual;

c. Orders involuntary hospitalization or commitment to a treatment facility or

involuntary treatment pursuant to chapter 25-03.1;

d. Orders involuntary commitment or involuntary treatment under chapter 25-03.3;

e. Appoints a guardian ad litem under section 28-03-04;

f. Appoints a guardian under chapter 30.1-28; or

g. Appoints a conservator under chapter 30.1-29.

2. If the court finds that the provisions apply, the clerk of the court shall forward the

individual's name and nonclinical identifying information to the bureau of criminal

investigation, which shall forward the information to the federal bureau of investigation,

or its successor agency, for inclusion in the national instant criminal background check

system database. The court also shall notify the individual of the prohibitions of

18 U.S.C. 922(d)(4) and (g)(4), and, if relevant, of subdivision c of subsection 1 of

section 62.1-02-01.

3. If a court of this state has found an individual under subsection 1 to be subject to the

provisions of 18 U.S.C. 922(d)(4) and (g)(4), that individual may petition the court that

issued the finding or the district court of the county where the individual resides to

remove that individual's firearms-related disabilities, as provided in Public Law

No. 110-180, 105(a). A copy of the petition for relief must be served on the director of

the treatment facility that treated the individual pursuant to court order and the

prosecuting attorney of the county in which the original finding, order, or appointment

occurred. The director of the treatment facility that treated the individual pursuant to

court order and the prosecuting attorney may appear, support, object to, and present

evidence relevant to the relief sought by the petitioner. The court shall receive and

consider evidence in a closed proceeding, including evidence offered by the petitioner,

concerning:

a. The circumstances of the original order, appointment, or finding;

b. The petitioner's mental health and criminal history records, if any;

c. The petitioner's reputation; and

d. Changes in the petitioner's condition or circumstances relevant to the relief

sought.

4. The court shall grant the petition for relief if the court finds by a preponderance of the

evidence that the petitioner likely will not act in a manner dangerous to public safety

and that the granting of the relief would not be contrary to the public interest. A record

must be kept of the proceedings. The record is confidential and may be disclosed only

to a court in the event of an appeal. An individual may file a petition for relief under this

section no more than once every two years.

5. When a magistrate or court issues an order granting a petition for relief under

subsection 3, the clerk of the court immediately shall forward a copy of the order to the

bureau of criminal investigation in the format and medium specified by the bureau after

consultation with the state court administrator. The bureau immediately shall forward a

copy to the federal bureau of investigation, or its successor agency, for updating of the

national instant criminal background check system database.
N.D. Cent. Code § 62.1-02-01 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-01
62.1-02-01. Persons who are not to possess firearms - Penalty
Status: in_force

62.1-02-01. Persons who are not to possess firearms - Penalty

1. a. A person who has been convicted anywhere of a felony offense involving violence

or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent

felony offense of another state or the federal government is prohibited from

owning a firearm or having one in possession from the date of conviction and

continuing for ten years after the date of conviction or the date of release from

incarceration, parole, or probation, whichever is latest.

b. A person who has been convicted anywhere of a felony offense of this or another

state or the federal government not provided for in subdivision a or who has been

convicted of a class A misdemeanor offense involving violence or intimidation in

violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another

state or the federal government and the offense was committed while using or

possessing a firearm, a dangerous weapon, or, as defined in section 12.1-01-04,

a destructive device or an explosive, is prohibited from owning a firearm or having

one in possession from the date of conviction and continuing for five years after

the date of conviction or the date of release from incarceration, parole, or

probation, whichever is latest.

c. A person who is or has ever been diagnosed and confined or committed to a

hospital or other institution in this state or elsewhere by a court of competent

jurisdiction, other than a person who has had the petition that provided the basis

for the diagnosis, confinement, or commitment dismissed under section

25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another

jurisdiction, as a person requiring treatment as defined in section 25-03.1-02, or

as a mentally deficient individual, is prohibited from purchasing a firearm or

having one in possession. This limitation does not apply to a person who has not

suffered from the disability for the previous three years or who has successfully

petitioned for relief under section 62.1-02-01.2.

d. A person under the age of eighteen years may not possess a handgun except

that such a person, while under the direct supervision of an adult, may possess a

handgun for the purposes of firearm safety training, target shooting, or hunting.

e. A child who has been adjudicated delinquent of a felony offense involving

violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an

equivalent felony offense of another state or the federal government is prohibited

from owning a firearm or having one in possession from the date of adjudication

and continuing for ten years after the date of adjudication.

f. A child who has been adjudicated of a class A misdemeanor offense involving

violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an

equivalent offense of another state or the federal government, and the offense

was committed while using or possessing a firearm, a dangerous weapon, a

destructive device, or an explosive is prohibited from owning a firearm or having

one in possession from the date of adjudication and continuing for five years after

the date of adjudication.

A person who violates subdivision a or b is guilty of a class C felony, and a person who

violates subdivision c or d is guilty of a class A misdemeanor.

2. For the purposes of this section, "conviction" means a determination that the person

committed one of the above-mentioned crimes upon a verdict of guilt, a plea of guilty,

or a plea of nolo contendere even though:

a. The court suspended execution of sentence in accordance with subsection 3 of

section 12.1-32-02;

b. The court deferred imposition of sentence in accordance with subsection 4 of

section 12.1-32-02;

c. The court placed the person on probation;

d. The person's conviction has been reduced in accordance with subsection 9 of

section 12.1-32-02 or section 12.1-32-07.1;

e. Sentence dispositions, sentence reductions, or offense determinations equivalent

to this section were imposed or granted by a court, board, agency, or law of

another state or the federal government; or

f. The person committed an offense equivalent to an offense described in

subdivision e or f of subsection 1 when that person was subject to juvenile

adjudication or proceedings and a determination of a court under chapter 27-20.4

or of a court of another state or the federal government was made that the person

committed the delinquent act or offense.

3. A felon who is not sentenced under section 12.1-32-09.1 may possess a rifle that has

a barrel sixteen inches [40.72 centimeters] or longer or a shotgun that has a barrel

eighteen inches [45.72 centimeters] or longer and which is one of the following:

a. A firearm, including any firearm with a matchlock, flintlock, percussion cap, or

similar type of ignition system, manufactured before 1899.

b. A replica of any firearm described in subdivision a, if the replica is not designed or

redesigned for using rimfire or conventional centerfire fixed ammunition or uses

rimfire or conventional centerfire fixed ammunition that is no longer manufactured

in the United States and which is not readily available in the ordinary channels of

commercial trade.

c. A muzzleloading rifle or muzzleloading shotgun designed to use black powder or

a black powder substitute and which cannot use fixed ammunition.
N.D. Cent. Code § 62.1-02-05 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-05
62.1-02-05. Possession of a firearm or dangerous weapon at a public gathering - Penalty - Application
Status: in_force

62.1-02-05. Possession of a firearm or dangerous weapon at a public gathering -

Penalty - Application.

1. An individual may not possess a firearm or dangerous weapon at:

a. A school or school-sponsored event on school property;

b. A church or other place of worship; or

c. A publicly owned or operated building.

2. This section does not apply to:

a. A law enforcement officer, or a correctional officer employed by the department of

corrections and rehabilitation or by a correctional facility governed by chapter
N.D. Cent. Code § 62.1-04-03 — ND Code / Title 62.1 / Chapter 62.1-04 / Section 62.1-04-03
62.1-04-03. License to carry a firearm or dangerous weapon concealed - Class 1 firearm license and class 2 firearm and dangerous weapon license
Status: in_force

62.1-04-03. License to carry a firearm or dangerous weapon concealed - Class 1

firearm license and class 2 firearm and dangerous weapon license.

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 or nondriver

identification from the applicant's state or territory 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

three 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;

d. The applicant has successfully completed the testing procedure conducted by a

certified test administrator. The person conducting the testing may assess a

charge of up to one hundred dollars for conducting this testing. The attorney

general may certify a test administrator based upon criteria and guidelines

prescribed by the director of the bureau of criminal investigation;

e. The applicant satisfactorily completes the bureau of criminal investigation

application form and has successfully passed the criminal history records check

conducted by the bureau of criminal investigation and the federal bureau of

investigation. The applicant shall provide all documentation relating to any

court-ordered treatment or commitment for mental health or substance abuse.

The applicant shall provide the director of the bureau of criminal investigation

written authorizations for disclosure of the applicant's mental health or substance

abuse evaluation and treatment records. The bureau may deny approval for a

license if the bureau has reasonable cause to believe that the applicant or

licenseholder has been or is a danger to self or others as demonstrated by

evidence, including past pattern of behavior involving unlawful violence or threats

of unlawful violence; past participation in incidents involving unlawful violence or

threats of unlawful violence; or conviction of a weapons offense. In determining

whether the applicant or licenseholder has been or is a danger to self or others,

the bureau may inspect expunged or sealed records of arrests and convictions of

adults and juvenile court records; and

f. The applicant is not prohibited under federal law from owning, possessing, or

having a firearm under that individual's control.

2. The attorney general shall offer class 1 firearm and class 2 firearm and dangerous

weapon licenses to carry a firearm or dangerous weapon concealed under the

following requirements:

a. An applicant for a class 1 firearm license shall successfully participate in a

classroom instruction that sets forth weapon safety rules and the deadly force law

of North Dakota, complete an open book test based upon a manual, demonstrate

familiarity with a firearm, and complete an actual shooting or certified proficiency

exercise. Evidence of familiarity with a firearm to be concealed may be satisfied

by one of the following:

(1) Certification of familiarity with a firearm by an individual who has been

certified by the attorney general, which may include a law enforcement

officer, military or civilian firearms instructor, or hunter safety instructor;

(2) Evidence of equivalent experience with a firearm through participation in an

organized shooting competition, law enforcement, or military service;

(3) Possession of a license from another state to carry a firearm, concealed or

otherwise, which is granted by that state upon completion of a course

described in paragraphs 1 and 2; or

(4) Evidence that the applicant, during military service, was found to be

qualified to operate a firearm.

b. An applicant for a class 2 firearm and dangerous weapon license is required to

successfully complete the open book test offered for the class 1 firearm license.

c. A North Dakota resident who has a valid class 1 firearm license also may carry a

class 2 dangerous weapon without any further testing required. Class 1 and

class 2 permits are equally valid in this state.

d. Additional testing is not required to renew a class 2 firearm and dangerous

weapon license. A class 1 firearm license may be renewed upon successful

completion of the class 1 firearm requirements within thirty days before

submission of the application for renewal.

e. An individual who has a valid class 2 firearm license may apply to upgrade to a

class 1 firearm license within five years from the date the class 2 firearm license

was issued and upon successful completion of the requirements under this

chapter. An individual who has a valid class 1 firearm license may request to

convert the license to a class 2 firearm license before the expiration of the class 1

firearm license.

3. The director of the bureau of criminal investigation shall send by mail to a holder of a

license a notice of the procedures for renewal of the license issued under this section.

The director shall give the notice at least one hundred fifty days but not more than one

hundred eighty days before the expiration of the license.

4. The bureau of criminal investigation is required to process the application and make a

determination within sixty days of receipt of the properly completed application.

5. The fee for a concealed weapons license must be credited to the attorney general's

operating fund. All fees must be paid before the license application may be processed

by the director of the bureau of criminal investigation. The attorney general shall list

the fees associated with the license, including the costs of the fingerprint-based

federal criminal history record check, in the attorney general's administrative rules.

6. The director of the bureau of criminal investigation shall prescribe the form of the

application and license, which must include the name, address, description, a

photograph, and the signature of the individual. The application form must require

sufficient information to properly conduct a criminal history record check and be

accompanied by:

a. A photocopy of a valid driver's license or identification card issued by this state

which establishes personal identification through photographic means and shows

the applicant's name associated with a valid residential street address in this

state or a valid state-issued driver's license or nondriver identification from the

applicant's state or territory of residence which 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 has reciprocity with this state under section

62.1-04-03.1; and

b. Two sets of classifiable fingerprints. The two sets of classifiable fingerprints are

not required for a renewal of a concealed weapons license. The license is valid

for five years. The original license must be delivered to the licensee and an

electronic copy must be preserved for six years by the director. Access to license

information must be available to law enforcement through electronic means for

official law enforcement purposes. The applicant or licenseholder shall notify the

director of the bureau of criminal investigation of any change of address or any

other material fact which would affect the restrictions on or the need for the

license.

7. The director of the bureau of criminal investigation may deny an application or revoke

or cancel a license after it has been granted for any material misstatement by an

applicant in an application for the license or any violation of this title. The director of

the bureau of criminal investigation shall disclose to the applicant the specific reason

for denial or revocation of the license.

8. The applicant may appeal a denial or revocation of this license to the district court of

Burleigh County.

9. Information collected from an applicant under this section is confidential information.

However, the information may be disclosed:

a. To a governmental agency or court for a law enforcement purpose, including the

investigation, prosecution, or punishment of a violation of law.

b. To a court to aid in a decision concerning sentence, probation, or release pending

trial or appeal.

c. Pursuant to a court order or a judicial, legislative, or administrative agency

subpoena issued in this state.

10. The attorney general may adopt any rules necessary to implement this title.
N.D. Cent. Code § 62.1-01-03.1 — ND Code / Title 62.1 / Chapter 62.1-01 / Section 62.1-01-03.1
62.1-01-03.1. Federal firearms laws - Limitations on enforcement
Status: in_force

62.1-01-03.1. Federal firearms laws - Limitations on enforcement

1. As used in this section, "firearm accessory" means an item used in conjunction with or

mounted on a firearm but is not essential to the basic function of a firearm. The term

includes a detachable firearm magazine.

2. An agency or political subdivision of the state and a law enforcement officer or

individual employed by an agency or political subdivision of the state may not provide

assistance to a federal agency or official or act independently with respect to the

investigation, prosecution, or enforcement of a violation of a federal statute, order, rule,

or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition

enacted after January 1, 2021, if the federal statute, order, rule, or regulation is more

restrictive than state law, unless:

a. The federal agency appeals to the federal district court of the federal district in

which the violation or possible violation occurred or would occur and the court

finds probable cause that a national security threat exists;

b. The violation also is a violation under this title; or

c. The violation also is a violation of chapter 12.1-16, 12.1-17, 12.1-18, 12.1-20,

12.1-41, or 19-03.1.

3. This section does not prohibit an agency or political subdivision of the state or a law

enforcement officer or individual employed by an agency or political subdivision of the

state from providing assistance to a federal agency or official for an offense not related

to firearms or an offense to which firearms are incidental, including a drug offense,

homicide, assault, kidnapping, sex offense, or human trafficking.

4. This section does not prohibit law enforcement from providing assistance to a federal

agency or official if the investigation also pertains to a felony violation of state law.
N.D. Cent. Code § 62.1-02-11 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-11
62.1-02-11. Possessing explosive prohibited - Exception - Penalty
Status: in_force

62.1-02-11. Possessing explosive prohibited - Exception - Penalty

No person may have in custody, possession, or control any nitroglycerin, dynamite, or any

other dangerous or violent explosive, unless the explosive is carried in the prosecution of or to

effect a lawful and legitimate purpose. Any person violating this section is guilty of a class C

felony.
N.D. Cent. Code § 62.1-01-01 — ND Code / Title 62.1 / Chapter 62.1-01 / Section 62.1-01-01
62.1-01-01. General definitions
Status: in_force

62.1-01-01. General definitions

As used in this title, unless the context otherwise requires:

1. "Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar,

stiletto, sword, dagger, or knife with a blade of six inches [15.24 centimeters] or more;

any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap,

bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow,

crossbow, or spear; any weapon that will expel, or is readily capable of expelling, a

projectile by the action of a spring, compressed air, or compressed gas, including any

such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2

gun; and any projector of a bomb or any object containing or capable of producing and

emitting any noxious liquid, gas, or substance. "Dangerous weapon" does not include

a spray or aerosol containing CS, also known as ortho-chlorobenzamalonitrile; CN,

also known as alpha-chloroacetophenone; or other irritating agent intended for use in

the defense of an individual, nor does the term include a device that uses voltage for

the defense of an individual, unless the device uses a projectile and voltage or the

device uses a projectile and may be used to apply multiple applications of voltage

during a single incident, then the term includes the device for an individual who is

prohibited from possessing a firearm under this title.

2. "Direct supervision of an adult" means that an adult is present in such close proximity

so as to be capable of observing and directing the actions of the individual supervised.

3. "Firearm" or "weapon" means any device that expels or is readily capable of expelling

a projectile by the action of an explosive and includes any such device, loaded or

unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun,

bazooka, or cannon.

4. "Gaming site" means any room or premises licensed by the attorney general or by a

city or county governing body to conduct legal gaming operations.

5. "Government building" means a building which is owned, possessed, or used by or

leased to the state of North Dakota, or any of its political subdivisions.

6. "Handgun" means any firearm that is not designed to be fired from the shoulder, which

has a barrel less than sixteen inches [40.64 centimeters] long, and which is capable of

firing, by the energy of an explosive in a fixed metallic cartridge, an exposed projectile

through a rifled bore. The term includes all firearms that are designed to be readily

modified between rifle and pistol forms, if in compliance with the National Firearms Act

[26 U.S.C. 5801-5872].

7. "Law enforcement officer" means:

a. A public servant authorized by law or by a government agency or branch to

enforce the law and to conduct or engage in investigations or prosecutions for

violations of law; or

b. A retired public servant in good standing who:

(1) Was authorized by law or by a government agency or branch for at least ten

years to enforce the law and to conduct or engage in investigations or

prosecutions for violations of law or who was separated from service due to

a service-related physical disability;

(2) Maintains the;

(a) Same level of firearms proficiency as is required by the peace officers

standards and training board for law enforcement officers, maintains

the standards for qualifications in firearms training for active law

enforcement officers as determined by the former agency of the

individual in the state in which the individual resides;

(b) Standards used by a certified firearms instructor qualified to conduct a

firearms qualification test for active duty officers in the state in which

the individual resides; or

(c) Standards for qualification in firearms training as determined by the

attorney general used by a certified concealed weapon test

administrator qualified to conduct a firearms qualification test by the

attorney general for retired officers in the state or out-of-state;

(3) Has a photo identification card issued by a local law enforcement agency

which identifies the individual as having been employed by a government

agency or branch as a law enforcement officer and indicates the individual

has passed the firearms proficiency test within twelve months from the date

of issue; and

(4) Has not been found by a qualified medical professional to be unqualified for

reasons relating to mental health or entered an agreement with a

government agency or branch in which the public servant acknowledges a

lack of qualifications for reasons relating to the mental health of the public

servant.

8. "Machine gun, submachine gun, or fully automatic rifle" means a firearm, mechanism,

or instrument not requiring that the trigger be pressed for each shot, and having a

reservoir, belt, or other means of storing and carrying ammunition which can be loaded

into the firearm, mechanism, or instrument and fired therefrom at a rate of five or more

shots to the second. The term does not include a binary trigger that fires one round

upon the pull of the trigger and one round upon release of the trigger.

9. "Mentally deficient individual" means any individual, minor or adult other than a

mentally ill individual, who is so mentally defective as to be incapable of managing that

individual's affairs and to require supervision, control, and care for that individual's own

or the public welfare.

10. "Plain view" means the handgun is placed in such a location or carried in such a

position as to be easily discernible by the ordinary observation of a passerby. In a

motor vehicle, this includes being placed on the seat, dashboard, or in a gunrack as

long as the handgun is not covered or is in any other way concealed from view.

11. "Possession" means an individual has:

a. Direct physical control of something on or around the individual's person; or

b. The power and intention to exercise control over something accessible to but not

on or around the individual's person.

12. "Rifle" means any firearm designed or redesigned, made or remade, and intended to

be fired from the shoulder and using the energy of the explosive in a fixed metallic

cartridge to fire only a single projectile through a rifled bore for each pull of the trigger.

13. "Secured" means the firearm is closed into the trunk or nonpassenger part of the

vehicle; placed into a closed and secure carrying device; rendered inoperative by the

use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the

firearm incapable of firing until the device is unlocked and removed; or so

disassembled or disabled as to be rendered incapable of firing.

14. "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches

[40.64 centimeters] in length and any firearm made from a rifle, whether by alteration,

modification, or otherwise, if the firearm, as modified, has an overall length of less than

twenty-six inches [66.04 centimeters].

15 "Short-barreled shotgun" means a shotgun having one or more barrels less than

eighteen inches [45.72 centimeters] in length and any firearm made from a shotgun,

whether by alteration, modification, or otherwise, if the firearm, as modified, has an

overall length of less than twenty-six inches [66.04 centimeters].

16. "Shotgun" means a firearm designed or redesigned, made or remade, and intended to

be fired with one hand below or behind and one hand in front of the breach, which

uses the energy of the explosive in a fixed shotgun shell to fire through a smooth or a

rifled bore either a number of ball shot or a single projectile for each single pull of the

trigger.

17. "Silencer" means any device for or attached to any firearm which will silence or

deaden the sound or natural report of the firearm when it is discharged.

18. "Unloaded" means the chamber of the firearm does not contain a loaded shell. If the

firearm is a revolver, then none of the chambers in the cylinder may contain a loaded

shell.
N.D. Cent. Code § 62.1-03-06 — ND Code / Title 62.1 / Chapter 62.1-03 / Section 62.1-03-06
62.1-03-06. General penalty
Status: in_force

62.1-03-06. General penalty

Any person who violates any provision of this chapter, for which another penalty is not

specifically provided, is guilty of a class A misdemeanor.
N.D. Cent. Code § 62.1-01-05 — ND Code / Title 62.1 / Chapter 62.1-01 / Section 62.1-01-05
62.1-01-05. Law enforcement agency and concealed weapons test administrator certification - Records
Status: in_force

62.1-01-05. Law enforcement agency and concealed weapons test administrator

certification - Records.

1. A law enforcement agency or a concealed weapon test administrator may certify an

individual has maintained the qualifications under section 62.1-01-01, but may not

qualify an individual to carry a concealed firearm under the Law Enforcement Officer's

Safety Act Improvement Act of 2010 [Pub. L. 111-272].

2. A law enforcement agency and a concealed weapon test administrator shall forward to

the peace officer standards and training board a record of all individuals who have

successfully completed a proficiency qualification course.
N.D. Cent. Code § 62.1-02-10 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-10
62.1-02-10. Carrying loaded firearm in certain vehicles prohibited - Penalty - Exceptions
Status: in_force

62.1-02-10. Carrying loaded firearm in certain vehicles prohibited - Penalty -

Exceptions.

An individual may not keep or carry a loaded firearm in or on any motor vehicle, including

an off-highway vehicle or snowmobile in this state. An individual violating this section is guilty of

an infraction. This prohibition does not apply to:

1. A member of the armed forces of the United States or national guard, organized

reserves, state defense forces, or state guard organizations while possessing the

firearm issued to the member by the organization and while on official duty.

2. A law enforcement officer.

3. An individual possessing a valid concealed weapons license from this state or who has

reciprocity under section 62.1-04-03.1 with a handgun.

4. An individual who possesses a rifle or shotgun, is not in the field hunting or trapping,

and possesses a valid concealed weapons license from this state or has reciprocity

under section 62.1-04-03.1.

5. An individual in the field engaged in lawful hunting or trapping of nongame species or

fur-bearing animals.

6. A security guard or private investigator properly licensed to carry firearms.

7. An individual possessing a valid special permit issued pursuant to section 20.1-02-05.

8. An individual with a handgun who is not otherwise precluded from possessing a

class 2 firearm and dangerous weapon license under chapter 62.1-04 and who

possesses a valid driver's license or nondriver identification card issued by the

department of transportation or by the individual's state or territory of residence.

9. An individual who possesses a rifle or shotgun, is not in the field hunting or trapping,

and is not otherwise precluded from possessing a class 2 firearm and dangerous

weapon license under chapter 62.1-04 and possesses a valid driver's license or

nondriver identification card issued by the department of transportation or by the

individual's state or territory of residence.
N.D. Cent. Code § 62.1-05-03 — ND Code / Title 62.1 / Chapter 62.1-05 / Section 62.1-05-03
62.1-05-03. Chief law enforcement officer certification - Certain firearms
Status: in_force

62.1-05-03. Chief law enforcement officer certification - Certain firearms

1. For purposes of this section:

a. "Certification" means the participation and assent of the chief law enforcement

officer necessary under federal law for the approval of the application to transfer

or make a firearm. A chief law enforcement officer is not required to make any

certification under this section the officer knows to be untrue, but the officer may

not refuse to provide certification based on a generalized objection to private

persons or entities making, possessing, or receiving firearms or any certain type

of firearm the possession of which is not prohibited by law.

b. "Chief law enforcement officer" means any official, or the designee of the official,

the bureau of alcohol, tobacco, firearms and explosives, or any successor

agency, identified by regulation as eligible to provide any required certification for

the making or transfer of a firearm.

c. "Firearm" has the same meaning as provided in the National Firearms Act

[26 U.S.C. § 5845(a)].

2. When a chief law enforcement officer's certification is required by federal law or

regulation for the transfer or making of a firearm, the chief law enforcement officer,

within thirty days of receipt of a request for certification, shall provide the certification if

the applicant is not prohibited by law from receiving or possessing the firearm or is not

the subject of a proceeding that could result in the applicant being prohibited by law

from receiving or possessing the firearm. If the chief law enforcement officer is unable

to make a certification as required by this section, the officer shall provide the applicant

with a written notification of the denial and the reason for this determination.

3. In making the certification required by subsection 2, a chief law enforcement officer or

designee may require the applicant to provide only the information as is required by

federal or state law to identify the applicant and conduct a criminal background check,

including a check of the national instant criminal background check system, or to

determine the disposition of an arrest or proceeding relevant to the applicant's

eligibility to lawfully possess or receive a firearm. A chief law enforcement officer may

not require access to or consent for an inspection of any private premises as a

condition of making a certification under this section.

4. Chief law enforcement officers and their employees who act in good faith are immune

from liability arising from any act or omission in making a certification as required by

this section.

5. An applicant whose request for certification is denied may appeal the chief law

enforcement officer's decision to the district court for the county in which the applicant

resides in accordance with the procedures provided in section 28-34-01. If the court

finds that the applicant is not prohibited by law from receiving or possessing the

firearm, or is not the subject of a proceeding that could result in the prohibition, or that

there is insufficient evidence to support the chief law enforcement officer's

determination that the officer cannot truthfully make the certification, the court shall

order the chief law enforcement officer to issue the certification and award court costs

and reasonable attorney's fees to the applicant.
N.D. Cent. Code § 62.1-03-05 — ND Code / Title 62.1 / Chapter 62.1-03 / Section 62.1-03-05
62.1-03-05. Prohibited alterations to firearms
Status: in_force

62.1-03-05. Prohibited alterations to firearms

A person may not change, alter, remove, or obliterate any mark of identification on a

firearm, including the name of the maker, model, or manufacturer's number or knowingly

possess a firearm on which these alterations have been made. Possession of any firearm upon

which any identification mark has been changed, altered, removed, or obliterated creates a

rebuttable presumption that the possessor made the alterations.
N.D. Cent. Code § 62.1-01-03 — ND Code / Title 62.1 / Chapter 62.1-01 / Section 62.1-01-03
62.1-01-03. Limitation on authority of political subdivision regarding firearms - Civil action
Status: in_force

62.1-01-03. Limitation on authority of political subdivision regarding firearms - Civil

action.

1. A political subdivision, including home rule cities or counties, may not enact any

ordinance relating to the purchase, sale, ownership, possession, transfer of ownership,

registration, or licensure of firearms and ammunition which is more restrictive than

state law. All such existing ordinances are void.

2. A political subdivision, including home rule cities or counties, may not enact a zoning

ordinance relating to the purchase, sale, ownership, possession, transfer of ownership,

registration, or licensure of firearms and ammunition. All such existing ordinances are

void.

3. This section does not limit the ability of a political subdivision, including home rule

cities or counties, to enforce an ordinance or zoning regulation relating to a business

operation if the restriction in the ordinance or regulation:

a. Applies equally to all persons engaging in commerce within the area subject to

the ordinance or regulation; and

b. Is not specifically related to the purchase, sale, ownership, possession, transfer

of ownership, registration, or licensure of firearms and ammunition.

4. The absence of a state law restriction relating to the purchase, sale, ownership,

possession, transfer of ownership, registration, or licensure of firearms and

ammunition may not be construed to allow a political subdivision, including a home

rule city or county, to enact an ordinance restricting the purchase, sale, ownership,

possession, transfer of ownership, registration, or licensure of firearms and

ammunition.

5. A person aggrieved under this section may bring a civil action against a political

subdivision for damages as a result of an unlawful ordinance.
N.D. Cent. Code § 62.1-01-02 — ND Code / Title 62.1 / Chapter 62.1-01 / Section 62.1-01-02
62.1-01-02. Forfeiture of dangerous weapon or firearm by person arrested and convicted of crime
Status: in_force

62.1-01-02. Forfeiture of dangerous weapon or firearm by person arrested and

convicted of crime.

1. Any firearm or dangerous weapon used or possessed while in the commission of a

felony or a misdemeanor involving violence or intimidation must be seized and, upon

conviction and by motion, forfeited to the jurisdiction in which the arrest was made or

the jurisdiction in which the charge arose. Except as provided in chapter 29-01 for

stolen property, the forfeited dangerous weapon may be, pursuant to court order, sold

at public auction, sold or traded to other law enforcement agencies or dealers, retained

for use, or destroyed.

2. Notwithstanding any other provision of law; and subject to the duty to return firearms to

innocent owners under this section, section 29-31.1-02, and as provided in chapter

29-01 for stolen property; all firearms, as defined in section 62.1-01-01, which are

forfeited, recovered as stolen and unclaimed, or abandoned to any law enforcement

agency of this state or a political subdivision of this state, including the game and fish

department, or that are otherwise acquired by the state or a political subdivision of the

state and are no longer needed, shall be disposed of as provided in this section.

Except as provided in chapter 29-01 for stolen property, this section does not apply to

firearms that are seized or confiscated and disposed of under chapter 20.1-10.

3. a. Before the disposal of any firearm under this section, the agency with custody of

the firearm shall use its best efforts to determine if the firearm has been lost by, or

stolen or otherwise unlawfully obtained from, an innocent owner and, if so, shall

provide notification to the innocent owner of its custody of the firearm. An

innocent owner may also notify the agency to claim a firearm.

b. After notification, the agency shall return the firearm to its innocent owner

provided the owner submits sufficient proof of ownership, as determined by the

agency, and pays the costs, if any, of returning the firearm to the innocent owner.

Costs are limited to the actual costs of shipping to the innocent owner and

associated costs from any transfer and background check fees charged when

delivering the firearm to the innocent owner.

c. If six months elapse after notification to the innocent owner of the custody of the

firearm by an agency and the innocent owner fails to bear the costs of return of

his or her firearm or fails to respond to the agency notification, or if six months

elapse after notice of a claim by an innocent owner and the innocent owner fails

to bear the costs of return of the innocent owner's firearm or take away the

innocent owner's firearm, then the agency shall dispose of the firearm as

provided in this section.

4. a. Except as provided in subdivision b of subsection 3 or subsection 5, the agency

shall dispose of the firearms that it receives under subsection 2 by sale at public

auction to persons that may lawfully possess a firearm and persons licensed as

firearms collectors, dealers, importers, or manufacturers under the provisions of

18 U.S.C. section 921 et seq., and authorized to receive such firearms under the

terms of the licenses.

b. The auction required by this subsection may occur online on a rolling basis or at

live events, but in no event may the auction occur less frequently than once every

year during any time the agency has an inventory of saleable firearms. The

agency shall establish a procedure to notify persons of its auctions.

c. The agency may not retain proceeds above that which are necessary to cover the

costs of administering this subsection, with any surplus to be transferred to the

general fund of the jurisdiction in which the agency is located, provided that an

agency may be reimbursed for any firearms formerly in use by the agency that

are sold under this section.

d. Employees of the agency are not eligible to bid on the firearms at an auction

conducted under this subsection, and except for the amounts authorized under

subdivision c of this subsection, neither the agency nor its employees may retain

any proceeds from any sale required by this subsection, nor may the agency or

its employees retain any firearm required to be sold under this subsection.

5. a. The requirements of subsection 4 do not apply to a firearm if there are not any

bids from eligible persons received within six months from when bidding opened

on the firearm, or if the agency director, sheriff, chief of police, or a designee of

the official certifies that the firearm is unsafe for use because of wear, damage,

age, or modification or because any federal or state law prohibits the sale or

distribution of the firearm. The agency director, sheriff, chief of police, or a

designee of the official, may transfer any of these firearms to the attorney

general's crime laboratory for training or experimental purposes, or to a museum

or historical society that displays these items to the public and is lawfully eligible

to receive the firearm, or the firearm may be destroyed. The requirements of

subsection 4 do not apply to a firearm and an agency director, sheriff, chief of

police, or a designee of the official may destroy the firearm, if:

(1) The firearm was used in a violent crime, in an accidental shooting, or a

self-inflicted shooting resulting in the death of an individual;

(2) There is not a claim for the firearm by an innocent owner; and

(3) A family member of the deceased individual makes a written request for the

destruction of the firearm.

b. Agencies subject to the provisions of this subsection may establish a procedure

to destroy firearms and may expend necessary funds for that purpose.

6. All agencies subject to the provisions of this section shall keep records of the firearms

acquired and disposed of as provided in this section, as well as the proceeds of the

sales and the disbursement of the proceeds, and shall maintain these records for not

less than ten years from the date on which a firearm is disposed of or on which a

disbursement of funds is made, as the case may be.

7. Neither the state nor any political subdivision of the state, nor any of their officers,

agents, and employees, is liable to any person, including the purchaser of a firearm,

for personal injuries or damage to property arising from the sale or disposal of a

firearm under subsection 4 or 5 of this section, unless an officer, agent, or employee of

the state or political subdivision acted with gross negligence or recklessness.

8. As used in this section, the term "innocent owner" means a person who:

a. Did not beforehand know or in the exercise of ordinary care would not have

known of the conduct which caused that person's firearm to be forfeited, seized,

or abandoned to any law enforcement agency of the state or any political

subdivision of the state, including the game and fish department;

b. Did not participate in the commission of a crime or delinquent act involving that

person's firearm;

c. Legally owned and presently owns the firearm forfeited, seized, or abandoned;

and

d. Is authorized by state and federal law to receive and possess his or her firearm.
N.D. Cent. Code § 62.1-03-01 — ND Code / Title 62.1 / Chapter 62.1-03 / Section 62.1-03-01
62.1-03-01. Carrying handgun - Limitations - Exceptions
Status: in_force

62.1-03-01. Carrying handgun - Limitations - Exceptions

1. Unless otherwise prohibited by law, an individual may carry a handgun if the handgun

is unloaded and in plain view or secured.

2. A limitation under subsection 1 does not apply to:

a. An individual possessing a valid concealed weapons license from this state, an

individual not otherwise precluded from possessing a class 2 firearm and

dangerous weapon license under chapter 62.1-04 and who possesses a valid

driver's license or nondriver identification card issued by the department of

transportation or by the individual's state or territory of residence, or an individual

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 who possesses active law enforcement credentials.

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.D. Cent. Code § 62.1-02-01.1 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-01.1
62.1-02-01.1. Restoration of right to possess firearm
Status: in_force

62.1-02-01.1. Restoration of right to possess firearm

1. An individual prohibited from possessing a firearm due to a conviction of a felony

under subdivision b of subsection 1 of section 62.1-02-01 may petition the district court

for restoration of the individual's firearm rights. If the felony offense was committed in

this state, the petition must be filed with the district court in the county where the

offense occurred. If the offense was a felony of another state or the federal

government, the petition must be filed in the venue where the rights of the individual

were revoked. A copy of the petition must be served on the state's attorney's office in

the county where the petition is filed in accordance with Rule 5 of the North Dakota

Rules of Civil Procedure. The state's attorney's office has twenty days to file a written

response to the petition with the district court.

2. The district court may restore the right of an individual to possess a firearm if the court

determines, by clear and convincing evidence, that all of the following circumstances

exist:

a. The individual has paid all fines imposed for the violation resulting in the

prohibition;

b. The individual has served all terms of imprisonment imposed for the violation

resulting in the prohibition;

c. The individual has successfully completed all conditions of probation or parole

imposed for the violation resulting in the prohibition; and

d. The individual's record and reputation are such that the individual is not likely to

act in a manner dangerous to the safety of others.
N.D. Cent. Code § 62.1-02-14 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-14
62.1-02-14. Armed first responder in schools - Possession of a concealed weapon - Liability
Status: in_force

62.1-02-14. Armed first responder in schools - Possession of a concealed weapon -

Liability.

1. The superintendent of public instruction, in consultation with the department of

emergency services and the attorney general, shall adopt rules to administer this

section and develop criteria for approval of plans under this section.

2. The superintendent of public instruction may accept a proposal from a public school,

upon approval by the school board or governing board, indicating the intention by the

school to participate in an armed first responder program.

3. Within ninety days of informing the superintendent of public instruction of the intent to

participate in the program, the school shall:

a. Identify the individual selected by the school to participate in the program and

attend training to become the school's armed first responder;

b. Submit a plan to the superintendent of public instruction specifying how the

school will implement the program; and

c. Participate in a comprehensive emergency operations assessment for the

purpose of identifying school crisis and emergency threats and risks.

4. The plan submitted by the school to the superintendent of public instruction is a

security system plan as defined in section 44-04-24 and a public health and security

plan as defined in section 44-04-25. The plan continues to be an exempt record after

the required disclosures of the plan under this section.

5. The plan submitted by the school to the superintendent of public instruction must show

response time from law enforcement.

6. The plan submitted by the school to the superintendent of public instruction must be

approved by local law enforcement and the department of homeland security.

7. The plan submitted by the school to the superintendent of public instruction must

require the selected individual to complete the course established by the private

investigative and security board. The private investigative and security board shall

establish standards equivalent to the South Dakota school sentinel program and may

license and certify course instructors, audit the course, and set administrative fees for

licensure and certification.

8. An individual selected to become an armed first responder for a school participating in

the program:

a. Must be a retired law enforcement officer or meet the requirements of

subsection 7;

b. Must be a citizen of the United States;

c. Must be at least twenty-one years old;

d. Shall complete a criminal background check successfully and be approved by the

local law enforcement agencies with jurisdiction over the school premises where

the individual will be an armed first responder;

e. Must be a high school graduate or meet equivalency standards;

f. Shall complete successfully a physical performed by a physician or an advanced

practice registered nurse and a mental evaluation by a qualified mental health

provider who certifies the individual is capable of performing the duties of an

armed first responder;

g. Shall complete successfully a faculty and administrator safety training and

emergency response program in addition to the requirements under subsection 7;

h. Must be approved by the school board or governing board to carry a firearm

concealed on school property;

i. Shall possess a valid class 1 firearm license from this state; and

j. May not be directly responsible for the supervision of children while serving as an

armed first responder.

9. An individual selected to become an armed first responder at a school participating in

the program shall cooperate in training with local law enforcement for school

emergencies to provide a coordinated response to building lockdown and active killer

events. The individual shall attend annual training and recertification courses

consisting of a minimum of ten hours of instruction and a skills evaluation assessment.

10. The school board or governing board of any school participating in the program shall

inform local law enforcement, in writing, of the name of the individual authorized by the

school to participate in the program.

11. The school board or governing board of any school participating in the program shall

ensure the district participates in annual active shooter training.

12. An individual selected as an armed first responder may not carry a firearm concealed

or a dangerous weapon on school premises unless:

a. The individual has been approved by the school board or governing board under

subsection 8;

b. The individual has completed the armed first responder curriculum requirements

under subsections 7 and 8; and

c. The individual completes the armed first responder recertification course

requirements every twelve months.

13. A firearm or dangerous weapon carried by an armed first responder on school

premises must remain concealed and under the direct control of the certified armed

first responder or stored in a lockbox accessible only by the armed first responder.

14. The school board or governing board shall approve a posttraumatic stress disorder

treatment program for armed first responders.

15. The school board or governing board may withdraw a school from participation in the

program at any time.

16. A school participating in the program shall provide program evaluation data to the

superintendent of public instruction at the time and in the manner requested by the

superintendent of public instruction.

17. The board of a school district or the governing body of a nonpublic school may

establish a program for providing a plan to establish a school first responder which

includes authorizing an individual to conceal and carry a weapon if the individual has

received education and training in accordance with this section.

18. A staff member may choose not to function in the capacity of a school first responder.

19. An individual authorized to work as a first responder under subsection 17, a school

district, the board of a school district, or the governing body of a nonpublic school that

establishes a first responder program is not civilly or criminally liable for any act or

omission of the first responder if the first responder is acting in good faith while

providing protection to a student or the school, except if the first responder's conduct

amounts to gross negligence.
N.D. Cent. Code § 62.1-02-04 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-04
62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment prohibited - Penalty - Exceptions
Status: in_force

62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment

prohibited - Penalty - Exceptions.

1. An individual who enters or remains in that part of the establishment set aside for the

retail sale of alcoholic beverages and the consumption of purchased alcoholic

beverages or used as a gaming site at which bingo is the primary gaming activity while

that individual knowingly possesses a firearm or dangerous weapon is guilty of an

infraction. In addition, an individual is guilty of an offense under this section for the

knowing possession of a device that uses a projectile and voltage or a device that

uses a projectile and may be used to apply multiple applications of voltage during a

single incident in the part of an establishment set aside for the retail sale and

consumption of alcoholic beverages.

2. This section does not apply to:

a. A law enforcement officer.

b. The proprietor.

c. The proprietor's employee.

d. A designee of the proprietor when the designee is displaying an unloaded firearm

or dangerous weapon as a prize or sale item in a raffle or auction.

e. Private security personnel while on duty for the purpose of delivering or receiving

moneys used at the liquor establishment or at the gaming site at which bingo is

the primary gaming activity.

f. The restaurant part of an establishment if an individual under twenty-one years of

age is not prohibited in that part of the establishment.
N.D. Cent. Code § 62.1-02-09 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-09
62.1-02-09. Possession of explosive and destructive device in government building - Penalty
Status: in_force

62.1-02-09. Possession of explosive and destructive device in government building -

Penalty.

A person, except for a law enforcement officer while on official business, is guilty of a class

C felony if the person possesses an explosive or destructive device in a government building

without the written consent of the government agency or person responsible for the

management of the building.
N.D. Cent. Code § 62.1-03-02 — ND Code / Title 62.1 / Chapter 62.1-03 / Section 62.1-03-02
62.1-03-02. Selling handgun to minors prohibited - Penalty
Status: in_force

62.1-03-02. Selling handgun to minors prohibited - Penalty

Any person who sells, barters, hires, lends, or gives any handgun to any minor is guilty of a

class A misdemeanor. This section does not prohibit a person from lending or giving a handgun

to a minor if the minor will be using the handgun under the direct supervision of an adult and for

the purpose of firearm safety training, target shooting, or hunting.
N.D. Cent. Code § 62.1-02-07 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-07
62.1-02-07. Use of firearm by certain minors prohibited - Penalty
Status: in_force

62.1-02-07. Use of firearm by certain minors prohibited - Penalty

Any parent, guardian, or other person authorized by the parent or guardian of any minor

under fifteen years of age who permits that minor to carry or use any firearm of any description

loaded with powder and projectile in public, is guilty of a class B misdemeanor. This section

does not apply if the minor is under the direct supervision of the parent, guardian, or other

person authorized by the parent or guardian.
N.D. Cent. Code § 62.1-04-03.1 — ND Code / Title 62.1 / Chapter 62.1-04 / Section 62.1-04-03.1
62.1-04-03.1. Reciprocity
Status: in_force

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.
N.D. Cent. Code § 62.1-02-05.1 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-05.1
62.1-02-05.1. Brandishing a dangerous weapon
Status: in_force

62.1-02-05.1. Brandishing a dangerous weapon

Unless otherwise provided by law and subject to sections 12.1-17-04, 12.1-17-05, and

12.1-31-01, an individual may brandish a dangerous weapon while on property owned or leased

by the individual.
N.D. Cent. Code § 62.1-02-10.1 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-10.1
62.1-02-10.1. Carrying a loaded firearm in vehicle while hunting - Penalty
Status: in_force

62.1-02-10.1. Carrying a loaded firearm in vehicle while hunting - Penalty

An individual who is in the field engaged in the lawful hunting of big game or small game

and who violates section 62.1-02-10 is not subject to a criminal penalty but is guilty of a class 2

noncriminal offense under chapter 20.1-01.
N.D. Cent. Code § 62.1-01-04 — ND Code / Title 62.1 / Chapter 62.1-01 / Section 62.1-01-04
62.1-01-04. Firearm buyback program - Prohibited
Status: in_force

62.1-01-04. Firearm buyback program - Prohibited

1. As used in this section, "firearm buyback program" means a program to purchase

privately owned firearms, firearm parts, or ammunition from private individuals or

organizations for the purpose of providing cash, gifts, or vouchers; or reducing the

number of firearms, firearm parts, or ammunition owned by civilians; or permitting a

civilian to sell a firearm to the government without fear of prosecution. The term does

not include the purchase of firearms, firearm parts, or ammunition from a licensed

firearms dealer, or a program to purchase firearms, firearm parts, or ammunition for

law enforcement purposes.

2. A state agency, political subdivision, or any law enforcement agency of this state may

not conduct a firearm buyback program or participate in the implementation,

administration, or operation of a firearm buyback program.

3. A state agency, political subdivision, or any law enforcement agency of this state may

not expend any taxpayer dollars for the purpose of implementing, administering, or

otherwise operating a firearm buyback program.

4. A violation of this section is a class A misdemeanor.
N.D. Cent. Code § 62.1-04-05 — ND Code / Title 62.1 / Chapter 62.1-04 / Section 62.1-04-05
62.1-04-05. Penalty
Status: in_force

62.1-04-05. Penalty

Any person who violates this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 62.1-05-02 — ND Code / Title 62.1 / Chapter 62.1-05 / Section 62.1-05-02
62.1-05-02. Persons exempt from chapter
Status: in_force

62.1-05-02. Persons exempt from chapter

This chapter does not apply to:

1. The authorized agent and a servant of a person who has a license to purchase, sell,

have, or possess a machine gun, submachine gun, fully automatic rifle, silencer, or a

bomb loaded with explosives or poisonous or dangerous gases.

2. Any officer or member of a duly authorized military organization while on official duty

and using the firearm or dangerous weapon issued to the officer or member by that

organization.

3. A North Dakota law enforcement officer.

4. Any federal officer authorized by the federal government to have or possess a

machine gun, submachine gun, fully automatic rifle, silencer, or bomb loaded with

explosives or poisonous or dangerous gases.
N.D. Cent. Code § 62.1-04-02 — ND Code / Title 62.1 / Chapter 62.1-04 / Section 62.1-04-02
62.1-04-02. Carrying concealed firearms or dangerous weapons - License distinctions
Status: in_force

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

distinctions.

1. An individual, other than a law enforcement officer, may not carry a firearm or

dangerous weapon concealed unless the individual is licensed to do so or exempted

under this chapter.

2. An individual who is not otherwise precluded from possessing a class 2 firearm and

dangerous weapon license under this chapter and who possesses a valid driver's

license or nondriver identification card issued by the department of transportation or by

the individual's state or territory of residence may carry a firearm concealed under this

chapter.

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.

4. For purposes of this chapter, the difference between a class 1 and class 2 firearm and

dangerous weapon license is only the extent to which a holder of either license may be

eligible to receive reciprocal rights in other jurisdictions. A class 1 firearm and

dangerous weapon licenseholder is eligible to receive reciprocal rights in more

jurisdictions than a class 2 firearm and dangerous weapon licenseholder. The rights

and privileges conveyed by a class 1 or class 2 firearm and dangerous weapon license

within the state are identical.
N.D. Cent. Code § 62.1-03-04 — ND Code / Title 62.1 / Chapter 62.1-03 / Section 62.1-03-04
62.1-03-04. False information prohibited
Status: in_force

62.1-03-04. False information prohibited

No person, in purchasing or otherwise securing delivery of a handgun or in applying for a

license to carry the handgun concealed, may give false information or offer false evidence of the

person's identity.
N.D. Cent. Code § 62.1-02-08 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-08
62.1-02-08. Illegal firearms, ammunition, or explosive materials business
Status: in_force

62.1-02-08. Illegal firearms, ammunition, or explosive materials business

1. A person is guilty of an offense if the person supplies a firearm, ammunition, or

explosive material to, or procures or receives a firearm, ammunition, or explosive

material for, a person prohibited by this title from receiving it if the transferor knows or

has reasonable cause to believe that such person is prohibited by section 62.1-02-01

from receiving or possessing it.

2. The offense is a class C felony if the actor:

a. Was not licensed or otherwise authorized by law to handle, transfer, or engage in

transactions with respect to the firearm, destructive device, or explosive material;

or

b. Engaged in the forbidden transaction under circumstances manifesting the actor's

readiness to supply or procure on other occasions in disregard of lawful

restrictions.

Otherwise the offense is a class A misdemeanor.
N.D. Cent. Code § 62.1-03-03 — ND Code / Title 62.1 / Chapter 62.1-03 / Section 62.1-03-03
62.1-03-03. Copy of federal license submitted to law enforcement officials
Status: in_force

62.1-03-03. Copy of federal license submitted to law enforcement officials

A retail dealer licensed to sell handguns by the federal government shall send a copy of the

license, within seven days after receiving it, to the chief of police of the city and the sheriff of the

county in which the dealer is licensed to sell handguns.
N.D. Cent. Code § 62.1-05-01 — ND Code / Title 62.1 / Chapter 62.1-05 / Section 62.1-05-01
62.1-05-01. Possession and sale of machine guns, automatic rifles, silencers, and bombs - Penalty - Forfeiture
Status: in_force

62.1-05-01. Possession and sale of machine guns, automatic rifles, silencers, and

bombs - Penalty - Forfeiture.

1. A person may not purchase, sell, have, or possess a machine gun, fully automatic rifle,

silencer, or bomb loaded with explosives or poisonous or dangerous gases, or any

other federally licensed firearm or dangerous weapon unless that person has complied

with the National Firearms Act [26 U.S.C. 5801-5872].

2. A person who violates this section is guilty of a class C felony. Upon arrest of that

person, the firearm or dangerous weapon must be seized. Upon conviction of the

person and motion to the court in which the conviction occurred, the firearm or

dangerous weapon must be forfeited to the jurisdiction in which the arrest was made.

The firearm or dangerous weapon may be sold at public auction, retained for use, or

destroyed pursuant to the court's order. If a qualified local program as defined under

section 12.1-32-02.2 has paid a reward for information that resulted in forfeiture of the

item and the item has been sold, the jurisdiction shall, after payment of expenses for

forfeiture and sale, repay the qualified local program for the reward that it has paid.
N.D. Cent. Code § 62.1-02-06 — ND Code / Title 62.1 / Chapter 62.1-02 / Section 62.1-02-06
62.1-02-06. Discharge of firearm within city - Penalty - Application
Status: in_force

62.1-02-06. Discharge of firearm within city - Penalty - Application

A person who discharges a firearm within a city is guilty of a class B misdemeanor. This

section does not apply to the lawful discharge of firearms by law enforcement officers, by

citizens in defense of person or property, or by participants in lawful activities in which discharge

of firearms is a recognized part of the activity, including shooting galleries and ranges.