No person in purchasing or securing delivery of a handgun or in applying for a license to carry a handgun concealed may give false information or false evidence of the person’s identity.

It is unlawful to sell a handgun to a minor. However, this does not prohibit a person from lending or giving a handgun to a minor if he or she will be using the handgun under direct supervision of an adult. No person may transfer a handgun to any person who the transferor knows or has reasonable cause to believe is prohibited from possessing a firearm. It is unlawful to supply a firearm or ammunition to, or procure or receive a firearm or ammunition for; a person prohibited from receiving it if the transferor knows or has reasonable cause to believe that such person is prohibited from receiving or possessing it.

State law applies different prohibitions on possession of firearms depending on the kind of adjudication or underlying conviction involved:

• A person convicted in any jurisdiction of a felony offense involving violence or intimidation is prohibited from the date of conviction and continuing for a ten-year period running from the date of release from incarceration, parole, or probation, whichever is latest. N.D. Cent. Code § 62.1-02-01(1)(a).
• A person convicted in any jurisdiction of any other felony offense, or convicted of a class A misdemeanor offense involving violence or intimidation (or an equivalent offense in another jurisdiction) and the offense was committed while using or possessing a firearm, a dangerous weapon, a destructive device or an explosive, is prohibited from the date of conviction and continuing for a five-year period running from the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest. N.D. Cent. Code § 62.1-02-01(1)(b).
• A person who is or has ever been diagnosed and confined or committed to a hospital or other institution in any jurisdiction by a court of competent jurisdiction due to being mentally ill, having a substance use disorder, or for being a mentally deficient individual, is prohibited until the person has the petition that provided the basis for the diagnosis, confinement, or commitment dismissed, or who has successfully petitioned in the state for a restoration of firearm rights, or has not suffered from the disability for the previous three years. N.D. Cent. Code § 62.1-02-01(1)(c).

There is an additional, limited exception for a convicted felon who has not been sentenced as a violent offender under N.D. Cent. Code § 12.1-32-09.1. He or she may possess a rifle that has a barrel at least 16 inches long or a shotgun with a barrel at least 18 inches long, if the gun is (1) a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899, or a replica of such a firearm, 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; or (2) 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 § 62.1-02-01(3).

A “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 the court may have suspended execution or deferred imposition of the sentence, placed the person on probation, the offense was committed when the person was subject to juvenile adjudication or proceedings, or the sentence or offense had been reduced. N.D. Cent. Code §§ 62.1-02-01(2).

A person under the age of 18 may not possess a handgun unless the possession occurs only under direct adult supervision for purposes of firearm safety training, target shooting, or hunting. N.D. Cent. Code § 62.1-02-01(1)(d).

It is a felony to possess, use, obtain, receive or sell a short-barreled rifle or a short-barreled shotgun, unless the person is (1) a law enforcement officer acting in the course of or in connection with his or her official duties, (2) 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 gun issued to the member by that organization and while on official duty, or (3) a person in compliance with the National Firearms Act. A “short-barreled rifle” means a rifle having one or more barrels less than 16 inches 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 26 inches. A “short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches long 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 26 inches. N.D. Cent. Code §§ 62.1-02-03, 62.1-01-01(13) and (14) (definitions).

It is a felony to possess (or purchase, sell, or have) 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 federal National Firearms Act.  Upon conviction, the firearm or dangerous weapon is forfeited to the jurisdiction in which the arrest was made, and may be sold at public auction, retained for use, or destroyed pursuant to the court’s order. A “machine 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 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. A “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. N.D. Cent. Code §§ 62.1-05-01, 62.1-01-01(8), (16) (definitions).

The above prohibition does not apply to a North Dakota law enforcement officer; anyone authorized by 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; any officer or member of a duly authorized military organization while on official duty when using the firearm or dangerous weapon issued to that person; or any federal officer authorized 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 §§ 62.1-05-02.

Knowingly possessing a firearm in a liquor establishment for the retail sale of alcoholic beverages and the consumption of purchased alcoholic beverages onsite, or at a gaming site where bingo is the primary gaming activity, is prohibited. This does not apply to law enforcement officers, proprietors and their employees, a designee of the proprietor while displaying an unloaded firearm as a prize or sale item in raffle or auction, private security personnel while on duty for the purpose of delivering or receiving moneys used at the liquor establishment or at the gaming site, or at the restaurant part of an establishment if an individual under 21 years of age is not prohibited in that part of the establishment. N.D. Cent. Code § 62.1-02-04.

It is unlawful to possess a firearm at a “public gathering” (an athletic or sporting event, a school, a church or other place of worship, and a publicly owned or operated building). There are several exemptions listed at N.D. Cent. Code § 62.1-02-05, including:

• Law enforcement or authorized corrections officers, on-duty security personnel, or on-duty members of the armed forces, national guard, or reserves.
• Competitors in organized shooting events.
• Persons at gun shows or antique shows.
• The use of blank cartridges as part of a sporting or theatrical event.
• Firearms carried in a temporary residence or motor vehicle.
• Students and instructors at hunter safety classes; or officials and participants in any other educational, training, cultural, or competitive events involving the authorized use of a dangerous weapon if the event occurs with permission of the person or entity with authority over the function or premises in question.
• A person in a publicly-owned or operated rest area or restroom.
• At a state or federal park.  
• A person carrying in a church building or other place of worship with the approval by the primary religious leader or governing body of that church or place of worship, and who also has a valid concealed weapons license from North Dakota or another jurisdiction recognized by the state.
• An individual authorized to carry a concealed weapon on school property under an approved “armed first responder” program.
• A state, federal, or municipal court judge, a district court magistrate judge or judicial referee, and a staff member of the office of attorney general if the individual maintains the same level of firearms proficiency as is required by the peace officer standards and training board for law enforcement officers. A local law enforcement agency shall issue a certificate of compliance to an individual who is proficient.
• A person’s storage of a firearm or dangerous weapon in a building that is owned or managed by the state or a political subdivision, if the person is a resident of the building and the storage is inside the person’s own residential unit, and the storage has been consented to by the state, the governing board, or a designee.

Note that a political subdivision may adopt an ordinance that is less restrictive than the state law on firearms at “public gatherings.” The ordinance supersedes the state law, but only within the boundaries or jurisdiction of that political subdivision. N.D. Cent. Code § 62.1-02-05(3).

Pursuant to N.D. Cent. Code § 62.1-02-13 and with some exceptions, a public or private employer may not:

• Prohibit a 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 the customer, employee, or invitee is lawfully in the area.
• 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, or 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.
• 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.
• Prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot or the employer's place of business because a customer, employee, or invitee has a legal firearm being carried for lawful purposes and kept out of sight in a private motor vehicle.
• 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.

However, this law does not apply to some places or employers:

• any public or nonpublic elementary school, middle school, or high school property, except as otherwise provided in section 62.1-02-05(2);
• any correctional facility or institution;
• 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;
• 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;
• a motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer;
• 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; or
• the state hospital.

N.D. Cent. Code § 62.1-02-13(6).

A retail dealer licensed to sell handguns by the federal government must send a copy of the dealer’s 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 § 62.1-03-03.

It is a crime for anyone purchasing or securing delivery of a handgun to give false information or false evidence of their identity. N.D. Cent. Code § 62.1-03-04.

It is unlawful to sell a handgun to a minor. N.D. Cent. Code § 62.1-03-02.

It is a crime to sell or transfer a handgun to a person that the seller or transferor knows or has reasonable cause to believe is prohibited by law from possessing a firearm. N.D. Cent. Code § 62.1-02-02.

It is a crime to supply a firearm or ammunition to, or procure or receive a firearm or ammunition on behalf of, anyone prohibited by law from receiving the gun or ammunition, where the person supplying, procuring or receiving knows or has reasonable cause to believe that the recipient is prohibited from receiving or possessing the gun or ammunition. N.D. Cent. Code § 62.1-02-08.

It is a felony to purchase or sell 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 federal National Firearms Act. A “machine 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 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. A “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. N.D. Cent. Code §§ 62.1-05-01, 62.1-01-01(8), (16) (definitions).

The above prohibition does not apply to a North Dakota law enforcement officer; anyone authorized by 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; any officer or member of a duly authorized military organization while on official duty when using the firearm or dangerous weapon issued to that person; or any federal officer authorized 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 §§ 62.1-05-02.

A state agency, political subdivision, or law enforcement agency is prohibited from conducting or participating in the implementation or administration a firearm buyback program, and cannot expend taxpayer dollars for the purpose of implementing, administering, or otherwise operating any such program. A “firearm buyback program” means any 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. It 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. N.D. Cent. Code § 62.1-01-04.

“Concealed” means “not discernible by the ordinary observation of a passerby.” 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.

“Concealed” does not include: a firearm in a belt holster or gun case if the holster or case is substantially visible, or locked in a closed trunk or luggage compartment of a motor vehicle; a firearm carried in a field while lawfully engaged in hunting, target shooting or trapping; a handgun carried unloaded and in a secure wrapper to or from a home, place of business, or repair; a rifle or shotgun or an unloaded handgun while carried in a motor vehicle. N.D. Cent. Code § 62.1-04-01.

Any person who is not otherwise prohibited by law from possessing a firearm may carry an unloaded handgun openly or “secured,” without a license. “Secured” is defined as a firearm that is “closed into the trunk or non-passenger part of [a] 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.” N.D. Cent. Code §§ 62.1-03-01(1); 62.1-01-01(12) (definition of “secured”).

The above limitations on open carry do not apply in any of the circumstances listed in N.D. Cent. Code § 62.1-03-01(2) – for example, anyone carrying at their own permanent or temporary residence or fixed place of business, or on other land owned by that person; anyone lawfully engaged in target shooting or in the field while lawfully hunting or trapping; any person with a valid license to carry concealed or who qualifies for permitless carry; a law enforcement officer, on-duty armed security guard or investigator, or on-duty member of the US armed forces, national guard or reserves; or anyone engaged in manufacturing, repairing, or dealing in handguns, while in the course of business.

State law generally prohibits carrying a loaded firearm in a motor vehicle (including an off-highway vehicle or snowmobile) except under specified exceptions; N.D. Cent. Code § 62.1-02-10. Exceptions include a person:

• with a handgun who has a valid North Dakota concealed carry license or a license recognized by North Dakota, or who qualifies under North Dakota’s permitless carry law;
• with a rifle or shotgun, not in the field hunting or trapping, and who possesses a valid North Dakota concealed weapons license or a license recognized by North Dakota or who qualifies under North Dakota’s permitless carry law;
• in the field engaged in lawful hunting or trapping of nongame species or fur-bearing animals;
• employed as a law enforcement officer, or a security guard or private investigator properly licensed to carry firearms, or a member of the armed forces, national guard or reserves with a firearm issued to the person and while on duty; or
• with a valid special permit issued by the state game and fish department.

Any person carrying a concealed firearm pursuant to a valid North Dakota concealed carry license or a license recognized by North Dakota must carry the license (or a digital image of the license on an electronic device) and produce it on the demand of a law enforcement officer. The failure to produce the license or digital image is prima facie evidence the individual is illegally carrying a concealed firearm. N.D. Cent. Code § 62.1-04-04(1).

Any resident carrying a concealed firearm pursuant to North Dakota’s permitless carry law must carry their valid driver’s license or nondriver identification card (or a digital image on a mobile device), must inform a law enforcement officer that he or she possessed a concealed weapon at the start of any traffic stop or any other in-person contact initiated by law enforcement; and produce the license or card to a law enforcement officer for inspection upon request by the officer. N.D. Cent. Code § 62.1-04-04(2), (3).

A license to carry a concealed firearm can be obtained by applying to the Bureau of Criminal Investigation (BCI).

North Dakota is a “shall issue” state: the chief of the BCI shall issue a license to carry a firearm concealed if the applicant meets the license requirements. N.D. Cent. Code § 62.1-04-03(1).

North Dakota has two kinds of concealed carry licenses: a Class 1 license and a Class 2 license.

An applicant for a Class 1 license must be at least 21 years old and, among other things, cannot have been convicted of any felony, crime of violence or domestic violence, offense involving moral turpitude, offense involving the use of alcohol within ten years prior to the date of application, misdemeanor offense involving the unlawful use of narcotics or other controlled substances within ten years prior to the date of application. An applicant for a Class 1 license must complete classroom instruction, a written exam, demonstrate familiarity with a firearm (proof of training or equivalent experience) and complete an actual shooting or certified proficiency exercise. Renewal of a Class 1 license requires successful completion of the Class 1 firearm requirements. N.D. Cent. Code §§ 62.1-04-03(1)(a) and (c), (2)(a) and (d).

An applicant for a Class 2 license must be at least 18 years old, and must complete a written exam, but the classroom instruction, demonstrated familiarity requirement, and completion of a certified proficiency (shooting) exercise do not apply. Additional testing is not required to renew a Class 2 license. N.D. Cent. Code §§ 62.1-04-03(1)(a), and (2)(b), (d).   

Applicants must provide the director of the BCI with a written authorization for disclosure of their mental health and alcohol or substance abuse evaluation and treatment records, and must successfully pass a criminal history records check. The BCI may deny a license or renewal if it 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.” N.D. Cent. Code § 62.1-04-03(1)(e).

The BCI is required to process a properly completed application and make a determination within 60 days of receipt of the application. N.D. Cent. Code § 62.1-04-03(4).

Class 1 and class 2 permits are equally valid in North Dakota. The difference between a Class 1 and Class 2 license is only the extent to which a holder of either license may be eligible to receive reciprocal rights in other jurisdictions. However, “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 §§ 62.1-04-02(3), 62.1-04-03(2)(c).

The holder of a valid Class 2 license may upgrade the license to a Class 1 license by completing the additional requirements and paying any additional fees. A Class 1 licensee may opt to convert the license to a Class 2 license before the expiration of the Class 1 license. N.D. Cent. Code § 62.1-04-03(2)(e).

A license is valid for five years. N.D. Cent. Code § 62.1-04-03(6)(b).

Information collected from an applicant for a license is confidential information, and may only be disclosed to a governmental agency or court for a law enforcement purpose, including the investigation, prosecution, or punishment of a violation of law; to a court to aid in a decision concerning sentence, probation, or release pending trial or appeal, or pursuant to a court order or a judicial, legislative, or administrative agency subpoena issued in North Dakota. N.D. Cent. Code § 62.1-04-03(9).

Places where carrying of a firearm is prohibited:

State Capitol Complex. A 2018 policy of the Office of Management and Budget prohibits the possession of a firearm at the Capitol grounds or any building on the Capitol grounds, except for law enforcement and military personnel: https://www.nd.gov/omb/sites/omb/files/documents/state-employee/capitol-policies/firearmscomplex.pdf.   

A liquor establishment for the retail sale of alcoholic beverages and the consumption of purchased alcoholic beverages onsite, or at a gaming site where bingo is the primary gaming activity. This does not apply to law enforcement officers, proprietors and their employees, a designee of the proprietor while displaying an unloaded firearm as a prize or sale item in raffle or auction, private security personnel while on duty for the purpose of delivering or receiving moneys used at the liquor establishment or at the gaming site, or at the restaurant part of an establishment if an individual under 21 years of age is not prohibited in that part of the establishment. N.D. Cent. Code § 62.1-02-04.

A “public gathering” (an athletic or sporting event, a school, a church or other place of worship, and a publicly owned or operated building). There are several exemptions listed at N.D. Cent. Code § 62.1-02-05, including:

• Law enforcement or authorized corrections officers, on-duty security personnel, or on-duty members of the armed forces, national guard, or reserves.
• Competitors in organized shooting events.
• Persons at gun shows or antique shows.
• The use of blank cartridges as part of a sporting or theatrical event.
• Firearms carried in a temporary residence or motor vehicle.
• Students and instructors at hunter safety classes; or officials and participants in any other educational, training, cultural, or competitive events involving the authorized use of a dangerous weapon if the event occurs with permission of the person or entity with authority over the function or premises in question.
• A person in a publicly-owned or operated rest area or restroom.
• At a state or federal park.  
• A person carrying in a church building or other place of worship with the approval by the primary religious leader or governing body of that church or place of worship, and who also has a valid concealed weapons license from North Dakota or another jurisdiction recognized by the state.
• An individual authorized to carry a concealed weapon on school property under an approved “armed first responder” program.
• A state, federal, or municipal court judge, a district court magistrate judge or judicial referee, and a staff member of the office of attorney general if the individual maintains the same level of firearms proficiency as is required by the peace officer standards and training board for law enforcement officers. A local law enforcement agency shall issue a certificate of compliance to an individual who is proficient.
• A person’s storage of a firearm or dangerous weapon in a building that is owned or managed by the state or a political subdivision, if the person is a resident of the building and the storage is inside the person’s own residential unit, and the storage has been consented to by the state, the governing board, or a designee.

Note that a political subdivision may adopt an ordinance that is less restrictive than the state law regarding firearms at “public gatherings.” The ordinance supersedes the state law, but only within the boundaries or jurisdiction of that political subdivision. N.D. Cent. Code § 62.1-02-05(3).

A game refuge/game management area. N.D. Cent. Code § 20.1-11-13(3) generally prohibits possession of a firearm within a “state game refuge or state game management area.”

A “machine 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 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.

A “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.

Upon conviction, the machine gun, fully automatic rifle, or silencer is forfeited to the jurisdiction in which the arrest was made, and may be sold at public auction, retained for use, or destroyed pursuant to the court’s order. N.D. Cent. Code §§ 62.1-05-01, 62.1-01-01(8), (16) (definitions).

The above prohibition does not apply to a North Dakota law enforcement officer; anyone authorized by 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; any officer or member of a duly authorized military organization while on official duty when using the firearm or dangerous weapon issued to that person; or any federal officer authorized 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 §§ 62.1-05-02.

It is a felony to possess, use, obtain, receive or sell a short-barreled rifle or a short-barreled shotgun, unless the person is (1) a law enforcement officer acting in the course of or in connection with his or her official duties, (2) 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 gun issued to the member by that organization and while on official duty, or (3) a person in compliance with the National Firearms Act. A “short-barreled rifle” means a rifle having one or more barrels less than 16 inches 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 26 inches. A “short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches long 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 26 inches. N.D. Cent. Code §§ 62.1-02-03, 62.1-01-01(13) and (14) (definitions). 

State law provides that when a chief law enforcement officer’s certification is required by federal law or regulation for the transfer or making of a “firearm” (as defined in the National Firearms Act, 26 U.S.C. § 5845(a)), 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. N.D. Cent. Code § 62.1-05-03.

North Dakota has no law regulating ammunition by type, or “large capacity” magazines or “assault weapons.”

N.D. Cent. Code § 62.1-01-03, on the limitation on the authority of a political subdivision regarding firearms, states:

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 existing ordinances are void. 

N.D. Cent. Code § 62.1-02-05(3), which prohibits the possession of firearms at a “public gathering,” specifically allows a political subdivision to enact an ordinance that is less restrictive than that state law. Any such ordinance supersedes the state law but has effect only within the boundaries or jurisdiction of the political subdivision.

A state agency, political subdivision, or state law enforcement agency is prohibited from conducting or participating in the implementation or administration a firearm buyback program, and cannot expend taxpayer dollars for the purpose of implementing, administering, or otherwise operating any such program.

A “firearm buyback program” means any 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. It 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. N.D. Cent. Code § 62.1-01-04.

Firearm disability arising from mental health adjudication, commitment. State law, N.D. Cent. Code § 62.1-02-01(1)(c), prohibits 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” for being a person with mental illness, a substance use disorder, or a mentally deficient individual, from purchasing or possessing a firearm. This does not apply to a person who has not suffered from the disability for the previous three years, or who has successfully petitioned for a restoration of rights, or where the court petition that provided the basis for the diagnosis, confinement, or commitment was dismissed.

N.D. Cent. Code § 62.1-02-01.2 requires that a court, in certain proceedings regarding a person’s mental health, make a finding as to whether the federal firearm disability [18 U.S.C. §§ 922(d)(4) and (g)(4)] applies to the person that is the subject of the proceedings.

If the court finds that the federal firearm disability applies, the clerk of the court must notify the state bureau of criminal investigation (SBI), which must forward the person’s information to the FBI for inclusion in the national instant criminal background check system (NICS) database. The court must also notify the person that he or she is now subject to a federal law that prohibits them from possessing or receiving firearms or ammunition and, if relevant, to the state law (above) that results in a loss of state gun rights due to certain mental-health based proceedings.

The state restoration of rights process is found at N.D. Cent. Code § 62.1-02-01.2(3) to (5).

A person prohibited from possessing a firearm due to an adjudication of mental disability or an involuntary commitment for mental illness may petition the court that issued the finding or the district court of the county where the person resides to remove the firearms-related disabilities. A copy of the petition for relief must be served on the director of the treatment facility that treated the individual and the prosecuting attorney of the county in which the original finding, order, or appointment occurred. The director of the treatment facility and the prosecuting attorney may, at their option, appear, support, object to, and present evidence relevant to the relief sought by the petitioner.

The court must receive and consider evidence in a closed proceeding, including evidence offered by the petitioner, concerning: the circumstances of the original order, appointment, or finding; the petitioner’s mental health and criminal history records, if any; the petitioner’s reputation; and changes in the petitioner’s condition or circumstances relevant to the relief sought.

The court must 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. If the petition is denied, the person may petition again, but cannot do so until at least two years have elapsed since any prior petition was filed.

If the petition results in an order restoring the person’s rights, the clerk of the court must immediately forward a copy of the order to the state bureau of criminal investigation, and the SBI must immediately forward a copy to the FBI for updating the NICS database.

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.

Firearm disability arising from criminal conviction. Upon conviction in any jurisdiction of a felony involving violence or intimidation, state firearm rights are lost for a ten-year period running from the time of conviction or release from incarceration, parole or probation, whichever is later. Upon conviction for any other felony or a violent Class A misdemeanor where the offense was committed while using or possessing a firearm, other dangerous weapon, destructive device or explosive, the person’s state gun rights are lost from the date of conviction and continuing for a period of five years after the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest. N.D. Cent. Code § 62.1-02-01(1)(a), (b).

N.D. Cent. Code § 62.1-02-01.1 outlines the process for a restoration of rights due to a prohibiting conviction that has not timed-out. A person who is prohibited from possessing a firearm due to a conviction for a felony (other than a felony offense involving violence or intimidation) may petition the district court for the restoration of the person’s firearm rights.

If the felony offense was committed in North Dakota, the petition must be filed with the district court in the county where the offense occurred. If the offense is 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. The state’s attorney’s office has twenty days to file a written response to the petition with the district court. N.D. Cent. Code § 62.1-02-01.1(1).

The court may restore the person’s gun rights if the court determines, by clear and convincing evidence, that all of the following circumstances exist: all fines imposed for the violation resulting in the prohibition have been paid; the petitioner has served all terms of imprisonment imposed for the violation resulting in the prohibition and has successfully completed all conditions of probation or parole; and the petitioner’s record and reputation are such that he or she is not likely to act in a manner dangerous to the safety of others. N.D. Cent. Code § 62.1-02-01.1(2).

According to one source, a pardon will also restore firearms rights but only if the pardon specifically states gun rights are being restored. Restoration of Rights Project at https://ccresourcecenter.org/state-restoration-profiles/north-dakota-restoration-of-rights-pardon-expungement-sealing/#I_Loss_restoration_of_civilfirearms_rights (“A pardon will also restore firearms rights but only if the pardon document so states.”). Cases eligible for Pardon Advisory Board review are persons who were convicted in a North Dakota court of law. 

For more information on restoration of rights following a conviction, see the state website on pardons, https://www.docr.nd.gov/parole-pardon-boards, and the federal and relevant state law page at https://ccresourcecenter.org/restoration.

If a sport shooting range has been in operation for one year since the date on which it began operation as a sport shooting range, it does not become a public or private nuisance as a result of changed conditions in or around the locality of the sport shooting range.

If a sport shooting range remains in compliance with noise control or nuisance abatement rules or ordinances in effect on the date on which it commenced operation, it is not subject to a civil or criminal action resulting from or relating to noise generated by the operation of the sport shooting range.

A person who acquires title to real property that is adversely affected by the operation of a permanently located and improved sport shooting range constructed and initially operated before that person acquired title to the property may not maintain a civil action on the basis of noise or noise pollution against the person who owns or operates the sport shooting range.

Subject to the foregoing, a political subdivision may regulate the location and construction of a sport shooting range after August 1, 1999. Regardless of any other provision of law, a county or city enacting a home rule charter cannot regulate a sport shooting range except as provided above. N.D. Cent. Code § 42-01-01.1.

A firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is not liable to any person or to the estate, a successor, or survivor of any person for any injury suffered, including wrongful death and property damage, because of the use of a firearm by another. This does not apply to a breach of contract, express or implied warranty, or for injury resulting from failure of a firearm to operate in a normal or usual manner due to defects or negligence in design or manufacture. A firearm may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged. N.D. Cent. Code § 32-03-54(2), (4).

It is unlawful to discharge a firearm within a city, with the exception of 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 but not limited to shooting galleries and ranges. N.D. Cent. Code § 62.1-02-06.

State law prohibits a person being “afield” with a firearm while intoxicated or under the influence of alcoholic beverages or drugs. “Afield” means “being away from one’s home or camp,” but “does not include driving or being in actual physical control of a motor vehicle in violation of” the state DUI law. On conviction, the person’s hunting license is void. N.D. Cent. Code §§ 20.1-01-06, 20.1-01-02 (definition).

It is illegal to change, alter, remove, or obliterate any mark of identification on a firearm, including the name of the maker, model, or manufacturer’s number, or to knowingly possess a firearm on which such alterations have been made. Possession of a 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 § 62.1-03-05.

It is a felony to be knowingly armed with a firearm while engaged in a riot; to knowingly supply a firearm for use in a riot; or to teach another to prepare or use a firearm with intent that the firearm be used in a riot. N.D. Cent. Code § 12.1-25-02.