It is a felony to obtain, possess, receive, sell, or use a short-barreled rifle or a short-barreled shotgun (as defined) unless the person is in compliance with the federal 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; definitions at § 62.1-01-01(14) and (15).

It is a felony to purchase, sell, have, or possess a machine gun, fully automatic rifle, silencer, or any other federally licensed firearm or dangerous weapon unless that person has complied with the National Firearms Act. “Machine gun, submachine gun, or fully automatic rifle” are defined as “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.” 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), (17) (definitions).

Persons that are prohibited under state law from owning or possessing a firearm include:  

Anyone convicted (or adjudicated as a juvenile) in any jurisdiction of the listed felony offenses involving violence or intimidation. The prohibition runs from the date of conviction and continues for a ten-year period from the date of release from incarceration, parole, or probation, whichever is latest; in the case of a juvenile adjudication, the prohibition runs for ten years from the date of the adjudication. N.D. Cent. Code § 62.1-02-01(1)(a) and (e).

Anyone convicted (or adjudicated as a juvenile) 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. In the case of a juvenile adjudication, the prohibition runs for five years from the date of the adjudication. N.D. Cent. Code § 62.1-02-01(1)(b) and (f).

Any person who is or has ever been 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).

Otherwise, state law allows a convicted felon who has not been sentenced as a “violent offender” under N.D. Cent. Code § 12.1-32-09.1 to 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).

Minors: Those under the age of 18 are prohibited from possessing a handgun except while under the direct supervision of an adult, for the purposes of firearm safety training, target shooting, or hunting; N.D. Cent. Code § 62.1-02-01(1)(d). A person who lends, sells or gives a handgun to a minor is guilty of misdemeanor, unless the handgun is being loaned or given to a minor for use while under the direct supervision of an adult and for the purpose of firearm safety training, target shooting, or hunting; § 62.1-03-02. A parent, guardian, or other person authorized by the parent or guardian of any minor under the age of 15, who permits that minor to carry or use any firearm of any description loaded with powder and projectile in public, is guilty of misdemeanor unless the minor is under the direct supervision of the parent, guardian, or other person authorized by the parent or guardian; § 62.1-02-07.

Permitless carry. N.D. Cent. Code § 62.1-04-02(2), on carrying concealed weapons, provides that a person who is “otherwise not precluded” from possessing a North Dakota class 2 carry license and who possesses a valid driver’s license or state-issued non-driver ID card from North Dakota or the person’s state/territory of residence may carry a concealed firearm.

Carry licenses. North Dakota is a “shall issue” jurisdiction. The licensing law is found at N.D. Cent. Code § 62.1-04-03. North Dakota issues a class 1 and a class 2 carry license, which differ as to the minimum age to apply, the training required and reciprocity, but otherwise, “Class 1 and class 2 permits are equally valid in [the] state.” A class 2 licensee may upgrade to a class 1 license “within five years from the date the class 2 firearm license was issued and upon successful completion of the requirements” for class 1; likewise, a class 1 licensee may opt to convert their license to a class 2 before the class 1 license expires. 

Issuing agency/official: The state bureau of criminal investigation

Minimum age: At least 21 for a class 1 firearm license and at least 18 for a class 2 firearm license

State residency required? No. An applicant must show residency in North Dakota or another state or territory by providing a valid driver’s license or state-issued ID card that “establishes personal identification through photographic means and shows the applicant’s name associated with a valid residential street address”; residency outside North Dakota also requires the applicant to provide a valid concealed weapons license from the applicant’s state of residence, which state has reciprocity with North Dakota. § 62.1-04-03(1)(b).

Objective disqualifications: The applicant cannot have been convicted of: a felony, a crime of violence, an offense involving the use of alcohol (if within three years prior to the date of application), a misdemeanor offense involving the unlawful use of narcotics or other controlled substances (if within ten years prior to the date of application), or an offense involving moral turpitude or domestic violence. Any adjudication by a state or federal court of mental incompetence (unless the adjudication has been withdrawn or reversed) is disqualifying. The applicant must be eligible to purchase and possess a firearm under federal law.

Non-objective disqualifications: The state bureau of criminal investigation may deny approval for a license if it has reasonable cause to believe that the applicant 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 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.

Training /Familiarity requirement: Class 1 requires the applicant to complete “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.” The “familiarity” requirement may also be met by proof of training as a law enforcement officer, military or civilian firearms instructor, hunter safety instructor, or other training; see § 62.1-04-03(2)(a). An applicant for a class 2 firearm license is required to successfully complete the open book test offered for the class 1 firearm license. Additional testing is not required to renew a class 2 license, while a class 1 firearm license may be renewed upon successful completion of the class 1 firearm requirements within 30 days before submission of the application for renewal.

Fingerprints required: Yes, for the initial application

Maximum processing time: 60 days, per § 62.1-04-03(4)

Fees: $60 cashier’s check or money order

Duration of permit: five years; § 62.1-04-03(6)

Mandatory notifications: The applicant or licensee must 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; § 62.1-04-03(6). A licensee who is carrying (under reciprocity or a North Dakota license) must be in possession of their license or a digital image of the license and produce it to a law enforcement officer “for an inspection upon request by the officer;” a failure to do so is “prima facie evidence the individual is illegally carrying a firearm or dangerous weapon concealed.” A person who is carrying in compliance with the state’s permitless carry law must be in possession of their valid driver’s license/non-driver ID card or a digital image of the same, and must produce it on request of a law enforcement officer and inform the officer of the concealed firearm if the officer inquires about the individual’s possession; § 62.1-04-04.

Special Provisions? An expired license is invalid and cannot be renewed; the person must apply as a new applicant and complete all required testing.

Non-resident carry. The state’s permitless carry law applies to eligible non-residents. North Dakota issues non-resident carry licenses. On reciprocity, North Dakota will honor a valid concealed carry license/permit issued by a state that has agreed to recognize a North Dakota concealed weapon license – a person may carry a concealed firearm if their state of residence falls within that reciprocity provision and the person “has the equivalent of a class 2 firearm and dangerous weapon license from the state in which [the person] is a resident;” § 62.1-04-02(3).

Places where carrying is prohibited. N.D. Cent. Code § 62.1-02-05 generally prohibits possession of any “firearm” at a school or school-sponsored event on school property; a church or other place of worship; or a publicly owned or operated building, although this law has several exceptions, and a political subdivision or the state board of higher education is allowed to enact an ordinance or policy that is less restrictive than this section relating to the possession of firearms.

Possession of firearms in a liquor establishment licensed 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 pursuant to § 62.1-02-04, although this also has several exceptions, including the proprietor or employee.

Firearms may not be possessed within the State Capitol grounds or any building on the State Capitol grounds without prior written authorization from the North Dakota Highway Patrol.

Carrying or keeping a loaded firearm within a vehicle is prohibited unless one of the listed exceptions apply, including carrying or keeping a handgun (or a long gun if the person is not in the field hunting or trapping) where the person either (1) has a North Dakota carry license or a license that North Dakota honors through reciprocity; or (2) is carrying in compliance with the state permitless carry law and is in possession of a valid state-issued driver’s license or state-issued ID. A person who is in the field engaged in lawful hunting or trapping of nongame species or fur-bearing animals may also carry or keep a loaded gun in a vehicle.   

With some exceptions (e.g., schools, correctional facilities, and others), N.D. Cent. Code § 62.1-02-13 allows a customer, employee, or invitee of a public or private business to transport or store a lawfully possessed firearm locked inside or locked to a private motor vehicle in a parking lot if the customer, employee, or invitee is lawfully in the area. The employer cannot (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 private motor vehicle.

The employer also cannot (1) make it a condition of employment that an employee or prospective employee hold or does not hold a concealed weapons license, or require an 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, (2) 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, (3) 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 (4) 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.

A violation of N.D. Cent. Code § 62.1-02-13 entitles the person affected to bring a civil action for all reasonable personal costs and losses suffered by the aggrieved person as a result of the violation of rights.

One exception is N.D. Cent. Code § 62.1-02-05(3) (prohibiting the possession of firearms at a “public gathering”) which 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 person aggrieved by a violation of the preemption law may bring a civil action against a political subdivision for damages as a result of an unlawful ordinance.

N.D. Cent. Code § 62.1-01-04 prohibits a state agency, political subdivision, or state law enforcement agency from conducting or participating in the implementation or administration a “firearm buyback program,” and it 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.

It is a crime to transfer a handgun to any person who the transferor knows or has reasonable cause to believe is a person prohibited under state 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 for, a person prohibited under state law from possessing a firearm, if the transferor knows or has reasonable cause to believe that such person is a prohibited person; § 62.1-02-08.

It is a crime to sell, barter, hire out, lend, or give any handgun to a minor, unless 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; § 62.1-03-02.