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Article. I, § 1 of the North Dakota Constitution states that all individuals have certain "inalienable rights," and includes among them the right "to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed." The provision was added to the state constitution in 1984 by an "initiated amendment."
The only case analyzing article I, § 1 is State v. Ricehill, 415 N.W.2d 481 (1987). In Ricehill, the defendant was convicted under a state law prohibiting the possession of a firearm by a convicted felon. He challenged the conviction, arguing, among other things, that the statute violated his state constitutional right to "keep and bear arms." The court rejected defendant’s argument that the language "shall not be infringed" should be interpreted as precluding the Legislature from placing any limits on the possession of arms, stating:
We disagree with such a broad reading of
the provision. Instead, we believe our Constitution’s protection of
the right to keep and bear arms is not absolute; although it
prevents the negation of the right to keep and bear arms, that right
nevertheless remains subject to reasonable regulation under the
State’s police power.
Id. at 483.
The court went on to find the challenged law to
be “patently reasonable” and thus within the legitimate scope of the
state’s police power. Id. at 483-84.
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North Dakota’s broad preemption statute, North Dakota Century Code § 62.1-01-03, 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.
Although there is no case law construing this statute, the North Dakota Attorney General has opined that section 62.1-01-03 was intended to preempt local authority to regulate firearm purchase, sale, ownership, transfer, registration, and licensure, but not local authority to regulate possession of a firearm. ND Op. Att’y Gen. 86 (1988), 1988 N.D. AG LEXIS 20, *5-7. The attorney general found evidence in the legislative history of section 62.1-01-03 supporting this interpretation. Noting that no state statute governs possession of a loaded firearm on public property or on private property without the consent of the owner or person in charge of the private property, the attorney general concluded that section 62.1-01-03 does not prohibit a city from adopting an ordinance prohibiting such possession in these locations. Id. at *1-3, 8.
Section 37-01-21 prohibits a municipality from raising or appropriating money toward arming, equipping, supporting, or providing drillrooms or armories for any body of people associating as a military company or parading in public with firearms.
While section 62.1-02-05 generally prohibits possession of a firearm at a public gathering, subsection 62.1-02-05(3) states that a political subdivision may still enact a less restrictive ordinance relating to the possession of firearms at a public gathering, and that such an ordinance supersedes section 62.1-02-05 within the jurisdiction of the political subdivision. Id.
Section 42-01-01.1 provides that if a sport shooting range remains in compliance with noise control or nuisance abatement rules or ordinances in effect on the date on which the range commenced operation, the range is not subject to a civil or criminal action resulting from or relating to noise generated by its operation. Furthermore, a rule, resolution, or ordinance relating to noise control, noise pollution, or noise abatement adopted by the state or a political subdivision may not be applied to prohibit the operation of a sport shooting range, provided the conduct was lawful and being conducted before the adoption of the rule, resolution, or ordinance. Id. However, a political subdivision may regulate the location and construction of a sport shooting range after August 1, 1999. Id. Section 42-01-01.1 specifically states that it applies to a county or city enacting a home rule charter under chapter 11-09.1, 40-05.1, or 54-40.4, "notwithstanding any other provision of law." See the North Dakota Immunity Statutes / Manufacturer Litigation section below for further information regarding the impact of section 42-01-01.1 on litigation against shooting ranges.
Please see the Preemption
summary for a general
discussion of this issue, as well as the Federal
Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
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No relevant statutes currently exist.
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Federal
law generally requires that licensed firearms dealers conduct
a background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System (“NICS”)
were enacted through the Brady Handgun Violence Prevention
Act, pursuant to Public Law 103-159, and codified at
18 U.S.C. § 921 et seq. Federal law defines a number
of classes of prohibited purchasers (including felons,
fugitives, persons adjudicated as “mental defectives” or those
committed to mental institutions), and leaves to the states
the power to determine additional classes. (For a complete
list of federally prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In North Dakota, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, North Dakota has adopted other classes of prohibited persons and incorporated some of the federal prohibitions as state offenses. N.D. Cent. Code § 62.1-02-01 provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:
Has been convicted of a felony involving violence or intimidation or released from incarceration or probation after being so convicted, during the past ten years; Has been convicted of a felony other than a felony involving violence or intimidation, committed while using or possessing a firearm or other dangerous weapon, or released from incarceration or probation after being so convicted, during the past five years; Has been convicted of a class A misdemeanor involving violence or intimidation, committed while using or possessing a firearm or other dangerous weapon or released from incarceration or probation after being so convicted, during the past five years; or Is or has ever been confined or committed to an institution as a mentally ill or deficient person, unless the person has not suffered from the disability for the previous three years, or has had the petition for diagnosis, confinement, or commitment dismissed.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons license holders in North Dakota whose licenses were issued after December 1, 1999 are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Dakota Carrying Firearms section.
Firearms transfers by private sellers (non-firearms dealers)
are not subject to background checks in North Dakota, although
federal and state purchaser prohibitions still apply. See the
North Dakota Private/Secondary Sales section.
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No
relevant statutes currently exist.
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Open Carrying/Exposed Firearms
In North Dakota, a person may carry a handgun between the hours of one hour before sunrise and one hour after sunset if it is unloaded and in plain view or secured, and between the hours of one hour after sunset and one hour before sunrise if the handgun is unloaded and secured. N.D. Cent. Code § 62.1-03-01(1). "Secured" means:
Closed into a trunk or non-passenger part of a vehicle; Placed into a closed and secure carrying device; Rendered inoperative by 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.
Section 62.1-01-01(11).
The restrictions do not apply to a person who is:
A concealed weapons licensee; On his or her land, residence or place of business; Lawfully engaged in target shooting; In the field and engaging in the lawful pursuit of hunting or trapping, except when in a motor vehicle; Carrying a handgun, unloaded and in a secure wrapper, to or from the
place of purchase to his or her home, business or a place or repair;
An on-duty security guard or investigator authorized by the attorney general; Engaged in manufacturing, repairing, or dealing in handguns or the agent or representative of such a person carrying a handgun in the usual or ordinary course of business; or A common carrier, but only when carrying the handgun as part of the cargo in the usual cargo carrying portion of the vehicle.
Section 62.1-03-01(2).
Possession Restrictions
With limited exceptions, any person, including a concealed carry licensee, may not possess a firearm at:
The part of a liquor establishment set aside for the retail sale of alcoholic beverages, unless the person is the proprietor, the proprietor’s employee, or a designee of the proprietor displaying an unloaded firearm as a prize or sale item in a raffle or auction (N.D. Cent. Code § 62.1-02-04); An establishment used as a gaming site, unless the person is the proprietor, the proprietor’s employee, or a designee of the proprietor displaying an unloaded firearm as a prize or sale item in a raffle or auction (§ 62.1-02-04); or A public gathering (defined to include a sporting event, school function, church, church function, political rally, musical concert, public park which prohibits hunting, or public building) (§ 62.1-02-05).
However, the prohibition on possession of a firearm at public gatherings does not apply to:
Competitors participating in organized sport shooting events; Gun and antique shows; Participants using blank cartridge firearms at sporting or theatrical events; Firearms carried in a temporary residence or motor vehicle; Students and instructors at hunter safety classes; or Private security personnel while on duty.
Section 62.1-02-05(2).
Possession of a firearm within a state game refuge or state game management area is generally prohibited. Section 20.1-11-13(3). The owner or lessee of lands or a lake set aside as a state game refuge may not carry firearms within its limits, nor permit his or her family members or other persons to do so, unless the owner or lessee has reason to believe there are carnivorous animals in the refuge and the Director of the North Dakota Game and Fish Department provides written permission to hunt such animals. Section 20.1-11-08.
Possession of a rifle or shotgun between sunset and sunrise in and about territory where big game animals are frequently and usually found is prima facie evidence that the person was hunting big game animals contrary to law. Section 20.1-05-05.
North Dakota law prohibits being "afield" (defined by section 20.1-01-02 as "away from one’s home or camp") with a firearm while intoxicated or under the influence of alcoholic beverages or drugs. Section 20.1-01-06. However, the only penalty for a violation of this section is revocation of the person’s hunting privileges for two years. Sections 20.1-01-06, 20.1-15-01—20.1-15-15.
State administrative regulations prohibit any person, including a concealed carry licensee, from possessing a firearm:
Transportation of Firearms
Pursuant to North
Dakota Century Code § 62.1-02-10, it is unlawful for a person to keep
a loaded firearm in any motor vehicle in North Dakota unless he or she is:
A concealed weapons license holder; Engaged in hunting or trapping of nongame species or furbearing animals; A security guard or private investigator licensed to carry a firearm; or A holder of a special hunting license issued pursuant to section 20.1-02-05.
Please see the Open Carrying/Exposed Firearms subsection above for restrictions that apply to the carrying of firearms in motor vehicles.
Concealed Weapons Licensing Requirements
North Dakota is a "shall issue" state, meaning the Chief of the Bureau of Criminal Investigation must issue a concealed weapons license if the applicant meets certain qualifications. Pursuant to North Dakota Century Code § 62.1-04-03, to qualify for a permit an applicant must:
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Have a
valid reason for carrying a concealed firearm, including
self protection, protection of others, or work-related
needs;
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Be
eligible to possess a firearm under state and federal law;
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Have written approval from the sheriff of the applicant’s county of residence (but see Kasprowicz v. Finck, 1998 ND 4, 574 N.W.2d 564 providing that the sheriff’s approval or lack of approval is a recommendation only and the Bureau of Criminal Investigation will make the final decision);
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Have written approval by the chief of police if the city in which the applicant resides has one, or a designee of that city; and
Pass a background check conducted by the Bureau of Criminal Investigation.
In order to obtain the approval of the county sheriff, the applicant must successfully complete a background investigation in that county and must have attended a testing procedure conducted pursuant to rules adopted by the attorney general. Section 62.1-04-03(1)(c). The testing procedure for approval of a concealed weapons license must be an open book test to be given from a manual that sets forth weapon safety rules and the deadly force law of North Dakota, including judicial decisions and attorney general opinions. Id. A weapons instructor certified by the attorney general shall conduct the testing procedure. Id. The person conducting the testing may assess a charge of up to $25 for conducting this testing. Id. The attorney general shall develop rules that ensure that this testing will be conducted. Id. The attorney general’s rules regarding the written test and proficiency test are set forth at North Dakota Administrative Code 10-12-01-04 and 10-12-01-05 respectively. The proficiency test involves firing ten rounds at a humanoid, silhouette target at seven yards with at least seven hits within five minutes. N.D. Admin. Code 10-12-01-05. The applicant must also be able to load, reload, unload, and carry the weapon safely. Id.
The license fee for a concealed weapons license is an additional $25. N.D. Cent. Code § 62.1-04-03(3). Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under section 62.1-04-03, and North Dakota Administrative Code 10-12-01-01 through 10-12-01-11.
No person other than a law enforcement officer may carry a firearm concealed unless the person is licensed to do so. N.D. Cent. Code § 62.1-04-02. Pursuant to section 62.1-04-01, a firearm is considered "concealed" if any one of the following apply:
The firearm is being carried in such a manner as to not be discernible by the ordinary observation of a passerby, even if it is not absolutely invisible; The firearm is worn under clothing and not secured; The firearm is carried in a bundle that is held or carried by the individual and not secured; or The firearm is being transported not secured in a vehicle, and is available to the individual, including beneath the seat or in a glove compartment.
However, a firearm that falls within the above definition of "concealed" is
still not considered "concealed" if it is:
Carried in a belt holster which is wholly or substantially visible; Carried in a case designed for carrying a firearm and which is wholly or substantially visible; Carried in the field while lawfully engaged in hunting, trapping, or target shooting; Carried unloaded and in a secure wrapper to or from the place of purchase to the purchaser’s home, place of business, or place of repair; An unloaded long gun carried in a vehicle; or An unloaded weapon that will expel or is readily capable of expelling a projectile by action of a spring, compressed air, or compressed gas, including a BB gun, air rifle, or CO[2] gun, while carried in a motor vehicle.
Id. "Secured" means:
Closed into a trunk or non-passenger part of a vehicle; Placed into a closed and secure carrying device; Rendered inoperative by 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.
Section 62.1-01-01(11).
Disclosure or Use of Information
Information collected from an applicant for a concealed weapons license is confidential information. Section 62.1-04-03(7). However, the information may 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. Pursuant to a court order or a judicial, legislative, or administrative agency subpoena issued in North Dakota.
Id.
Section 62.1-04-03(4) requires the chief of the bureau of criminal investigation to retain a copy of each license for six years. The sheriff of the county and the chief of police of the city in which the applicant resides (in those cases where the applicant resides in a city) also receive copies of the license. Id.
Duration and Renewal
A license to carry a concealed weapon is valid for up to three years. Section 62.1-04-03 (4). The testing procedure required by section 62.1-04-03(1)(c) for an original license is not required for a renewal of a concealed weapons license. Section 62.1-04-03(1)(c).
Location Limits
Concealed weapons license holders may be subject to generally applicable possession prohibitions. Please see the Open Carrying/Exposed Firearms, Possession Restrictions and Transportation of Firearms subsections above for further information.
Reciprocity
Pursuant to section 62.1-04-03.1, a valid license to carry issued by another state which recognizes the concealed carry licenses of North Dakota is valid in North Dakota.
Brady Exemption
Concealed weapons license holders whose permits were issued after December 1, 1999 are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Dakota Background Checks section.
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A parent or guardian of, or person having charge or custody of, a child under 15 years of age who permits the child to carry or use a loaded firearm in public commits a class B misdemeanor unless the child is under the direct supervision of the parent, guardian or person authorized by the parent or guardian. N.D. Cent. Code § 62.1-02-07.
State administrative regulations govern storage of firearms in the following locations:
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North Dakota does not license firearms dealers. However, firearms dealers
are subject to state laws governing gun sales generally. See the North
Dakota Private/Secondary Sales section
for further information. Pursuant to the Brady Act, federally
licensed firearms dealers must conduct background checks on prospective
purchasers
each time the dealer transfers a firearm. See the North
Dakota Background Checks section.
Within
seven days of receiving a federal license to sell handguns, a
retail firearms dealer who sells handguns must send a copy of
the license to the chief of police of the city and the sheriff
of the county in which the dealer is licensed. N.D. Cent. Code § 62.1-03-03.
Number of Federally Licensed Firearms Dealers
There are 464 federally licensed firearms dealers and pawnbrokers in North Dakota. Federal firearms licensee totals for North Dakota as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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No relevant statutes currently exist.
See the North Dakota Private/Secondary Sales section for state laws that apply at gun shows.
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North Dakota Century Code § 32-03-54(2) provides:
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.
In addition, an association of federally licensed firearm manufacturers, importers, or dealers "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 sold or manufactured by any licensee who is a member of the association." Section 32-03-54(3).
However, section 32-03-54 does not apply to a claim for relief for deceit, 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. Section 32-03-54(4). The potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. Id. A firearm also may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged. Id.
In addition, section 32-03-54 also does not apply to a claim for relief arising from the unlawful sale or transfer of a firearm or an instance when the transferor knew or should have known that the recipient would engage in the unlawful sale or transfer of the firearm or would use or purposely allow the use of the firearm in an unlawful, negligent, or improper fashion. Section 32-03-54(4).
Section 42-01-01.1 provides, in part:
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.
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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.
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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 adversely affected 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.
Please see the North Dakota State Preemption section above for further limitations on the regulation and prosecution of shooting ranges.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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North Dakota law requires a person carrying a handgun that is not in plain view between the hours of one hour before sunrise and one hour after sunset to carry it unloaded and "secured." Between the hours of one hour after sunset and one hour before sunrise, any handgun that is being carried, even one that is in plain view, must be unloaded and "secured." N.D. Cent. Code § 62.1-03-01(1). Secured" means:
Closed into a trunk or non-passenger part of a vehicle; Placed into a closed and secure carrying device; Rendered inoperative by 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.
Section 62.1-01-01(11). This requirement does not apply to concealed weapons licensees and certain other individuals. Section 62.1-03-01(2). See the North Dakota Carrying Firearms section above for a complete list of exceptions.
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A person under the age of 18 may not possess a handgun except while under the direct supervision of an adult for purposes of firearm safety training, target shooting, or hunting. N.D. Cent. Code § 62.1-02-01. See also 18 U.S.C. § 922(x)(2), (3) and (5). It is a misdemeanor to sell, barter, hire, lend, or give a handgun to a "minor" (defined by N.D. Cent. Code § 14-10-01 as a person under 18), except while the minor is under the direct supervision of an adult and for the purpose of firearm safety training, target shooting, or hunting. Section 62.1-03-02. See also 18 U.S.C. § 922(x)(1), (3) and (5). Federal law prohibits licensed dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1).
There is no minimum age to possess rifles and shotguns in North Dakota or under federal law. Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Neither North Dakota nor federal law provides an age limitation with respect to the sale of a long gun by an unlicensed person.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in North Dakota, although federal and state purchaser prohibitions still apply. See the North Dakota Background Checks section. North Dakota Century Code § 62.1-02-08 prohibits supplying a firearm or ammunition to a person the transferor knows or has reasonable cause to believe is prohibited by section 62.1-02-01 from possessing a firearm. Section 62.1-02-08 also prohibits procuring or receiving a firearm or ammunition for such a person. Section 62.1-02-02 prohibits any person from transferring a handgun to any such a person.
North Dakota prohibits any person from delivering to or providing a penitentiary inmate with a firearm intended to be used for an assault or to damage property. Section 12-47-21(6). It also prohibits knowingly supplying a firearm for use in a riot. Section 12.1-25-02.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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