2012 North Dakota Century Code Title 62.1 Weapons Chapter 62.1-05 Machine Guns, Automatic Rifles, Silencers, Bombs
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CHAPTER 62.1-05
MACHINE GUNS, AUTOMATIC RIFLES, SILENCERS, BOMBS
62.1-05-01. Possession and sale of machine guns, automatic rifles, silencers, and
bombs - Penalty - Forfeiture.
No person may 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].
Any federal licensee who purchases, sells, has, or possesses those items for the licensee's
protection or for sale must forward a copy of the licensee's federal license along with the
required weapons transfer form to the licensee's local county sheriff and to the chief of the
bureau of criminal investigation within five days of the receipt of those forms.
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.
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.
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