2013 North Dakota Century Code
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62.1-04-01. Definition of concealed.
A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be
discernible by the ordinary observation of a passerby. There is no requirement that there be
absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily
discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is
worn under clothing or carried in a bundle that is held or carried by the individual, or transported
in a vehicle under the individual's control or direction and available to the individual, including
beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered
concealed if it is:
1. Carried in a belt holster which is wholly or substantially visible or carried in a case
designed for carrying a firearm or dangerous weapon and which is wholly or
2. Locked in a closed trunk or luggage compartment of a motor vehicle;
3. Carried in the field while lawfully engaged in hunting, trapping, or target shooting,
whether visible or not; or
4. Carried by any person permitted by law to possess a handgun unloaded and in a
secure wrapper from the place of purchase to that person's home or place of business,
or to a place of repair, or back from those locations.
5. A bow and arrow, an unloaded rifle or shotgun, or an unloaded weapon that will expel,
or is readily capable of expelling, a projectile by the action of a spring, compressed air,
or compressed gas including any such weapon commonly referred to as a BB gun, air
rifle, or CO2 gun, while carried in a motor vehicle.
62.1-04-02. Carrying concealed firearms or dangerous weapons prohibited.
An individual, other than a law enforcement officer, may not carry any firearm or dangerous
weapon concealed unless the individual is licensed to do so or exempted under this chapter. For
purposes of this chapter, the term "dangerous weapon" does not include a spray or aerosol
containing CS (ortho-chlorobenzamalonitrile), CN (alpha-chloroacetophenone) or other irritating
agent intended for use in the defense of an individual, nor does the term include any stun gun or
device that uses direct contact to deliver voltage for the defense of an individual.
62.1-04-03. License to carry a firearm or dangerous weapon concealed - Class 1
firearm license and class 2 firearm and dangerous weapon license.
1. The director of the bureau of criminal investigation shall issue a license to carry a
firearm or dangerous weapon concealed upon review of an application submitted to
the director if the following criteria are met:
a. The applicant is at least twenty-one years of age for a class 1 firearm license or
at least eighteen years of age for a class 2 firearm and dangerous weapon
b. The applicant can demonstrate that the applicant is a resident of this state by
providing a copy of a valid driver's license or state-issued identification card from
this state that establishes personal identification through photographic means and
shows the applicant's name associated with a valid residential street address in
this state or the applicant possesses a valid driver's license from the applicant's
state of residence that establishes personal identification through photographic
means and shows the applicant's name associated with a valid residential street
address and a valid concealed weapons license from the applicant's state of
residence, which state has reciprocity with this state under section 62.1-04-03.1;
c. The applicant is not an individual specified in section 62.1-02-01 and for a class 1
firearm license the applicant:
(1) Has not been convicted of a felony;
(2) Has not been convicted of a crime of violence;
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Has not been convicted of an offense involving the use of alcohol within ten
years prior to the date of application;
(4) Has not been convicted of a misdemeanor offense involving the unlawful
use of narcotics or other controlled substances within ten years prior to the
date of application;
(5) Has not been convicted of an offense involving moral turpitude;
(6) Has not been convicted of an offense involving domestic violence;
(7) Has not been adjudicated by a state or federal court as mentally
incompetent, unless the adjudication has been withdrawn or reversed; and
(8) Is qualified to purchase and possess a firearm under federal law;
d. The applicant has successfully completed the testing procedure conducted by a
certified test administrator. The person conducting the testing may assess a
charge of up to fifty dollars for conducting this testing. The attorney general may
certify a test administrator based upon criteria and guidelines prescribed by the
director of the bureau of criminal investigation;
e. The applicant satisfactorily completes the bureau of criminal investigation
application form and has successfully passed the criminal history records check
conducted by the bureau of criminal investigation and the federal bureau of
investigation. The applicant shall provide all documentation relating to any
court-ordered treatment or commitment for mental health or alcohol or substance
abuse. The applicant shall provide the director of the bureau of criminal
investigation written authorizations for disclosure of the applicant's mental health
and alcohol or substance abuse evaluation and treatment records. The bureau
may deny approval for a license if the bureau has reasonable cause to believe
that the applicant or licenseholder has been or is a danger to self or others as
demonstrated by evidence, including past pattern of behavior involving unlawful
violence or threats of unlawful violence; past participation in incidents involving
unlawful violence or threats of unlawful violence; or conviction of a weapons
offense. In determining whether the applicant or licenseholder has been or is a
danger to self or others, the bureau may inspect expunged records of arrests and
convictions of adults and juvenile court records; and
f. The applicant is not prohibited under federal law from owning, possessing, or
having a firearm under that individual's control.
The attorney general shall offer class 1 firearm and class 2 firearm and dangerous
weapon licenses to carry a firearm or dangerous weapon concealed under the
a. An applicant for a class 1 firearm license shall successfully participate in a
classroom instruction that sets forth weapon safety rules and the deadly force law
of North Dakota, complete an open book test based upon a manual, demonstrate
familiarity with a firearm, and complete an actual shooting or certified proficiency
exercise. Evidence of familiarity with a firearm to be concealed may be satisfied
by one of the following:
(1) Certification of familiarity with a firearm by an individual who has been
certified by the attorney general, which may include a law enforcement
officer, military or civilian firearms instructor, or hunter safety instructor;
(2) Evidence of equivalent experience with a firearm through participation in an
organized shooting competition, law enforcement, or military service;
(3) Possession of a license from another state to carry a firearm, concealed or
otherwise, which is granted by that state upon completion of a course
described in paragraphs 1 and 2; or
(4) Evidence that the applicant, during military service, was found to be
qualified to operate a firearm.
b. An applicant for a class 2 firearm and dangerous weapon license is required to
successfully complete the open book test offered for the class 1 firearm license.
c. A North Dakota resident who has a valid class 1 firearm license also may carry a
class 2 dangerous weapon without any further testing required.
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Additional testing is not required to renew a class 2 firearm and dangerous
weapon license. A class 1 firearm license may be renewed upon successful
completion of the class 1 firearm requirements within thirty days before
submission of the application for renewal.
The director of the bureau of criminal investigation shall send by mail to a holder of a
license a notice of the procedures for renewal of the license issued under this section.
The director shall give the notice at least one hundred fifty days but not more than one
hundred eighty days before the expiration of the license.
The bureau of criminal investigation is required to process the application and make a
determination within sixty days of receipt of the properly completed application.
The fee for a concealed weapons license must be credited to the attorney general's
operating fund. All fees must be paid before the license application may be processed
by the director of the bureau of criminal investigation. The attorney general shall list
the fees associated with the license, including the costs of the fingerprint-based
federal criminal history record check, in the attorney general's administrative rules.
The director of the bureau of criminal investigation shall prescribe the form of the
application and license, which must include the name, address, description, a
photograph, and the signature of the individual. The application form must require
sufficient information to properly conduct a criminal history record check and be
a. A photocopy of a valid driver's license or identification card issued by this state
which establishes personal identification through photographic means and shows
the applicant's name associated with a valid residential street address in this
state or a valid state-issued driver's license from the applicant's state of residence
which establishes personal identification through photographic means and shows
the applicant's name associated with a valid residential street address and a valid
concealed weapons license from the applicant's state of residence, which has
reciprocity with this state under section 62.1-04-03.1; and
b. Two sets of classifiable fingerprints. The two sets of classifiable fingerprints are
not required for a renewal of a concealed weapons license. The license is valid
for five years. The original license must be delivered to the licensee and an
electronic copy must be preserved for six years by the director. Access to license
information must be available to law enforcement through electronic means for
official law enforcement purposes. The applicant or licenseholder shall notify the
director of the bureau of criminal investigation of any change of address or any
other material fact which would affect the restrictions on or the need for the
The director of the bureau of criminal investigation may deny an application or revoke
or cancel a license after it has been granted for any material misstatement by an
applicant in an application for the license or any violation of this title.
The applicant may appeal a denial or revocation of this license to the district court of
Information collected from an applicant under this section is confidential information.
However, the information may be disclosed:
a. To a governmental agency or court for a law enforcement purpose, including the
investigation, prosecution, or punishment of a violation of law.
b. To a court to aid in a decision concerning sentence, probation, or release pending
trial or appeal.
c. Pursuant to a court order or a judicial, legislative, or administrative agency
subpoena issued in this state.
The attorney general may adopt any rules necessary to implement this title.
A person who has a valid license issued by another state to carry a concealed firearm or
dangerous weapon in that state and whose state grants to residents of this state the right to
carry a concealed firearm or dangerous weapon without requiring a separate license to carry a
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concealed firearm or dangerous weapon issued by that state may carry, subject to the
provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the
other state's license is valid in this state.
62.1-04-04. Producing license on demand.
Every person while carrying a concealed firearm or dangerous weapon, for which a license
to carry concealed is required, shall have on one's person the license issued by this or another
state and shall give it to any law enforcement officer for an inspection upon demand by the
officer. The failure of any person to give the license to the officer is prima facie evidence that the
person is illegally carrying a firearm or dangerous weapon concealed.
Any person who violates this chapter is guilty of a class A misdemeanor.
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Title 62.1 Weapons
Chapter 62.1-04 Concealed Weapons
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