2016 North Dakota Century Code Title 62.1 Weapons Chapter 62.1-02 Possession of Weapons
Download as PDF
CHAPTER 62.1-02
POSSESSION OF WEAPONS
62.1-02-01. Persons who are not to possess firearms - Penalty.
1. a. A person who has been convicted anywhere of a felony offense involving violence
or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent
felony offense of another state or the federal government is prohibited from
owning a firearm or having one in possession or under control from the date of
conviction and continuing for a period of ten years after the date of conviction or
the date of release from incarceration, parole, or probation, whichever is latest.
b. A person who has been convicted anywhere of a felony offense of this or another
state or the federal government not provided for in subdivision a or who has been
convicted of a class A misdemeanor offense involving violence or intimidation in
violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another
state or the federal government and the offense was committed while using or
possessing a firearm, a dangerous weapon, or, as defined in subsections 7 and 8
of section 12.1-01-04, a destructive device or an explosive, is prohibited from
owning a firearm or having one in possession or under control 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.
c. 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, other than a person who has had the petition that provided the basis
for the diagnosis, confinement, or commitment dismissed under section
25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another
jurisdiction, as a person requiring treatment as defined in section 25-03.1-02, or
as a mentally deficient person as defined in section 25-01-01, is prohibited from
purchasing a firearm or having one in possession or under control. This limitation
does not apply to a person who has not suffered from the disability for the
previous three years or who has successfully petitioned for relief under section
62.1-02-01.2.
d. A person under the age of eighteen years may not possess a handgun except
that such a person, while under the direct supervision of an adult, may possess a
handgun for the purposes of firearm safety training, target shooting, or hunting.
A person who violates subdivision a or b is guilty of a class C felony, and a person who
violates subdivision c or d is guilty of a class A misdemeanor.
2. For the purposes of this section, "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:
a. The court suspended execution of sentence in accordance with subsection 3 of
section 12.1-32-02;
b. The court deferred imposition of sentence in accordance with subsection 4 of
section 12.1-32-02;
c. The court placed the person on probation;
d. The person's conviction has been reduced in accordance with subsection 9 of
section 12.1-32-02 or section 12.1-32-07.1;
e. Sentence dispositions, sentence reductions, or offense determinations equivalent
to this section were imposed or granted by a court, board, agency, or law of
another state or the federal government; or
f. The person committed an offense equivalent to an offense described in
subdivision a or b of subsection 1 when that person was subject to juvenile
adjudication or proceedings and a determination of a court under chapter 27-20
or of a court of another state or the federal government was made that the person
committed the delinquent act or offense.
Page No. 1
62.1-02-01.1. Restoration of right to possess firearm.
1. An individual who is prohibited from possessing a firearm due to a conviction of a
felony under subdivision b of subsection 1 of section 62.1-02-01 may petition the
district court for restoration of the individual's firearm rights. If the felony offense was
committed in this state, the petition must be filed with the district court in the county
where the offense occurred. If the offense was a felony of another state or the federal
government, the petition must be filed with the district court in the county where the
petitioner resides. A copy of the petition must be served on the state's attorney's office
in the county where the petition is filed in accordance with Rule 5 of the North Dakota
Rules of Civil Procedure. The state's attorney's office shall have twenty days to file a
written response to the petition with the district court.
2. The district court may restore the right of an individual to possess a firearm if the court
determines, by clear and convincing evidence, that all of the following circumstances
exist:
a. The individual has paid all fines imposed for the violation resulting in the
prohibition;
b. The individual has served all terms of imprisonment imposed for the violation
resulting in the prohibition;
c. The individual has successfully completed all conditions of probation or parole
imposed for the violation resulting in the prohibition; and
d. The individual's record and reputation are such that the individual is not likely to
act in a manner dangerous to the safety of others.
62.1-02-01.2. Mental disability and the possession of firearms.
1. A court shall make a finding as to whether the provisions of 18 U.S.C. 922(d) (4) and
(g)(4) apply to the subject of a following proceeding in which the court:
a. Finds that a person, as a result of mental disease or defect, may not be held
criminally responsible in any case pursuant to chapter 12.1-04 or 12.1-04.1;
b. Finds that a person is a "mentally deficient person", as defined in subsection 3 of
section 25-01-01;
c. Orders involuntary hospitalization or commitment to a treatment facility or
involuntary treatment pursuant to chapter 25-03.1;
d. Orders involuntary commitment or involuntary treatment under chapter 25-03.3;
e. Appoints a guardian ad litem under section 28-03-04;
f. Appoints a guardian under chapter 30.1-28; or
g. Appoints a conservator under chapter 30.1-29.
2. If the court finds that the provisions apply, the clerk of the court shall forward the
individual's name and nonclinical identifying information to the bureau of criminal
investigation, which shall forward the information to the federal bureau of investigation,
or its successor agency, for inclusion in the national instant criminal background check
system database. The court also shall notify the individual of the prohibitions of
18 U.S.C. 922(d)(4) and (g)(4), and, if relevant, of subdivision c of subsection 1 of
section 62.1-02-01.
3. If a court of this state has found an individual under subsection 1 to be subject to the
provisions of 18 U.S.C. 922(d)(4) and (g)(4), that individual may petition the court that
issued the finding or the district court of the county where the individual resides to
remove that individual's firearms-related disabilities, as provided in Public Law
No. 110-180, 105(a). A copy of the petition for relief must be served on the director of
the treatment facility that treated the individual pursuant to court order and the
prosecuting attorney of the county in which the original finding, order, or appointment
occurred. The director of the treatment facility that treated the individual pursuant to
court order and the prosecuting attorney may appear, support, object to, and present
evidence relevant to the relief sought by the petitioner. The court shall receive and
consider evidence in a closed proceeding, including evidence offered by the petitioner,
concerning:
a. The circumstances of the original order, appointment, or finding;
Page No. 2
b.
c.
d.
4.
5.
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 shall 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. 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. An individual may file a petition for relief under this
section no more than once every two years.
When a magistrate or court issues an order granting a petition for relief under
subsection 3, the clerk of the court immediately shall forward a copy of the order to the
bureau of criminal investigation in the format and medium specified by the bureau after
consultation with the state court administrator. The bureau immediately shall forward a
copy to the federal bureau of investigation, or its successor agency, for updating of the
national instant criminal background check system database.
62.1-02-02. Sale of handgun regulated - Penalty.
No person may transfer a handgun to any person who the transferor knows or has
reasonable cause to believe is a person prohibited by section 62.1-02-01 from possessing a
firearm. Any person who violates this section is guilty of a class A misdemeanor.
62.1-02-03. Possession or sale of short-barreled rifle or shotgun - Penalty Application.
A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a
short-barreled shotgun is guilty of a class C felony. This section does not apply to a law
enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a
short-barreled shotgun in the course of or in connection with the officer's official duties, to 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 short-barreled rifle or
short-barreled shotgun issued to the member by that organization and while on official duty, or
to any person who complies with the National Firearms Act [26 U.S.C. 5801-5872].
62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment
prohibited - Penalty - Exceptions.
1. An individual who enters or remains in that part of the establishment that is set aside
for the retail sale of alcoholic beverages and the consumption of purchased alcoholic
beverages or used as a gaming site at which bingo is the primary gaming activity while
that individual knowingly possesses a firearm or dangerous weapon is guilty of a
class A misdemeanor. In addition, an individual is guilty of an offense under this
section for the knowing possession of a device that uses a projectile and voltage in the
part of an establishment that is set aside for the retail sale and consumption of
alcoholic beverages.
2. This section does not apply to:
a. A law enforcement officer.
b. The proprietor.
c. The proprietor's employee.
d. A designee of the proprietor when the designee is displaying an unloaded firearm
or dangerous weapon as a prize or sale item in a raffle or auction.
e. Private security personnel while on duty for the purpose of delivering or receiving
moneys used at the liquor establishment or at the gaming site at which bingo is
the primary gaming activity.
f. The restaurant part of an establishment if an individual under twenty-one years of
age is not prohibited in that part of the establishment.
Page No. 3
62.1-02-05. Possession of a firearm or dangerous weapon at a public gathering Penalty - Application.
1. An individual who knowingly possesses a firearm or dangerous weapon at a public
gathering is guilty of a class B misdemeanor. For the purpose of this section, "public
gathering" means an athletic or sporting event, a school, a church, and a publicly
owned or operated building.
2. This section does not apply to:
a. A law enforcement officer;
b. A member of the armed forces of the United States or national guard, organized
reserves, state defense forces, or state guard organizations, when on duty;
c. A competitor participating in an organized sport shooting event;
d. A gun or antique show;
e. A participant using a blank cartridge firearm at a sporting or theatrical event;
f. A firearm or dangerous weapon carried in a temporary residence or motor
vehicle;
g. A student and an instructor at a hunter safety class;
h. Private security personnel while on duty;
i. A state or federal park;
j. An instructor, a test administrator, an official, or a participant in 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;
k. An individual in a publicly owned or operated rest area or restroom;
l. An individual possessing a valid concealed weapons license from this state or
who has reciprocity under section 62.1-04-03.1 authorizing the individual to carry
a dangerous weapon concealed if the individual is in a church building or other
place of worship and has the approval to carry in the church building or other
place of worship by a primary religious leader of the church or other place of
worship or the governing body of the church or other place of worship. If a church
or other place of worship authorizes an individual to carry a concealed weapon,
local law enforcement must be informed of the name of the authorized individual;
and
m. A municipal court judge, a district court judge, a staff member of the office of
attorney general, and a retired North Dakota law enforcement officer, 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 under this section
to an individual who is proficient.
3. This section does not prevent any political subdivision from enacting an ordinance that
is less restrictive than this section relating to the possession of firearms or dangerous
weapons at a public gathering. An enacted ordinance supersedes this section within
the jurisdiction of the political subdivision.
62.1-02-06. Discharge of firearm within city - Penalty - Application.
A person who discharges a firearm within a city is guilty of a class B misdemeanor. This
section does not apply to 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 shooting galleries and ranges.
62.1-02-07. Use of firearm by certain minors prohibited - Penalty.
Any parent, guardian, or other person having charge or custody of any minor under fifteen
years of age who permits that minor to carry or use in public any firearm of any description
loaded with powder and projectile, except when the minor is under the direct supervision of the
parent, guardian, or other person authorized by the parent or guardian, is guilty of a class B
misdemeanor.
Page No. 4
62.1-02-08. Illegal firearms, ammunition, or explosive materials business.
1. A person is guilty of an offense if the person supplies a firearm, ammunition, or
explosive material to, or procures or receives a firearm, ammunition, or explosive
material for, a person prohibited by this title from receiving it if the transferor knows or
has reasonable cause to believe that such person is prohibited by section 62.1-02-01
from receiving or possessing it.
2. The offense is a class C felony if the actor:
a. Was not licensed or otherwise authorized by law to handle, transfer, or engage in
transactions with respect to the firearm, destructive device, or explosive material;
or
b. Engaged in the forbidden transaction under circumstances manifesting the actor's
readiness to supply or procure on other occasions in disregard of lawful
restrictions.
Otherwise the offense is a class A misdemeanor.
62.1-02-09. Possession of explosive and destructive device in government building Penalty.
A person, except for a law enforcement officer while on official business, is guilty of a class
C felony if the person possesses an explosive or destructive device in a government building
without the written consent of the government agency or person responsible for the
management of the building.
62.1-02-10. Carrying loaded firearm in certain vehicles prohibited - Penalty Exceptions.
An individual may not keep or carry a loaded firearm in or on any motor vehicle, including
an off-highway vehicle or snowmobile in this state. An individual violating this section is guilty of
a class B misdemeanor. This prohibition does not apply to:
1. A member of the armed forces of the United States or national guard, organized
reserves, state defense forces, or state guard organizations while possessing the
firearm issued to the member by the organization and while on official duty.
2. A law enforcement officer.
3. An individual possessing a valid concealed weapons license from this state or who has
reciprocity under section 62.1-04-03.1 with a handgun, or with a rifle or shotgun if not
in the field hunting or trapping.
4. An individual in the field engaged in lawful hunting or trapping of nongame species or
fur-bearing animals.
5. A security guard or private investigator properly licensed to carry firearms.
6. An individual possessing a valid special permit issued pursuant to section 20.1-02-05.
62.1-02-10.1. Carrying a loaded firearm in vehicle while hunting - Penalty.
An individual who is in the field engaged in the lawful hunting of big game or small game
and who violates section 62.1-02-10 is not subject to a criminal penalty but is guilty of a class 2
noncriminal offense under chapter 20.1-01.
62.1-02-11. Possessing explosive prohibited - Exception - Penalty.
No person may have in custody, possession, or control any nitroglycerin, dynamite, or any
other dangerous or violent explosive, unless the explosive is carried in the prosecution of or to
effect a lawful and legitimate purpose. Any person violating this section is guilty of a class C
felony.
62.1-02-12. Resident may purchase rifle or shotgun in contiguous state - Application Definitions.
Repealed by S.L. 2005, ch. 598, § 2.
Page No. 5
62.1-02-13. Possession of secured firearm - Prohibition by employer prohibited.
1. A public or private employer may not:
a. Prohibit any 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 if the customer, employee, or invitee is
lawfully in the area.
b. 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. In addition, a public or private employer may not 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.
c. 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.
d. 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 customer's, employee's,
or invitee's private motor vehicle.
e. 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.
2. A public or private employer has no duty of care related to the actions prohibited under
this section.
3. A public or private employer is not liable in a criminal or civil action based on actions or
inactions taken in compliance with this section. The immunity provided in this
subsection does not apply to civil actions based on actions or inactions of public or
private employers that are unrelated to compliance with this section.
4. This section does not expand any existing duty, or create any additional duty, on the
part of a public or private employer, property owner, or property owner's agent.
5. A person aggrieved under this section may bring a civil action for violation of rights
protected under this section. In any successful action brought by a customer,
employee, or invitee aggrieved under this section, the court shall award all reasonable
personal costs and losses suffered by the aggrieved person as a result of the violation
of rights under this section. In any action brought under this section, the court shall
award all court costs and attorney's fees to the prevailing party.
6. The prohibitions in subsection 1 do not apply to:
a. Any public or nonpublic elementary school, middle school, or high school
property.
b. Any correctional facility or institution.
c. 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.
d. 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
Page No. 6
e.
f.
g.
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.
The state hospital.
Page No. 7
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
