ND: State Firearms Laws

NORTH DAKOTA
(As of August, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 


QUICK REFERENCE CHART

                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO
Registration of Firearms NO             NO
Licensing of Owner       NO             NO
Permit to Carry          NO             YES*

*(Concealed only)

STATE CONSTITUTIONAL PROVISION

"All individuals...have certain inalienable rights, among which
are...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." (Article 1, Section l)

POSSESSION

     Possession or ownership of a firearm is prohibited by (1)
any person convicted anywhere of a felony involving violence or
intimidation for ten years from the date of conviction or release
from confinement or probation, whichever is the latter; (2) any
person convicted of any other felony or of a Class A misdemeanor
involving violence or intimidation and that crime was committed
while using or possessing a dangerous weapon or firearm is
prohibited from owning or possessing a firearm for five years
from the date of conviction or release from incarceration or
probation, whichever is the latter; (3) a person diagnosed and
confined or committed as mentally ill is prohibited from owning
or possessing a firearm, but this does not apply to a person who
has not suffered from the disability for the previous three
years; (4) a person under eighteen may possess a handgun only
under direct adult supervision for purposes of firearm safety
training, target shooting or hunting.
     It is unlawful to possess or sell a rifle with an overall
length under 26 inches and/or a barrel under 16 inches or shotgun
with an overall length under 26 inches and/or a barrel under 18
inches with the exception of law enforcement officers or members
of the armed forces in official duty capacity, and any person
complying with the National Firearms Act [26 USC 5801-5872].
     Possession of a firearm is prohibited in a liquor
establishment or gaming site with the exception of law
enforcement officers, proprietors and their employees or a
designee displaying an unloaded firearm as a prize or sale item
in raffle or auction.
     At a public gathering* it is unlawful to possess a firearm
except for law enforcement officers; members of the armed forces
(on duty); competitors in shooting events and gun shows; those
using blank cartridges in theatrical events; firearms carried in
a temporary residence or motor vehicle; students and instructors
at hunter safety classes, and onduty private security personnel.

CARRY

A. Loaded Firearms.

     No person may keep or carry a loaded firearm in or on any
motor vehicle. Exceptions include: (1) persons possessing a valid
North Dakota concealed weapons license, except while that person
is in the field engaged in trapping and hunting activities; (2)
any person in the field engaged in lawful hunting or trapping of
nongame species or furbearing animals; (3) a security guard or
private investigator licensed to carry firearms by the attorney
general; (4) any person possessing a valid special permit; (5) a
law enforcement officer, except while the officer is engaged in
hunting and trapping activities with a rifle or shotgun; (6) a
member of the military while possessing an issued firearm and
while on official duty.

B. Concealed Firearms.

     Carrying any firearm concealed is prohibited with the
exception of one who is licensed to do so, except one who is
exempted by the statute, or a law enforcement officer. Concealed
is defined as "not discernible by the ordinary observation of a
passerby." Concealed does not include: (1) a firearm in a belt
holster or gun case if the holster or case is substantially
visible or locked in a closed trunk or luggage compartment of a
motor vehicle; (2) a firearm carried in a field while lawfully
engaged in hunting, target shooting or trapping; (3) a handgun
carried unloaded and in a secure wrapper to or from a home, place
of business, or repair; (4) an unloaded rifle or shotgun while
carried in a motor vehicle.

C. Handguns.

     Unless otherwise prohibited by statute, handguns may be
carried between the hours of one hour before sunrise and one hour
after sunset only if unloaded and in plain view or secured;
between the hours of one hour after sunset and one hour before
sunrise only if the handgun is carried unloaded and secured.
These restrictions do not apply to one who is on his own land or
fixed place of business or permanent or temporary residence;
possesses a valid North Dakota concealed weapons license; is
lawfully engaged in target shooting or in the field and engaged
in hunting or trapping; is carrying a handgun in a secure wrapper
from the place of purchase to that person's home or business or
to the place of repair; is a North Dakota law enforcement officer
or a law enforcement officer from another state on official duty;
is an armed security guard or member of the military and is on
duty; is an employee of the United States authorized to carry a
handgun; is a person engaged in manufacturing, repairing, or
dealing in handguns, or the agent of such person possessing,
using, or carrying a handgun in the usual or ordinary course of
business; and is a common carrier when carrying handguns as a
part of the cargo in the usual cargo carrying portion of the
vehicle.

D. License to Carry Concealed.

     The chief of the bureau of criminal investigation shall
issue a license to carry a firearm concealed upon review of an
application if the applicant meets the following criteria: (1)
has a valid reason for carrying the firearm concealed, including
self-protection, protection of others, or work related needs; (2)
is not prohibited from possessing a firearm (see POSSESSION); (3)
has written approval for the issuance of such a license from the
sheriff of the applicants county of residence and, if the city
has one, the chief of police or designee of the city in which the
applicant resides; (4) the applicant must satisfactorily complete
the bureau of criminal investigation application form and
successfully completed a background investigation or the criminal
records check conducted by that agency.
     Pending the sheriff's approval the applicant must
successfully complete a background investigation in that county
and have attended a testing procedure conducted pursuant to rules
adopted by the attorney general. The testing procedure must
include an open book test to be given from a manual that sets
forth weapon safety rules and the deadly force law of North
Dakota. Also included in this testing procedure is a proficiency
test consisting of a course of fire. A weapons instructor
certified by the attorney general shall conduct the testing
procedure to ensure a minimal level of competency in the loading
and unloading of the firearm, use of safety devices and basic
firearm functioning, and minimal accuracy. A fee of up to fifty
dollars may be charged for conducting this test. The sheriff is
required to process the application within 30 days after the
applicant has successfully completed a proficiency test, the
police chief is required to process the application within 10
working days of its receipt, and the bureau of criminal
investigation is required to process the application and make a
determination within 30 days of receipt from the forwarding
agency.
     The chief of the bureau of criminal investigation shall
prescribe the form of the application and license. Photographs
and fingerprints are required. The license is valid for three
years and must be prepared in triplicate with the original sent
to the applicant and duplicates sent by mail to the sheriff
and/or chief of police of the place in which the applicant
resides.
     Every person while carrying a concealed firearm must produce
a license on demand. Failure to do so is prima facie evidence
that the weapon is being carried illegally.

PURCHASE

     A copy of the federal license to sell handguns shall be sent
by retail dealers to the chief of police of the city and sheriff
of the county in which the dealer is licensed to sell handguns
within seven days after receipt of the dealer's license.
     No person in purchasing or securing delivery of a handgun or
in applying for a license to carry a handgun concealed may give
false information or false evidence of the person's identity.
     It is unlawful to sell a handgun to a minor. However, this
does not prohibit a person from lending or giving a handgun to a
minor if he will be using the handgun under direct supervision of
an adult. No person may transfer a handgun to any person who the
transferor knows or has reasonable cause to believe is prohibited
from possessing a firearm. It is unlawful to supply a firearm or
ammunition to, or procure or receive a firearm or ammunition for,
a person prohibited from receiving it if the transferor knows or
has reasonable cause to believe that such person is prohibited
from receiving or possessing it.

MACHINE GUNS

     No person may possess a machine gun unless he complies with
the National Firearms Act [26 USC 5801-5872]. Any federal
licensee who purchases, sells, has or possesses a machine gun
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 the chief of the bureau of criminal investigations
within five days of receipt of the form. Exemptions are for:
authorized agents of one who has a license to purchase, sell,
have, or possess a machine gun; members of a duly authorized
military organization; North Dakota and federal law enforcement
officers.

MISCELLANEOUS PROVISIONS

     No political subdivision, including home rule cities or
counties, may enact any ordinance relating to the purchase, sale,
ownership, transfer, registration, or licensure of firearms and
ammunition which is more restrictive than state law.
     It is unlawful to discharge a firearm within a city, with
the exception of 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 but not limited to shooting galleries and ranges.
     It is unlawful for any parent, guardian, or other person
having charge or custody of a minor under fifteen years of age to
permit that minor to carry or use in public any loaded firearm,
except when the minor is under the direct supervision of the
parent or guardian.
     It is lawful for a person residing in the state, including a
corporation or other business entity maintaining a place of
business, to purchase or otherwise obtain a rifle or shotgun from
a federally licensed gun dealer in a contiguous state and to
receive or transport that rifle or shotgun into this state.
     No person may change, alter, remove, or obliterate any mark
of identification on a handgun or knowingly possess a handgun on
which such alterations have been made. Possession of such a
handgun creates a rebuttable presumption that the possessor made
the alterations.

ANTIQUES: Not addressed by this Statute.

CITATION: Source, North Dakota Century Code Sec. 62.1-01-01 to
Sec. 62.1-05-02.

CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action

=+=+=+=+
This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA.

This and other information on the Second Amendment and the NRA is
available at any of the following URL's: http://WWW.NRA.Org, 
gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org,
mailto:LISTPROC@NRA.Org (Send the word help as the body of a message)

Information may also be obtained by connecting directly to the 
NRA-ILA GUN-TALK Bulletin Board System at (703) 934-2121.