FIND GUN LAWS BY STATE

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ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

North Dakota Gun Laws

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Introduction

North Dakota is bordered to the north by Canada, the south by South Dakota, the west by Montana, and the east by Minnesota.  It is the third least-populous state in the United States, and agriculture is its largest economic industry. Open carry is legal in North Dakota with a valid license to carry, but You can carry an unloaded handgun without a license during daylight hours, or at any time on Your property.

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A. State Constitution

Regarding the right to bear arms, the North Dakota Constitution states:

“All individuals are by nature equally free and independent and have certain inalienable rights, among which are those of …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.”

[http://gunla.ws/nd1]

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B. Scope of Preemption

The controlling language of North Dakota’s preemption statute is set forth as follows:

“A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of fire arms and ammunition which is more restrictive than state law. All such existing ordinances are void.”

[http://gunla.ws/nd2]

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C. Reciprocal Carry

By statute, North Dakota will recognize another state’s license to carry if that state recognizes North Dakota’s license:

“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 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.”

Non-residents must have a valid concealed weapons license from their home state, which is determined by their driver’s license and the state must have reciprocity with North Dakota. Anyone contemplating reciprocal carry should check with the official list maintained by the North Dakota State Police at the point in time the reciprocal carry is to occur. States add and delete states with reciprocity agreements over time. [http://gunla.ws/nftr]

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D. Constitutional Carry

North Dakota residents who are over the age of 18 and legally permitted to possess a firearm may carry a handgun openly or concealed without a permit. North Dakota’s Permitless Carry Law only applies to North Dakota residents who have possessed a valid North Dakota driver’s license or non-driver identification card for a minimum of 1 year. [http://gunla.ws/vxd6]

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E. NFA Items

North Dakota permits ownership of all NFA items, provided they are legally obtained pursuant to federal law. It is legal to use suppressors for hunting. CLEOs are required to sign an application for the transfer of any item regulated under the NFA within 30 days if the applicant is not prohibited by law from receiving it. NFA-compliant automatic firearms must be registered with the county sheriff and the state Bureau of Criminal Investigation. [http://gunla.ws/naxz]

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F. Carrying Firearms in Vehicles

North Dakota permits anyone who may legally possess a firearm to carry it in a vehicle without a permit, openly or concealed, so long as the firearm is unloaded. A carry permit is generally required to carry a loaded firearm in a vehicle.

[http://gunla.ws/nd3]

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G. Self-defense Laws

North Dakota has a Castle Doctrine but no SYG law. There is no duty to retreat when in Your dwelling. You may use force, including deadly force, in defense of yourself or others if You reasonably believe it is necessary to prevent imminent death, SBI, the commission of a forcible felony, or if necessary to protect Your dwelling, place of business, or occupied motor home from arson, burglary, robbery, or other forcible felonies. [http://gunla.ws/nd4]

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H. Criminal Provisions

Under North Dakota law, a license to carry a handgun is not valid in any of the following places or circumstances, whether it is issued by North Dakota, or a person is carrying pursuant to a reciprocity agreement between his or her state of license and North Dakota:

  • In a government building
  • A gaming (gambling) establishment
  • At a public gathering, which includes:
    • Athletic or sporting events
    • Schools or school functions, except college students or employees with a valid license may keep a firearm in a locked vehicle on campus
    • Churches or church functions, except with permission
    • Political rallies or functions
  • Publicly owned and operated buildings
  • MGs must be registered with the North Dakota Bureau of Criminal Investigation and the county sheriff

 For a list of places where carrying firearms is prohibited, see:

[http://gunla.ws/nd5]

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I. Duty to Inform Officer

If You are a North Dakota Resident carrying under permitless carry, You must immediately inform the LEO that You are carrying a firearm. If You have a permit/license issued by North Dakota or a state they honor, You do not need to inform the LEO unless they ask. Every individual while carrying a concealed firearm or dangerous weapon, for which a license to carry concealed is required, must have on one’s person the license issued by North Dakota or another state and must provide it to any LEO for an inspection upon demand by the LEO. [http://gunla.ws/asbn]

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J. Do “No Gun Signs” Have the Force of Law?

No. “No Firearm” signs in North Dakota do not have the force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to criminal charges.

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K. Carry in Restaurants That Serve Alcohol

Yes. North Dakota has no laws prohibiting the carrying of firearms in restaurants that serve alcohol. Places like Fridays or Chili’s unless they have a “No Gun Sign,” then it is suggested that You not carry into the establishment. This does not include a bar or the bar area of a restaurant – You are prohibited from carrying into these areas. You can carry Your firearm into a restaurant that serves alcohol, but You are prohibited from carrying while You consume alcohol or are under the influence of alcohol. [http://gunla.ws/i5w2]

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L. Open Carry

Open carry is legal, but non-residents must have a valid permit/license to carry a concealed handgun that North Dakota issues or honors in order to open carry. North Dakota residents who have been a resident of North Dakota for at least one year can carry without a permit. Open carry of long guns is generally permitted. Non-permit holders may carry one hour before sunrise until one hour after sunset, provided the firearm is unloaded and in plain sight. The minimum age for open carry is 18. [http://gunla.ws/ar25]

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FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More