North Dakota

Get the latest information on North Dakota firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of North Dakota - N.D. Const. Art. I, § 1
" "The right of the people to keep and bear arms shall not be infringed." (N.D. Const. Art. I, § 1)

 

North Dakota's firearm law history reflects a gradual evolution towards greater rights for gun owners. Significant milestones include the 2017 law allowing permitless concealed carry, which marked a shift towards recognizing individual rights to self-defense. The landmark case of State v. Rausch in 2018 reaffirmed the right to carry firearms for self-defense, further shaping legal interpretations. Additionally, North Dakota's unique "Castle Doctrine" law, established in 2007, allows individuals to use force, including deadly force, in defense of their homes without a duty to retreat. The state's proactive approach to firearms legislation has consistently aimed to empower law-abiding citizens while balancing public safety concerns.

Permit Eligibility, Training and Application Process

The history of the Concealed Weapons License (CWL) in North Dakota began with the enactment of the Concealed Weapons Law in 1995, which established a formal process for residents to apply for a concealed carry permit. Over the years, several key amendments shaped its evolution: in 2009, the law was modified to allow for reciprocity with other states, enhancing the ability of North Dakotans to carry in other jurisdictions. The most significant change came in 2017, when North Dakota enacted permitless concealed carry, allowing law-abiding citizens aged 18 and older to carry concealed firearms without a permit, reflecting a shift towards greater recognition of individual rights. This legislative history demonstrates North Dakota's commitment to expanding firearm rights while maintaining regulatory frameworks.

 

LICENSE ELIGIBILITY

The minimum eligibility requirements are:

  • A United States citizen or legal permanent resident alien; AND
  • Legally able to possess a firearm/dangerous weapon; AND
  • Age 18 for a Class 2 license, or age 21 for a Class 1 license; AND
  • A resident of North Dakota; OR on full-time active military duty stationed in ND; OR a resident of a state that has reciprocity with ND and who possesses a valid concealed weapon license in their home state; AND
  • Successfully complete the training requirements within the state of North Dakota, AND
  • No disqualifying offenses. A criminal background check is conducted on every new and renewal applicant. If you have been convicted of any alcohol-related offense within the past three years, you are ineligible for a Class 1 license but may apply for a Class 2 license.
  • The BCI cannot determine whether you are eligible for a Class 1 license in advance of completing the application processing procedures.

Difference between Class 1 and Class 2

The difference between a Class 1 license and a Class 2 license is – Reciprocity. Both licenses are equally valid within North Dakota, but because of the additional testing requirements, the holders of a Class 1 license have reciprocity in more states than those who hold a Class 2 license.

 

TESTING AND APPLICATION INFORMATION FOR A NORTH DAKOTA CONCEALED WEAPONS LICENSE

All new and renewal applications must include:

  • A non-refundable application processing fee of $60: Cashier’s check or money order payable to “ND Attorney General.” No personal checks, joint payments, cash or credit cards.  Write your name on the cashier’s check/money order; AND
  • A photocopy of your current driver’s license; AND
  • Two color, passport quality photos: Contact a local retailer to obtain official passport photos. You may not wear headgear, uniforms, sunglasses or prescription eyeglasses in the photos. Write your name on the back of each photo
  • Two completed fingerprint cards You must include two fingerprint cards. Contact law enforcement or a test administrator. Fingerprints are not required for (1) renewal of same class, (2) upgrading a current Class 2 to a Class 1, or (3) downgrading a current Class 1 to a Class 2.

Only test administrators authorized by the NDBCI may conduct the training and testing for a ND Concealed Weapon License, which is valid for five (5) years.  All new applicants must complete the open book test.  In addition, applicants for a Class 1 license must (1) attend classroom instruction, (2) demonstrate familiarity with the firearm, AND (3) successfully complete the proficiency (shooting) test.  All classroom instruction and testing must be completed within the state of North Dakota and cannot be held in conjunction with instruction or testing for any other state.  Testing is not required of active licensed ND law enforcement officers; the testing cannot be waived for any other applicant.

  • The test administrator may charge up to $50 (plus range fees, if applicable). This fee includes a complete copy of the current Concealed Weapon License Manual for you to keep.
    • If you require modification to accommodate a disability, contact the test administrator. The test administrator will coordinate with the BCI to identify the necessary documentation of a need for modification and, if approved, the necessary modifications.  Approval for requested modifications is on a case-by-case basis.

All first-time applicants must pass a written (open book) test based on the Concealed Weapon License Manual. The fees charged by the Test Administrator include a copy of the Manual for you to keep.

In addition, applicants for a Class 1 license must (1) complete classroom instruction, (2) demonstrate familiarity with the weapon, and (3) successfully complete a firearms proficiency (shooting) test.

  • Licensed active duty North Dakota Peace Officers are exempt from testing.
  • The testing requirements cannot be waived for any other applicant, for any reason.

All testing must take place within the state of North Dakota and cannot be held in conjunction with testing for any other state. The application must be submitted to the BCI within 30 days of the testing date.

  • If you are renewing a Class 1 license or upgrading from a Class 2 license, you must complete the same testing as for the initial Class 1 license.
  • No additional testing is required if you are renewing a current Class 2 license or downgrading from a Class 1 to a Class 2 license.
  • ND will not accept any other state’s training – or any other concealed carry class – in place of the required training conducted by a certified ND test administrator.

 

 

 

 

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

On April 12, 2023, Governor Doug Burgum signed HB 1339, allowing non-residents the ability to concealed carry under North Dakota’s permitless carry laws. The new law went into effect on August 1, 2023. Individuals concealed carrying under permitless carry must carry their driver’s license or state ID and MUST inform law enforcement that they are in possession of the firearm upon any in-person contact by a law enforcement officer. Restrictions on places that a firearm may be possessed still apply.

 

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your handgun license or permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a North Dakota Class 1 & Class 2 Permit Only or does not require a license
Recognizes North Dakota Resident Permit only
Does not recognize a North Dakota Permit
Recognizes a North Dakota Class 1 Resident Permit only
Recognizes a North Dakota Class 1 Permit Only
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

North Dakota has state preemption laws for firearms, which means that local governments cannot enact more restrictive ordinances than state law.

N.D. Cent. Code § 62.1-01-03

 

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

North Dakota gun laws are less restrictive than those of many other states. North Dakota does not require a license to purchase or own a gun.

  • In North Dakota, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces federal prohibitions.
  • North Dakota law does not require a background check on firearm sales or transfers by unlicensed sellers.

 

Any person who sells, barters, hires, lends, or gives any handgun to any minor is guilty of a class A misdemeanor. This section does not prohibit a person from lending or giving a handgun to a minor if the minor will be using the handgun under the direct supervision of an adult and for the purpose of firearm safety training, target shooting, or hunting.

N.D.C.C. § 62.1-03-02

 

A retail dealer licensed to sell handguns by the federal government shall send a copy of the license, within seven days after receiving it, to the chief of police of the city and the sheriff of the county in which the dealer is licensed to sell handguns.

N.D.C.C. § 62.1-03-03

 

No person, in purchasing or otherwise securing delivery of a handgun or in applying for a license to carry the handgun concealed, may give false information or offer false evidence of the person's identity.

N.D.C.C. § 62.1-03-04

 

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

North Dakota has no laws restricting the ammunition capacity of magazines.

 

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

  • State Capitol Complex
  • A liquor establishment for the retail sale of alcoholic beverages and the consumption of purchased alcoholic beverages onsite, or at a gaming site where bingo is the primary gaming activity. N.D. Cent. Code § 62.1-02-04.
  • A “public gathering” (an athletic or sporting event, a school, a church or other place of worship, and a publicly owned or operated building). There are several exemptions listed at N.D. Cent. Code § 62.1-02-05, including:
    • Law enforcement or authorized corrections officers, on-duty security personnel, or on-duty members of the armed forces, national guard, or reserves.
    • Competitors in organized shooting events.
    • Persons at gun shows or antique shows.
    • The use of blank cartridges as part of a sporting or theatrical event.
    • Firearms carried in a temporary residence or motor vehicle.
    • Students and instructors at hunter safety classes; or officials and participants in any other 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.
    • A person in a publicly-owned or operated rest area or restroom.
    • At a state or federal park.
    • A person carrying in a church building or other place of worship with the approval by the primary religious leader or governing body of that church or place of worship, and who also has a valid concealed weapons license from North Dakota or another jurisdiction recognized by the state.
    • An individual authorized to carry a concealed weapon on school property under an approved “armed first responder” program.
    • A state, federal, or municipal court judge, a district court magistrate judge or judicial referee, and a staff member of the office of attorney general 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 to an individual who is proficient.
    • A person’s storage of a firearm or dangerous weapon in a building that is owned or managed by the state or a political subdivision, if the person is a resident of the building and the storage is inside the person’s own residential unit, and the storage has been consented to by the state, the governing board, or a designee.

Note that a political subdivision may adopt an ordinance that is less restrictive than the state law regarding firearms at “public gatherings.” The ordinance supersedes the state law, but only within the boundaries or jurisdiction of that political subdivision. N.D. Cent. Code § 62.1-02-05(3).

 

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

Open carry is authorized with a ND concealed weapon license or a resident permit from a state that ND recognizes.

N.D. Cent. Code § 62.1-03-01(1)(a)

 

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

In North Dakota, no-weapons signs do not have the force of law.

 

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

State law prohibits a person being “afield” with a firearm while intoxicated or under the influence of alcoholic beverages or drugs.

N.D. Cent. Code § 62.1-02-06

 

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.

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 may carry a loaded firearm in their vehicle.

N.D. Cent. Code § 62.1-02-10

 

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

North Dakota has no law requiring gun owners to store their firearms in a specific way when unattended

 

Other Weapons Restrictions

COMING SOON!

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

There is no duty to inform a law enforcement officer that you're carrying a concealed firearm for anyone with a concealed carry license. However, a ND resident carrying without a concealed carry license does have a duty to inform.

N.D.C.C. § 62.1-04-04

 

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

North Dakota does not have Emergency Risk Orders ("Red Flag Laws).

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

A person is justified in using force upon another person to defend himself against danger of imminent unlawful bodily injury, sexual assault, or detention by such other person, except that:1. A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted.
2. A person is not justified in using force if:
a. He intentionally provokes unlawful action by another person to cause bodily injury or death to such other person; or
b. He has entered into a mutual combat with another person or is the initial aggressor unless he is resisting force which is clearly excessive in the circumstances. A person's use of defensive force after he withdraws from an encounter and indicates to the other person that he has done so is justified if the latter nevertheless continues or menaces unlawful action.

N.D. Cent. Code § 12.1-05-03

 

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

A person is justified in using force upon another person in order to defend anyone else if: 1. The person defended would be justified in defending himself; and 2. The person coming to the defense has not, by provocation or otherwise, forfeited the right of self-defense.

N.D. Cent. Code § 12.1-05-04

 

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property.

N.D. Cent. Code § 12.1-05-06

 

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

North Dakota law does not specifically address the issue of defense of property.

 

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

In North Dakota, force which is intended or likely to cause death or bodily injury is immune from civil liability or the wrongful death of a person against whom such force was used if the use of such force was justified.

1. An individual who uses force as permitted under this chapter is immune from civil liability for the use of the force to the individual against whom force was used or to that individual's estate unless that individual is a law enforcement officer who was acting in the performance of official duties and the officer provided identification, if required, in accordance with any applicable law or warrant from a court, or if the individual using force knew or reasonably should have known that the individual was a law enforcement officer.
2. The court shall award loss of income, reasonable attorney's fees, court costs, and disbursements incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from civil liability as provided in subsection 1.

N.D. Cent. Code § 12.1-05-07.2

 

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

Similar to the castle doctrine, North Dakota’s new stand your ground law eliminates the need to retreat if a person is threatened with violence in a place they are legally allowed to be. The stand your ground law removes the requirement that a person attempt to escape before resorting to the use of deadly force.

Unlike the castle doctrine, which only applies in a person’s home, stand your ground laws apply anywhere a person is legally allowed to be.

An individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used, unless the circumstances in subdivision b of subsection 2 of section 12.1-05-03 apply, is not required to retreat within or from any place the individual otherwise is legally allowed to be.

N.D. Cent. Code § 12.1-05-07(2)(b)(2)

 

Self-Defense Limitations

COMING SOON!

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

COMING SOON!

Special Notes

It is illegal to change, alter, remove, or obliterate any mark of identification on a firearm, including the name of the maker, model, or manufacturer’s number, or to knowingly possess a firearm on which such alterations have been made. Possession of a firearm upon which any identification mark has been changed, altered, removed, or obliterated creates a rebuttable presumption that the possessor made the alterations.

N.D. Cent. Code § 62.1-03-05.

 

Cases to Watch

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