North Dakota Constitutional Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Gun control laws in the United States encompass a combination of federal and state regulations aimed at preventing gun violence. Federal law, rooted in the Second Amendment’s right to bear arms and the Gun Control Act of 1968, establishes a foundational framework. State laws then add varying degrees of restrictions or liberties.
Federal regulation of firearms began significantly with the National Firearms Act (NFA) in the 1930s, which imposed taxes on manufacturing specific firearms such as machine guns, short-barreled shotguns, and rifles with barrels under 18 inches, as well as silencers and mufflers, and required their registration.
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The Gun Control Act of 1968 (GCA) amended and expanded NFA provisions, broadening the list of prohibited persons who are barred from possessing or owning firearms. In the 1990s, the National Instant Criminal Background Check System (NICS) was established under federal law.
North Dakota’s gun laws are relatively less restrictive compared to many other states. Unlike states that mandate a waiting period for gun purchases, North Dakota does not require one. Federal law mandates a criminal background check for firearms purchased from federally licensed dealers but does not extend to private sales not involving licensed dealers.
Some states require universal background checks for all firearms purchases or transfers, but North Dakota does not enforce such a requirement.
In 2017, North Dakota enacted Constitutional Carry legislation, allowing residents to carry concealed firearms without a concealed weapons license (CWL) if they are otherwise eligible under state and federal law. Individuals must carry a valid driver’s license or state ID and cannot be prohibited from firearm possession.
There has been debate regarding the legality of carrying loaded firearms in vehicles under Constitutional Carry. The North Dakota Attorney General issued an opinion affirming that eligible individuals under Constitutional Carry can transport loaded firearms if they possess a valid state driver’s license or ID upon law enforcement request, now incorporated into state law.
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Relevant Statutes (Laws):
- North Dakota Century Code, Title 62.1, Sections 62.1–01–01 through 62.1–05–03
- Prohibited Persons — Section 62.1–02–01
- Possession of Short-Barreled Rifles or Shotguns — Section 62.1–02–03
- Possession of Firearms at Public Gatherings — Section 62.1–02–05
- Carrying Handguns — Section 62.1–03–01
- Carrying Concealed Firearms or Dangerous Weapons — Section 62.1–04–02
- License for Concealed Carry — Section 62.1–04–03
- Possession and Sale of Machine Guns, Automatic Rifles, Silencers, and Bombs — Section 62.1–05–01
Illegal Firearms:
- Short-Barreled Rifles
- Short-Barreled Shotguns
- Machine Guns and Fully Automatic Rifles
- Silencers
Waiting Period:
- North Dakota does not impose a waiting period for firearm purchases.
Prohibited Persons:
- Individuals convicted of felony offenses involving violence or intimidation under North Dakota or equivalent federal or state laws, with restrictions lasting up to 10 years post-release.
- Individuals convicted of felony or misdemeanor offenses involving violence or intimidation with firearm use, with restrictions lasting up to five years post-release.
- Individuals committed or diagnosed as mentally incompetent or deficient.
License Requirements:
- North Dakota does not require a license to purchase or own firearms.
Concealed Carry License:
- North Dakota implements a permitless carry law. While a concealed carry license is not required for eligible residents, possessing a valid driver’s license or state ID for at least 30 days is mandatory. North Dakota maintains a concealed carry permit system for reciprocity with other states.
Open Carry:
- North Dakota law does not explicitly address open carry. Eligible individuals not prohibited by law may carry unloaded handguns openly or secured, with exceptions for property owners, concealed carry license holders, law enforcement, and military personnel.
Eligibility for Concealed Carry License:
- To qualify for a concealed carry license, applicants must be 21 years old (Class 1 license) or 18 years old (Class 2 license), prove North Dakota residency or residency in a reciprocal state with a valid concealed carry license, and meet federal and state firearm possession criteria. Additional requirements include passing background checks and completing mandated tests.
Machine Gun Laws:
- North Dakota prohibits machine gun possession unless compliant with National Firearms Act requirements.
Penalties for Illegal Firearm Possession:
- Offenses range from Class C felonies, punishable by up to five years in prison and fines up to $10,000, to Class A misdemeanors, with penalties of up to 360 days in jail and fines up to $3,000.
Penalties for Possession on or Near School Grounds:
- Illegal possession at public gatherings, including schools, is an infraction punishable by fines up to $1,000.
Red Flag Law:
- North Dakota does not have a Red Flag law.
Universal Background Checks:
- North Dakota does not mandate universal background checks.
Stand Your Ground Law:
- North Dakota enacted a Stand Your Ground law in 2021 (NDCC 12.1–05–07(2)(b)(2)).
