  |
North Dakota’s broad preemption statute, North Dakota Century Code § 62.1-01-03, states:
No political subdivision, including home
rule cities or counties, may enact any ordinance relating to the
purchase, sale, ownership, transfer of ownership, registration, or
licensure of firearms and ammunition which is more restrictive than
state law. All such existing ordinances are void.
Although there is no case law construing this statute, the North Dakota Attorney General has opined that section 62.1-01-03 was intended to preempt local authority to regulate firearm purchase, sale, ownership, transfer, registration, and licensure, but not local authority to regulate possession of a firearm. ND Op. Att’y Gen. 86 (1988), 1988 N.D. AG LEXIS 20, *5-7. The attorney general found evidence in the legislative history of section 62.1-01-03 supporting this interpretation. Noting that no state statute governs possession of a loaded firearm on public property or on private property without the consent of the owner or person in charge of the private property, the attorney general concluded that section 62.1-01-03 does not prohibit a city from adopting an ordinance prohibiting such possession in these locations. Id. at *1-3, 8.
Section 37-01-21 prohibits a municipality from raising or appropriating money toward arming, equipping, supporting, or providing drillrooms or armories for any body of people associating as a military company or parading in public with firearms.
While section 62.1-02-05 generally prohibits possession of a firearm at a public gathering, subsection 62.1-02-05(3) states that a political subdivision may still enact a less restrictive ordinance relating to the possession of firearms at a public gathering, and that such an ordinance supersedes section 62.1-02-05 within the jurisdiction of the political subdivision. Id.
Section 42-01-01.1 provides that if a sport shooting range remains in compliance with noise control or nuisance abatement rules or ordinances in effect on the date on which the range commenced operation, the range is not subject to a civil or criminal action resulting from or relating to noise generated by its operation. Furthermore, a rule, resolution, or ordinance relating to noise control, noise pollution, or noise abatement adopted by the state or a political subdivision may not be applied to prohibit the operation of a sport shooting range, provided the conduct was lawful and being conducted before the adoption of the rule, resolution, or ordinance. Id. However, a political subdivision may regulate the location and construction of a sport shooting range after August 1, 1999. Id. Section 42-01-01.1 specifically states that it applies to a county or city enacting a home rule charter under chapter 11-09.1, 40-05.1, or 54-40.4, "notwithstanding any other provision of law." See the North Dakota Immunity Statutes / Manufacturer Litigation section below for further information regarding the impact of section 42-01-01.1 on litigation against shooting ranges.
Please see the Preemption
summary for a general
discussion of this issue, as well as the Federal
Preemption section of the Federal Law Summary page.

|
 |
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
Ammunition Regulation |
North Dakota Century Code § 62.1-02-08 prohibits knowingly supplying ammunition to, or procuring ammunition for, a person who is prohibited by North Dakota law from receiving or possessing it. However, no North Dakota law limits the persons who may receive or possess ammunition. (Note that federal law prohibits certain persons from receiving or possessing ammunition and prohibits the sale or transfer of ammunition to these persons. 18 U.S.C. § 922(b)(1), (d), (g), (x)(1). However, federal law does not require a seller of ammunition to conduct a background check on the purchaser to determine whether he or she is a prohibited person. 18 U.S.C. § 922(t).)
No other relevant statutes currently exist.

|
Assault Weapons |
|
No relevant statutes currently exist.

|
Background Checks |
|
Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited by law from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. NICS is used for purchases of handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t).
Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.
North Dakota is not a point of contact state for NICS, and has no law requiring firearms dealers to conduct background checks prior to transferring a firearm. As a result, in North Dakota, firearms dealers must conduct the background check required by federal law directly through the FBI. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006).
For a discussion of persons prohibited by federal or state law from possessing or purchasing a firearm, see the North Dakota Prohibited Persons section.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons license holders in North Dakota whose licenses were issued after December 1, 1999 are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Dakota Carrying Firearms section.
For information about the reporting of mental health information for use in firearm purchaser background checks, see the North Dakota Mental Health Reporting section.
Private sellers (sellers who are not licensed dealers) are not required to initiate background checks when transferring a firearm in North Dakota, although federal and state laws prohibiting certain persons from purchasing or possessing firearms still apply. See the North Dakota Private/Secondary Sales section.

|
Ballistic Fingerprinting |
|
No
relevant statutes currently exist.

|
Carrying Firearms |
|
*New Legislation Alert* See LCAV's Recent Developments in State Law page.
Open Carrying/Exposed Firearms
In North Dakota, a person may carry a handgun between the hours of one hour before sunrise and one hour after sunset if it is unloaded and in plain view or secured, and between the hours of one hour after sunset and one hour before sunrise if the handgun is unloaded and secured. N.D. Cent. Code § 62.1-03-01(1). "Secured" means:
Closed into a trunk or non-passenger part of a vehicle;
Placed into a closed and secure carrying device;
Rendered inoperative by use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the firearm incapable of firing until the device is unlocked and removed; or
So disassembled or disabled as to be rendered incapable of firing.
Section 62.1-01-01(11).
The restrictions do not apply to a person who is:
A concealed weapons licensee;
On his or her land, residence or place of business;
Lawfully engaged in target shooting;
In the field and engaging in the lawful pursuit of hunting or trapping, except when in a motor vehicle;
Carrying a handgun, unloaded and in a secure wrapper, to or from the
place of purchase to his or her home, business or a place or repair;
An on-duty security guard or investigator authorized by the attorney general;
Engaged in manufacturing, repairing, or dealing in handguns or the agent or representative of such a person carrying a handgun in the usual or ordinary course of business; or
A common carrier, but only when carrying the handgun as part of the cargo in the usual cargo carrying portion of the vehicle.
Section 62.1-03-01(2).
Possession Restrictions
With limited exceptions, any person, including a concealed carry licensee, may not possess a firearm at:
The part of a liquor establishment set aside for the retail sale of alcoholic beverages, unless the person is the proprietor, the proprietor’s employee, or a designee of the proprietor displaying an unloaded firearm as a prize or sale item in a raffle or auction (N.D. Cent. Code § 62.1-02-04);
An establishment used as a gaming site, unless the person is the proprietor, the proprietor’s employee, or a designee of the proprietor displaying an unloaded firearm as a prize or sale item in a raffle or auction (§ 62.1-02-04); or
-
A public gathering (defined to include a sporting event, school function, church, church function, political rally, musical concert, public park which prohibits hunting, or public building, but not including any other state or federal park) (§ 62.1-02-05).
However, the prohibition on possession of a firearm at public gatherings does not apply to:
Competitors participating in organized sport shooting events;
Gun and antique shows;
Participants using blank cartridge firearms at sporting or theatrical events;
Firearms carried in a temporary residence or motor vehicle;
Students and instructors at hunter safety classes; or
Private security personnel while on duty.
Section 62.1-02-05(2).
Possession of a firearm within a state game refuge or state game management area is generally prohibited. Section 20.1-11-13(3). The owner or lessee of lands or a lake set aside as a state game refuge may not carry firearms within its limits, nor permit his or her family members or other persons to do so, unless the owner or lessee has reason to believe there are carnivorous animals in the refuge and the Director of the North Dakota Game and Fish Department provides written permission to hunt such animals. Section 20.1-11-08.
Possession of a rifle or shotgun between sunset and sunrise in and about territory where big game animals are frequently and usually found is prima facie evidence that the person was hunting big game animals contrary to law. Section 20.1-05-05.
North Dakota law prohibits being "afield" (defined by section 20.1-01-02 as "away from one’s home or camp") with a firearm while intoxicated or under the influence of alcoholic beverages or drugs. Section 20.1-01-06. However, the only penalty for a violation of this section is revocation of the person’s hunting privileges for two years. Sections 20.1-01-06, 20.1-15-01—20.1-15-15.
Transportation of Firearms
Pursuant to North
Dakota Century Code § 62.1-02-10, it is unlawful for a person to keep
a loaded firearm in any motor vehicle in North Dakota unless he or she is:
A concealed weapons license holder;
Engaged in hunting or trapping of nongame species or furbearing animals;
A security guard or private investigator licensed to carry a firearm; or
A holder of a special hunting license issued pursuant to section 20.1-02-05.
Please see the Open Carrying/Exposed Firearms subsection above for restrictions that apply to the carrying of firearms in motor vehicles.
Concealed Weapons Licensing Requirements
North Dakota is a "shall issue" state, meaning the Director of the Bureau of Criminal Investigation must issue a concealed weapons license if the applicant meets certain qualifications. Pursuant to North Dakota Century Code § 62.1-04-03, to qualify for a permit an applicant must:
-
Have a
valid reason for carrying a concealed firearm, including
self protection, protection of others, or work-related
needs;
-
Be
eligible to possess a firearm under state and federal law;
-
Have written approval from the sheriff of the applicant’s county of residence;
-
Have written approval by the chief of police if the city in which the applicant resides has one, or a designee of that city; and
-
Pass a background check conducted by the Bureau of Criminal Investigation, after providing all documentation relating to any court-ordered treatment or commitment for mental health or alcohol or substance abuse or incidents of domestic violence, and providing written authorization for disclosure of mental health and alcohol or substance abuse evaluation and treatment records.
In order to obtain the approval of the county sheriff, the applicant must successfully complete a background investigation in that county and must have successfully completed a testing procedure conducted by a certified weapons instructor. Section 62.1-04-03(1)(d). A weapons instructor certified by the attorney general shall conduct the testing procedure. Id. The person conducting the testing may assess a charge of up to $50 for conducting this testing. Id. The attorney general may certify a weapons instructor based upon criteria and guidelines prescribed by the Director of the Bureau of Criminal Investigation. Id.
The attorney general must offer Class 1 and Class 2 licenses. Section 62.1-04-03(2). An applicant for a Class 1 license must:
Participate in classroom instruction that sets forth weapon safety rules and the deadly force law of North Dakota;
Complete an open book test based upon a manual;
Demonstrate familiarity with a firearm or dangerous weapon, through certification by a certified instructor, participation in an organized shooting competition or dangerous weapon course of training, or possession of a license from another state, or evidence of weapons experience during military service; and
Complete an actual shooting or certified proficiency exercise.
Id. An applicant for a Class 2 license is only required to successfully complete the open book test offered for the Class 1 license. Id. An applicant must be 21 years of age for a Class 1 license, or 18 years of age for a Class 2 license. Id. State law appears to make no distinction between Class 1 and Class 2 licenses.
The license fee for a concealed weapons license is an additional $45. N.D. Cent. Code § 62.1-04-03(4). Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under section 62.1-04-03, and North Dakota Administrative Code 10-12-01-01 through 10-12-01-11.
No person other than a law enforcement officer may carry a firearm concealed unless the person is licensed to do so. N.D. Cent. Code § 62.1-04-02. Pursuant to section 62.1-04-01, a firearm is considered "concealed" if any one of the following apply:
The firearm is being carried in such a manner as to not be discernible by the ordinary observation of a passerby, even if it is not absolutely invisible;
The firearm is worn under clothing and not secured;
The firearm is carried in a bundle that is held or carried by the individual and not secured; or
The firearm is being transported not secured in a vehicle, and is available to the individual, including beneath the seat or in a glove compartment.
However, a firearm that falls within the above definition of "concealed" is
still not considered "concealed" if it is:
Carried in a belt holster which is wholly or substantially visible;
Carried in a case designed for carrying a firearm and which is wholly or substantially visible;
Carried in the field while lawfully engaged in hunting, trapping, or target shooting;
Carried unloaded and in a secure wrapper to or from the place of purchase to the purchaser’s home, place of business, or place of repair;
An unloaded long gun carried in a vehicle; or
An unloaded weapon that will expel or is readily capable of expelling a projectile by action of a spring, compressed air, or compressed gas, including a BB gun, air rifle, or CO[2] gun, while carried in a motor vehicle.
Id. "Secured" means:
Closed into a trunk or non-passenger part of a vehicle;
Placed into a closed and secure carrying device;
Rendered inoperative by use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the firearm incapable of firing until the device is unlocked and removed; or
So disassembled or disabled as to be rendered incapable of firing.
Section 62.1-01-01(11).
Disclosure or Use of Information
Information collected from an applicant for a concealed weapons license is confidential information. Section 62.1-04-03(7). However, the information may be disclosed:
To a governmental agency or court for a law enforcement purpose, including the investigation, prosecution, or punishment of a violation of law.
To a court to aid in a decision concerning sentence, probation, or release pending trial or appeal.
Pursuant to a court order or a judicial, legislative, or administrative agency subpoena issued in North Dakota.
Id.
Section 62.1-04-03(4) requires the Director of the Bureau of Criminal Investigation to retain a copy of each license for six years. The sheriff of the county and the chief of police of the city in which the applicant resides (in those cases where the applicant resides in a city) also receive copies of the license. Id.
Duration and Renewal
A license to carry a concealed weapon is currently valid for up to three years; however, beginning July 1, 2011, a license to carry a concealed weapon will be valid for up to five years. Section 62.1-04-03(5); see 2009 N.D. HB 2415, § 1(5). Fingerprints, which are required as part of an application for an original license, are not required in an application for renewal. Id.
Location Limits
Concealed weapons license holders are subject to generally applicable possession prohibitions. Please see the Open Carrying/Exposed Firearms, Possession Restrictions and Transportation of Firearms subsections above for further information.
Reciprocity
Pursuant to section 62.1-04-03.1, a valid license to carry issued by another state which recognizes the concealed carry licenses of North Dakota is valid in North Dakota.
Brady Exemption
Concealed weapons license holders whose permits were issued after December 1, 1999 are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Dakota Background Checks section.

|
Child Access Prevention |
|
A parent or guardian of, or person having charge or custody of, a child under 15 years of age who permits the child to carry or use a loaded firearm in public commits a class B misdemeanor unless the child is under the direct supervision of the parent, guardian or person authorized by the parent or guardian. N.D. Cent. Code § 62.1-02-07.

|
Dealer Regulations |
|
North Dakota does not license firearms dealers. However, firearms dealers
are subject to state laws governing gun sales generally. See the North
Dakota Private/Secondary Sales section
for further information. Pursuant to the Brady Act, federally
licensed firearms dealers must conduct background checks on prospective
purchasers
each time the dealer transfers a firearm. See the North
Dakota Background Checks section.
Within
seven days of receiving a federal license to sell handguns, a
retail firearms dealer who sells handguns must send a copy of
the license to the chief of police of the city and the sheriff
of the county in which the dealer is licensed. N.D. Cent. Code § 62.1-03-03.
Number of Federally Licensed Firearms Dealers
There are 436 federally licensed firearms dealers and pawnbrokers in North Dakota. Federal firearms licensee totals for North Dakota as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

|
Disarming Prohibited Possessors |
For information regarding the surrender of firearms by persons subject to domestic violence protection orders, see the North Dakota Domestic Violence and Firearms section below. No other relevant statutes currently exist.

|
Domestic Violence and Firearms |
*New Legislation Alert* See LCAV's Recent Developments in State Law page.
Firearm Prohibitions for Domestic Violence Misdemeanants
There is no law in North Dakota prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:
Was a current or former spouse, parent, or guardian of the victim;
Shares a child in common with the victim;
Was a current or former cohabitant with the victim as a spouse, parent or guardian; or
Was similarly situated to a spouse, parent or guardian of the victim.
18 U.S.C. § 921(a)(33).
Firearm Prohibitions for Persons Subject to Domestic Violence Protection Orders
Although North Dakota law authorizes a court to order a person subject to a domestic violence protection order to surrender certain firearms (see below), there is no law in North Dakota prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser cohabits or has cohabited. 18 U.S.C. § 921(a)(32).
According to the Bureau of Justice Statistics, Survey of State Procedures Related to Firearm Sales, 2005 51 (Nov. 2006), North Dakota maintains an automated protection order system that allows electronic entry of records by courts.
Surrender of Firearms When a Domestic Violence Protection Order is Issued
North Dakota law authorizes a court that is issuing a domestic violence protection order to require the respondent to surrender for safekeeping any firearm in the respondent’s immediate possession or control or subject to the respondent’s immediate control, if the court has probable cause to believe that the respondent is likely to use, display, or threaten to use the firearm in further acts of violence. N.D. Cent. Code § 14-07.1-02(4)(g). A court is authorized to include this provision in ex parte temporary protection orders (those issued without notice and a hearing) as well. Section 14-07.1-03(2)(d). If so ordered, the respondent shall surrender the firearm to the designee of the sheriff of the county, or to the chief of police of the city, where the respondent resides. Sections 14-07.1-02(4)(g), 14-07.1-03(2)(d).
A domestic violence protection order, including a temporary ex parte one, is available to any of the following who have been subject to domestic violence: a spouse, family member, former spouse, parent, child, person related by blood or marriage, person in a dating relationship, person presently residing with or who has resided in the past with the abuser, person with a child in common to the abuser, and any person with a sufficient relationship to the abuser as determined by the court. Section 14-07.1-01(4).
Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident
No North Dakota law requires the removal or surrender of firearms by law enforcement at the scene of a domestic violence incident. However, when an individual who is charged with or arrested for a crime of violence or threat of violence, stalking, harassment, or a sex offense is released from custody before arraignment or trial, if the court has probable cause to believe that the individual charged or arrested is likely to use, display, or threaten to use a firearm in any further act of violence, the court must require that the individual surrender any firearm in or subject to the individual’s immediate possession or control to the sheriff of the county or chief of police of the city where the individual resides. 2009 N.D. HB 1336, § 1. 
|
Gun Shows |
|
No relevant statutes currently exist.
See the North Dakota Private/Secondary Sales section for state laws that apply at gun shows.

|
Immunity Statutes / Manufacturer Litigation |
|
North Dakota Century Code § 32-03-54(2) provides:
A firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is not liable to any person or to the estate, a successor, or survivor of any person for any injury suffered, including wrongful death and property damage, because of the use of a firearm by another. In addition, an association of federally licensed firearm manufacturers, importers, or dealers "is not liable to any person or to the estate, a successor, or survivor of any person for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of the association." Section 32-03-54(3).
However, section 32-03-54 does not apply to a claim for relief for deceit, breach of contract, express or implied warranty, or for injury resulting from failure of a firearm to operate in a normal or usual manner due to defects or negligence in design or manufacture. Section 32-03-54(4). The potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. Id. A firearm also may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged. Id.
In addition, section 32-03-54 also does not apply to a claim for relief arising from the unlawful sale or transfer of a firearm or an instance when the transferor knew or should have known that the recipient would engage in the unlawful sale or transfer of the firearm or would use or purposely allow the use of the firearm in an unlawful, negligent, or improper fashion. Section 32-03-54(4).
Section 42-01-01.1 provides, in part:
If a sport shooting range has been in operation for one year since the date on which it began operation as a sport shooting range, it does not become a public or private nuisance as a result of changed conditions in or around the locality of the sport shooting range.
...
If a sport shooting range remains in compliance with noise control or nuisance abatement rules or ordinances in effect on the date on which it commenced operation, it is not subject to a civil or criminal action resulting from or relating to noise generated by the operation of the sport shooting range.
...
A person who acquires title to real property that is adversely affected by the operation of a permanently located and improved sport shooting range constructed and initially operated before that person acquired title to the property adversely affected may not maintain a civil action on the basis of noise or noise pollution against the person who owns or operates the sport shooting range.
Please see the North Dakota State Preemption section above for further limitations on the regulation and prosecution of shooting ranges.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

|
Junk Guns / Saturday Night Specials |
|
No relevant statutes currently exist.

|
Large Capacity Ammunition Magazines |
|
No relevant statutes currently exist.

|
Licensing of Gun Purchasers / Owners |
|
No relevant statutes currently exist.

|
Locking Devices |
|
North Dakota law requires a person carrying a handgun that is not in plain view between the hours of one hour before sunrise and one hour after sunset to carry it unloaded and "secured." At other times (between the hours of one hour after sunset and one hour before sunrise), any handgun that is being carried, even one that is in plain view, must be unloaded and "secured." N.D. Cent. Code § 62.1-03-01(1). Secured" means:
Closed into a trunk or non-passenger part of a vehicle;
Placed into a closed and secure carrying device;
Rendered inoperative by use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the firearm incapable of firing until the device is unlocked and removed; or
So disassembled or disabled as to be rendered incapable of firing.
Section 62.1-01-01(11). This requirement does not apply to concealed weapons licensees and certain other individuals. Section 62.1-03-01(2). See the North Dakota Carrying Firearms section above for a complete list of exceptions.

|
Mental Health Reporting |
Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.
There is no law in North Dakota requiring the reporting of mental health information to NICS.
For general information on the background check process and categories of prohibited purchasers or possessors, see the North Dakota Background Checks and North Dakota Prohibited Persons sections.

|
Minimum Age to Purchase / Possess |
|
A person under the age of 18 may not possess a handgun except while under the direct supervision of an adult for purposes of firearm safety training, target shooting, or hunting. N.D. Cent. Code § 62.1-02-01. See also 18 U.S.C. § 922(x)(2), (3) and (5). It is a misdemeanor to sell, barter, hire, lend, or give a handgun to a "minor" (defined by N.D. Cent. Code § 14-10-01 as a person under 18), except while the minor is under the direct supervision of an adult and for the purpose of firearm safety training, target shooting, or hunting. Section 62.1-03-02. See also 18 U.S.C. § 922(x)(1), (3) and (5). Federal law prohibits licensed dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1).
There is no minimum age to possess rifles and shotguns in North Dakota or under federal law. Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Neither North Dakota nor federal law provides an age limitation with respect to the sale of a long gun by an unlicensed person.

|
Multiple Purchases / Sales of Firearms |
|
No relevant statutes currently exist.

|
Personalized / Smart Guns |
|
No relevant statutes currently exist.

|
Private / Secondary Sales |
|
Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in North Dakota, although federal and state purchaser prohibitions still apply. See the North Dakota Background Checks section. North Dakota Century Code § 62.1-02-08 prohibits supplying a firearm or ammunition to a person the transferor knows or has reasonable cause to believe is prohibited by section 62.1-02-01 from possessing a firearm. Section 62.1-02-08 also prohibits procuring or receiving a firearm or ammunition for such a person. Section 62.1-02-02 prohibits any person from transferring a handgun to any such a person.
North Dakota prohibits any person from delivering to or providing a penitentiary inmate with a firearm intended to be used for an assault or to damage property. Section 12-47-21(6). It also prohibits knowingly supplying a firearm for use in a riot. Section 12.1-25-02.

|
Prohibited Persons |
Federal law prohibits a number of classes of persons from purchasing or possessing firearms, including felons, fugitives, persons adjudicated as “mental defectives” or those involuntarily committed to mental institutions, and leaves to the states the power to determine additional classes. For a complete list of federally prohibited purchasers, see LCAV’s Federal Background Checks and Prohibited Purchasers summary.
In addition, North Dakota has adopted other classes of prohibited persons and incorporated some of the federal prohibitions as state offenses. N.D. Cent. Code § 62.1-02-01 provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:
Has been convicted of a felony involving violence or intimidation in any state or under federal law, or released from incarceration, parole or probation after being so convicted, during the past ten years;
Has been convicted of a felony other than a felony involving violence or intimidation in any state or under federal law, committed while using or possessing a firearm, other dangerous weapon, destructive device or explosive, or released from incarceration, parole or probation after being so convicted, during the past five years;
Has been convicted of a class A misdemeanor involving violence or intimidation in any state or under federal law, committed while using or possessing a firearm, other dangerous weapon, destructive device or explosive, or released from incarceration, parole or probation after being so convicted, during the past five years; or
Is or has ever been confined or committed to an institution as a mentally ill or deficient person, unless the person has not suffered from the disability for the previous three years, or has had the petition for diagnosis, confinement, or commitment dismissed.
For purposes of these provisions, a person is considered to have been “convicted,” upon a verdict of guilty, a plea of guilty or a plea of nolo contendere. Id. A person may be considered “convicted” even if:
The court suspended execution or deferred imposition of the sentence, or placed the person on probation;
The person's conviction has been reduced in accordance with section 12.1-32-02(9) or section 12.1-32-07.1;
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
The person committed the offense when that person was subject to juvenile adjudication or proceedings.
Id.
For information on the background check process used to enforce these provisions, see the North Dakota Background Checks section.

|
Registration of Guns |
|
No relevant statutes currently exist.

|
Reporting of Lost or Stolen Firearms |
No relevant statutes currently exist.

|
Waiting Periods |
|
No relevant statutes currently exist.

|
|