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North Dakota Gun Control Laws

Most gun control laws originate at the state level, where they vary quite a bit, but there are some federal laws that regulate gun purchases and ownership (see the ATF's explanation of the National Firearms Act ). The Second Amendment to the U.S. Constitution was originally written to allow citizens to defend themselves against an invading army, but the Supreme Court has since reintrepreted this amendment much more broadly. Some states require gun buyers to wait a certain period of time before taking ownership of a gun, while other states have as few restrictions as possible.

North Dakota Gun Control Laws at a Glance

North Dakota does not require waiting periods for gun buyers, but does require instant criminal background checks at the point of purchase. The state also allows those banned from ownership to regain their gun ownership rights by proving they have repaid their debts and are no longer a threat to society.

Additional details of North Dakota's gun control laws are listed below. See Gun Laws for related information.

Code Section 62.1-02-01, et seq.
Illegal Arms Machine gun; fully automatic rifle; silencer; federally licensed firearm or dangerous weapon not in compliance with National Firearms Act; short-barreled rifle or shotgun
Waiting Period None
Who May Not Own 1. Convicted of felony involving violence or intimidation from date of conviction or release from incarceration for 10 yrs. (whichever is later); 2. Convicted of other felonies not mentioned above or Class A misdemeanors for 5 yrs.; 3. Diagnosed and confined/committed to hospital or other institution as mentally ill or mentally deficient person (does not apply if more than 3 yrs. have passed); 4. Under 18 unless supervised and for purposes of safety training, hunting, target shooting
Restoration of Gun Ownership Rights The district court may restore the right of an individual to possess a firearm if the court determines, by clear and convincing evidence, that all of the following circumstances exist:
  • The individual has paid all fines imposed for the violation resulting in the prohibition;
  • The individual has served all terms of imprisonment imposed for the violation resulting in the prohibition;
  • The individual has successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition; and
  • The individual's record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of others
Law Prohibiting Firearms On or Near School Grounds Misdemeanor. 62.1-02-05

Note: State laws are subject to change at any time through a number of means, including the enactment of new legislation and decisions from higher courts. You may want to contact a North Dakota criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

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North Dakota Gun Control Laws: Related Resources

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