North Dakota Gun Control Laws

• Persons who are not to possess firearms—Penalty - Section 62.1-02-01
• Possession or sale of short-barreled rifle or shotgun - Section 62.1-02-03
• Possession of a firearm or dangerous weapon at a public gathering - Section 62.1-02-05
• Carrying handgun - Section 62.1-03-01
• Carrying concealed firearms or dangerous weapons - Section 62.1-04-02
• License to carry a firearm or dangerous weapon concealed - Section 62.1-04-03
• Possession and sale of machine guns, automatic rifles, silencers, and bombs - Section 62.1-05-01

• Short-barreled rifles
• Short-barreled shotguns
• Machine guns and fully automatic rifles
• Silencers

North Dakota has no waiting period for purchasing a gun.

A person may not possess a firearm in North Dakota if they:

• Have been convicted anywhere of a felony offense involving violence or intimidation under North Dakota law or an equivalent felony offense of another state or the federal government. The prohibition lasts for a 10-year period following conviction or the release from prison, parole, or probation, whichever is the latest.
• Have been convicted anywhere of a felony offense, a class A misdemeanor offense involving violence or intimidation, or an equivalent offense of another state or the federal government, and the offense was committed while using or possessing a firearm, a dangerous weapon, or a destructive device or an explosive. The prohibition lasts for a five-year period following conviction or the release from prison, parole, or probation, whichever is latest.
• Have ever been diagnosed and confined or committed to a hospital or other institution by a court as a person requiring mental health treatment, or as a mentally deficient individual
• Are under the age of eighteen years and the firearm is a handgun, with some exceptions such as target practice or hunting with adult supervision

North Dakota does not require a license to purchase or own a gun.

North Dakota has a permitless carry law. It does not require an actual concealed carry license to carry a concealed firearm for residents who are otherwise eligible to get a concealed carry license. However, a resident must have a valid driver's license or state ID card for at least 30 days, and they must carry their ID or driver's license at all times when carrying a concealed firearm. North Dakota maintains a concealed carry permitting system to assist residents with reciprocity in other states.

There is no explicit law that addresses open carry of firearms in North Dakota. However, state law does provide that a person not otherwise prohibited by law may carry a handgun if the handgun is unloaded and in plain view or secured. There are exceptions to this rule for persons on their own property or at their own place of business, concealed carry license holders, law enforcement, military, and others.

North Dakota does not require a license to conceal carry, but the state offers a concealed carry license to people who wish to carry a concealed firearm in states that recognize a North Dakota license. North Dakota offers a Class 1 license and Class 2 license. The main difference is that the Class 1 license is more likely to be accepted in other states. To be eligible for a concealed carry license, a person must:

• Be 21 years old for a Class 1 firearm license or 18 years old for a Class 2 license
• Prove residency in North Dakota by providing a copy of a valid driver's license or state-issued identification card, or prove residency in a state that has reciprocity with North Dakota and that they have a valid concealed carry license in that state
• Not be prohibited from possessing a firearm under state or federal law
• For a Class 1 firearm license, not have been convicted of a felony, a crime of violence, an offense involving the use of alcohol in the last three years, a misdemeanor offense involving the unlawful use of narcotics or other controlled substances in the last 10 years, an offense involving moral turpitude, or an offense involving domestic violence
• For a Class 1 firearm license, not have been adjudicated by a state or federal court as mentally incompetent and must be qualified to purchase and possess a firearm under federal law
• Successfully complete a required testing procedure conducted by a certified test administrator
• Satisfactorily complete the Bureau of Criminal Investigation (BCI) application form and successfully pass the criminal history records check conducted by BCI and the FBI

North Dakota prohibits machine gun possession unless a person has complied with the National Firearms Act's requirements for possessing a machine gun.

• Illegal possession of a firearm due to conviction of a felony offense involving violence or intimidation
• Illegal possession of a firearm where an offender commits an offense while using or possessing a firearm after conviction for any other felony or a class A misdemeanor offense of violence or intimidation
• Illegal possession of a short-barreled rifle or shotgun
• Illegal possession of a machine gun, fully automatic rifle, or silencer

• Illegal possession of a firearm due to court commitment to a hospital or institution for mental deficiency
• Illegal possession of a handgun by a minor under 18 years of age
• Illegal carrying of a handgun
• Illegal carrying of a concealed firearm

A person who illegally possesses a gun at a public gathering, which includes at a school or school-sponsored event on school grounds, is guilty of an infraction, punishable by a maximum fine of $1,000.