North Dakota concealed carry laws and reciprocity

By statute, a permitless carrier must inform an officer of a concealed firearm if the officer inquires and show ID on request, and a licensee must give the license to an officer upon request (N.D.C.C. 62.1-04-04). The Attorney General's constitutional carry page states more broadly that permitless carriers must inform law enforcement during any in-person contact.

Keeping a loaded firearm in a motor vehicle is generally an infraction, but the ban does not apply to licensees, reciprocity holders, or a person with a handgun who is eligible for a Class 2 license and has a valid driver's license or ID from his or her state of residence (N.D.C.C. 62.1-02-10).

An individual not precluded from holding a Class 2 license who has a valid driver's license or nondriver ID from North Dakota or from his or her own state or territory of residence may carry a firearm concealed without a license (N.D.C.C. 62.1-04-02(2)); the Attorney General states the minimum age is 18.

The BCI director shall issue a license when the statutory criteria are met, including age 21 for Class 1 or 18 for Class 2, testing, and a background check (N.D.C.C. 62.1-04-03); licenses are valid for five years.

A non-resident may apply only if he or she holds a valid concealed weapons license from his or her state of residence that has reciprocity with North Dakota, and must complete North Dakota's testing in North Dakota (N.D.C.C. 62.1-04-03(1)(b)).

Anyone may carry a handgun unloaded and in plain view or secured; licensees, reciprocity holders, and individuals eligible for a Class 2 license who carry a valid driver's license or ID from their state of residence may also carry a loaded handgun (N.D.C.C. 62.1-03-01).

N.D.C.C. chapter 62.1-02 contains no provision giving legal effect to a posted no-firearms sign; 62.1-02-05 bars firearms at schools, places of worship (unless the religious leader or governing body approves) and publicly owned or operated buildings regardless of signage, as a noncriminal offense with a $100 fee. A person who enters or remains on property after notice against trespass given by actual communication or by posting commits criminal trespass under N.D.C.C. 12.1-22-03.

Possessing a firearm in the part of an establishment set aside for the retail sale and consumption of alcoholic beverages is an infraction, but the restaurant part of an establishment is exempt if persons under 21 are not prohibited there (N.D.C.C. 62.1-02-04).

The public gathering prohibition in N.D.C.C. 62.1-02-05 expressly does not apply to a state or federal park.

Firearms are prohibited at a church or other place of worship unless the person may lawfully carry concealed and the primary religious leader or governing body approves the person or group to carry (N.D.C.C. 62.1-02-05).

N.D.C.C. 62.1-02-05 bars possessing a firearm in any publicly owned or operated building, which includes public college and university buildings; exceptions include a firearm kept in a motor vehicle and storage inside an assigned residential unit with the institution's consent. The statute does not reach outdoor campus grounds.

N.D.C.C. 62.1-02-05 bars firearms at schools and school-sponsored events on school property, churches or places of worship (unless approved by church leadership), and publicly owned or operated buildings, with exceptions including vehicles, rest areas and state or federal parks; possession is also barred in the bar area of liquor establishments (62.1-02-04). Constitutional carry is valid only within North Dakota and does not override these location limits.

An individual who is not engaged in unlawful activity giving rise to the need for deadly force and did not provoke the person against whom it is used is not required to retreat within or from any place he or she is legally allowed to be (N.D.C.C. 12.1-05-07(2)(b)).

North Dakota's firearms title (N.D.C.C. Title 62.1) contains no magazine capacity limit.

North Dakota's firearms title (N.D.C.C. Title 62.1) contains no assault weapons ban.

Possessing a silencer is a class C felony unless the person has complied with the National Firearms Act (N.D.C.C. 62.1-05-01).

Possessing a short-barreled rifle (barrel under 16 inches or overall length under 26 inches) is a class C felony, but the prohibition does not apply to a person who complies with the National Firearms Act (N.D.C.C. 62.1-02-03).

Possessing a short-barreled shotgun (barrel under 18 inches or overall length under 26 inches) is a class C felony, but the prohibition does not apply to a person who complies with the National Firearms Act (N.D.C.C. 62.1-02-03).