North Dakota Gun Control Laws

In compliance with the Second Amendment of the U.S. Constitution, the state of North Dakota gives citizens the right to bear arms.  In fact, according to Article 1, Section 1 of the North Dakota Constitution, residents can own weapons for hunting and lawful recreational use, in addition to protecting their homes and families.

Carrying Guns and Possession Laws: Penalties & Regulations

However, not everyone has the right to own a shotgun, rifle, or handgun in North Dakota.  Some have forfeited the privilege due to illegal behavior and a felony record.  In addition, a person under the age of 18 cannot be in possession of a gun without the supervision of an adult.  Unfortunately, people will try to outsmart the law and ignore the regulations.  Then, penalties are meted out to protect the law-abiding citizens.  For example:

• A felon in possession of a weapon is charged with a Class C felony
• A minor in possession of a gun is guilty of a Class A misdemeanor
• Possession of an altered firearm is a Class A misdemeanor

Requirements:

North Dakota Gun Purchasing Laws

The laws related to purchasing guns in North Dakota are simple.  The purchaser does not need a license or permit for buying a shotgun or rifle.  A permit is only required for handguns and the privilege to carry a concealed weapon.  However, persons under the age of 18 cannot buy a gun.  In addition, felons cannot purchase guns. 

Penalties & Regulations for Illegal Purchases

Unfortunately, both buyers and sellers will try to circumvent the law, in order to complete a transaction. Sellers will knowingly allow another individual to fill out an application for a person not able to pass a background check. Guns make it into the hands of unsupervised minors. Regulations are ignored and then subsequent penalties become necessary.  For example:

• Selling a handgun to a minor is a Class A misdemeanor
• Selling to an individual with a know mental illness is a Class A misdemeanor.
• Allowing a minor to have a gun without supervision is a Class B misdemeanor for the parent or guardian.

Requirements:

Firing Handguns and Self Defense

North Dakota law allows residents to protect their properties and families from the threat of injury or death.  However, it does not give people the right to have a gun in a public place, and claim the need for self-defense. For example:

• Possession of a firearm at a public gathering is a Class B misdemeanor
• Possession of a sawed off rifle is a Class C felony
• Using an altered weapon is a Class A misdemeanor

Legal Help

Although the laws regarding gun ownership and possession are easy in the state of North Dakota, the penalties are severe. Liberty and finances are at stake. The employment of a criminal defense attorney is necessary.  Familiar with the law, legal representation can advise clients facing charges like:

• Possession of a weapon during the commission of a crime
• Minor in possession of a weapon
• Unlawful discharge of a weapon