North Dakota Concealed Weapon Charges

North Dakota is a “shall-issue” state, which means that residents and non-residents can apply for either a Class 1 (age 18 or) or Class 2 (age 21) license to carry a concealed weapon. Applications are available through the local chief of police or sheriff’s office. Individuals must complete a written test administered by someone certified by the Attorney General’s office. A Class 1 permit holder is also required to complete a firearms safety class and demonstrate their proficiency with a weapon by engaging in a shooting exercise. Permits are valid for a period of three years from the date they were issued.

North Dakota Weapons Laws

The North Dakota gun control laws are extremely liberal and carrying a loaded weapon openly is legal as long as the person has an open carry permit. Carrying a concealed weapon with a permit is prohibited in the following places:

• Any establishment that sells alcohol
• Any casino or gaming facility
• School property or anywhere a school function is taking place
• All athletic and sporting events
• Political rallies
• Musical concerts
• Church property or anywhere a church function is taking place
• Any public building
• Public parks where hunting is not allowed

It is illegal for anyone to carry a loaded firearm in any vehicle in North Dakota unless they have a concealed weapons permit.

North Dakota Weapons Violations

The list of North Dakota weapons violations and penalties are outlined in the table below:

North Dakota Plea Options

Anyone who is charged with a crime is presumed to be innocent until proven guilty beyond a reasonable doubt. Defendants have the option to plead:

• Not Guilty—In which case the judge will set a trial date where the defendant can choose either a jury trial or bench trial (the judge makes the decision).
• Plead Guilty—The defendant gives up their right to a trial and will be sentenced by the presiding judge.
• No Contest—The person does not admit they are guilty but doesn’t contest the charges against him.

Legal Help From a North Dakota Criminal Defense Attorney

A skilled criminal defense attorney may be able to negotiate a favorable plea bargain in your case. The prosecution may be willing to drop the offense from a felony down to a misdemeanor charge, depending upon the circumstances of the crime. Valid permit holders who forgot to carry their license or didn’t realize it had expired would normally be charged with a Class A misdemeanor. However, the prosecutor’s office may be willing to let the defendant plead guilty to a Class B crime instead.