Stun Gun Laws in North Dakota

Learn about stun gun laws and possession requirements in North Dakota.

A stun gun is a device that uses direct contact to deliver voltage for the defense of an individual. A taser is a device that sends out one or more electrical probes, which give an electric shock and cause temporary paralysis.

(N.D. Cent. Code § 62.1-01-01.)

This article describes North Dakota laws regarding who may not have a stun gun or taser, and the circumstances or situations when carrying a stun gun or taser is illegal in the state.

To learn more about how stun guns work, and how permitting laws vary by state, see  States Requiring a Stun Gun Permit.

People Who May Not Carry a Stun Gun or Taser in North Dakota

In North Dakota, most people may purchase, possess (openly or concealed), or use a nonlethal stun gun for self-defense without obtaining a permit. However, North Dakota defines tasers as a dangerous weapon; therefore, a concealed weapons license is required to carry a concealed taser.

(N.D. Cent. Code § 62.1-04-02.)

For more information on obtaining your concealed weapons license, see  North Dakota Gun Laws.

Situations or Circumstances Where Carrying a Stun Gun or Taser is Illegal

It is illegal to carry a concealed taser in an establishment that is set aside for the retail sale of alcoholic beverages or used as a gaming site at which bingo is the primary gaming activity. Peace officers and specified others are exempt from this rule. Violation of this rule is a Class A misdemeanor.

(N.D. Cent. Code § 62.1-02-04.)

It is also illegal to carry a concealed taser at a public gathering. Public gathering includes athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, musical concerts, publicly owned parks where hunting is not allowed by proclamation, and publicly owned or operated buildings. Peace officers and specified others are exempt from these rules. Violation of this rule is a Class B misdemeanor.

(N.D. Cent. Code § 62.1-02-05.)

Assaults Using a Stun Gun or Taser

The negligent use of a taser that results in bodily injury is a Class B misdemeanor, punishable by a fine of up to $1,500, up to 30 days in jail, or both. If the victim is a peace officer, correctional institution officer, judicial officer, firefighter, or medical service worker acting in the performance of his or her duties, the crime is a Class C felony, punishable by a fine of up to $10,000, up to five years in prison, or both. If the victim is a member of the defendant’s household, subsequent offenses are a Class A misdemeanor, punishable be a fine of up to $3,000, up to one year in jail, or both.

(N.D. Cent. Code § § 12.1-17-01, 12.1-32-01.)

The negligent use of a taser that results in substantial bodily injury is a Class A misdemeanor, punishable by a fine of up to $3,000, up to one year in jail, or both. If the victim is under the age of 12, the crime is a Class C felony, punishable by a fine of up to $10,000, up to five years in prison, or both.

(N.D. Cent. Code § § 12.1-17-01.1, 12.1-32-01.)

Knowingly causing bodily injury or substantial bodily injury to another person with a taser, or possessing a taser under circumstances that indicate an intent or readiness to inflict serious bodily injury, is a Class C felony, punishable by a fine of up to $10,000, up to five years in prison, or both. If the victim is under the age of 12 or suffers permanent loss or impairment of a bodily member or organ, the crime is a Class B felony, punishable by a fine of up to $20,000, up to ten years in prison, or both.

(N.D. Cent. Code § § 12.1-17-02, 12.1-32-01.)

Penalties for Stun Gun or Taser Carry Violations

It is illegal to carry a taser in an establishment that is set aside for the retail sale of alcoholic beverages or used as a gaming site at which bingo is the primary gaming activity. Penalties include a fine of up to $3,000, up to one year in jail, or both.

(N.D. Cent. Code § § 62.1-02-04, 12.1-32-01.)

It is illegal to carry a taser at a public gathering. Penalties include a fine of up to $1,500, up to 30 days in jail, or both.

(N.D. Cent. Code § § 62.1-02-05, 12.1-32-01.)

Getting Legal Help

If you have any questions about whether you are allowed to purchase, carry, or use a gun in North Dakota, or if you are facing charges for a stun gun or taser violation, consult a qualified criminal defense lawyer.

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