Know the Laws: North Dakota
UPDATED April 1, 2008
WomensLaw.org strongly recommends that you get help from an organization in your area before proceeding with court action. To find an organization in your area please visit the ND Where to Find Help page.
- Basic Info
- Guns and Domestic Violence Protection Orders
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
back to topI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. If you have a Protective Order against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then Federal law states that it is illegal for your abuser to buy, own or have a gun in their possession.*
In addition, ND state law says that a person cannot have or buy a gun if s/he has been convicted of a violent felony or a weapons-related offense or has been committed to a mental institution.**
Note: There are certain requirements that your Domestic Violence Protection Order (DVPO) must meet for it to qualify under Federal law. See the next question to read more about what those requirements are.
If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
To read the definition of a felony, see What is the definition of a felony?
* 18 USC Sec. 922(g)(8); 18 USC Sec. 922(g)(9)
** ND Statutes §62.1-02-01