What is the penalty for violating state or federal firearm laws?
If there is a specific provision written into the protection order that the abuser cannot possess a gun and s/he violates this provision, it can be a violation of North Dakota state law as follows:
- for the first violation, a class A misdemeanor, which can be punished by jail time of up to 1 year, a fine of up to $3,000, or both;1 and
- for a second (or subsequent) violation, a class C felony, which can be punished by jail time of up to 5 years, a fine of up to $10,000, or both.2
Also, if someone possesses a gun in violation of any of the conditions explained in I am a victim of domestic violence and the abuser has a gun. Is that legal?, it is a class C felony if s/he violates the conditions listed in #1, #2, or #3, and a class A misdemeanor if s/he violates the conditions listed in #4 or #5.3
Note: Under federal law, which applies to all states, anyone who has or buys a gun in violation of the federal firearm laws can be punished by a fine, jail time for up to 10 years, or both.4 However, as with any criminal case, the actual sentence the abuser gets may depend on a lot of different factors.
1 ND Statutes §§ 14-07.1-06; 12.1-32-01(5)
2 ND Statutes §§ 14-07.1-06; 12.1-32-01(4)
3 ND Statutes § 62.1-02-01(1)
4 18 USC § 924(a)(2)