Legal Information: North Dakota

State Gun Laws

Updated: 
September 23, 2021

I am a victim of domestic violence and the abuser has a gun. Is that legal?

North Dakota state law prohibits the possession of any firearm under the following circumstances:

  1. A person who was convicted of a felony involving violence or intimidation that comes under any of the following sections of the North Dakota criminal law (or a similar felony in another state) cannot possess a firearm for 10 years from the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest:
  2. A person who was convicted of a felony (in North Dakota or in another state) that does not fall under the categories listed in #1 cannot possess a firearm for five years from the date of the conviction or the date of release from incarceration, parole, or probation, whichever is latest;2
  3. A person who was convicted of a class A misdemeanor involving violence or intimidation that comes under any of the sections of the North Dakota criminal law listed in #1 (or a similar class A misdemeanor in another state) cannot possess a firearm for five years from the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest – however, and s/he must have used or possessed a firearm, a dangerous weapon, a destructive device or an explosive while committing the misdemeanor crime;2
  4. A person is prohibited from purchasing or possessing a firearm if s/he has ever been:
    • diagnosed as:
    • confined or committed to a hospital or other institution (in any state) by a court;3 and
  5. A person who is under the age of eighteen (unless it’s for hunting, target shooting, etc., and under the direct supervision of an adult).4

In addition, if a person applies for a concealed weapons license in North Dakota, s/he should be denied the license if any of the following are true:

  • s/he falls into any of the categories listed above (in #1 through #5);
  • s/he has been convicted of any felony;
  • s/he has been convicted of a crime of violence;
  • s/he has been convicted of an offense involving domestic violence;
  • s/he has a final order of protection against him/her that meets the requirements under federal law;
  • s/he has been convicted of an offense involving the use of alcohol within the past three years;
  • s/he has been convicted of a misdemeanor involving the unlawful use of drugs within the past ten years;
  • s/he has been convicted of an offense involving moral turpitude; or
  • a court has declared him/her to be mentally incompetent.5

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements or if s/he has been convicted of a felony or domestic violence misdemeanor. Go to Federal Gun Laws to get more information.

1 ND Statutes § 62.1-02-01(1)(a)
2 ND Statutes § 62.1-02-01(1)(b)
3 ND Statutes § 62.1-02-01(1)(c)
4 ND Statutes § 62.1-02-01(1)(d)
5 ND Statutes § 62.1-04-03(1)(c)

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