Legal Information: North Dakota

State Gun Laws

Updated: 
December 22, 2016

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

It depends.  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:
    • Chapter 12.1–16. Homicide
    • Chapter 12.1–17. Assaults—threats—coercion—harassment
    • Chapter 12.1–17.1. Offenses against unborn children
    • Chapter 12.1–18. Kidnapping
    • Chapter 12.1–20. Sex offenses
    • Chapter 12.1–21. Damaging property or public services
    • Chapter 12.1–21.1. Animal research facility damage
    • Chapter 12.1–22. Robbery—breaking and entering offenses
    • Chapter 12.1–23. Theft and related offenses
    • Chapter 12.1–23.1. Theft of cable television
    • Chapter 12.1–24. Forgery and counterfeiting
    • Chapter 12.1–25. Riot;*
  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 5 years from the date of the conviction or the date of release from incarceration, parole, or probation, whichever is latest; and
  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 5 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.** 

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 #3);
  • 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 been convicted of an offense involving the use of alcohol within the past ten 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.***

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 s/he has been convicted of a felony or domestic violence misdemeanor.  Go to Federal Gun Laws to get more information. 


* ND Statutes § 62.1-02-01(1)(a)

** ND Statutes § 62.1-02-01(1)(b) 

*** ND Statutes § 62.1-04-03(1)(c)