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Legal Information: North Dakota

State Gun Laws

Updated: 
September 23, 2021

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:
  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; 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 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

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 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.3

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.

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