Legal Information: North Dakota

State Gun Laws

Updated: 
September 23, 2021

I have a domestic violence protection order against the abuser. Can s/he keep a gun or buy a new gun?

It depends.  In an ex parte temporary order and in a final domestic violence protection order, the judge can order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms if the judge believes that the abuser is likely to use, display or threaten to use the firearm in further acts of violence.1

In addition, if the abuser applies for a concealed weapons license in North Dakota, s/he should be denied if s/he has a final order of protection against him/her that meets the requirements under federal law.2

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun.  Go to the Federal Gun Laws page to get more information.

1 ND Statutes §§ 14-07.1-02(4)(g); 14-07.1-03(2)(d)
2 ND Statutes § 62.1-04-03(1)(c)(8)

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