In North Dakota (N.D.) under the N.D. Century Code Section 62.1-02-10, a person who is not prohibited by any of the N.D statutes is permitted to carry a handgun if the handgun is carried unloaded, either in plain view or secured between one hour before and after sunset. However, following persons are not bound by Section 62.1-03-01 and are free to carry loaded handgun without restrictions[i].
- Any person possessing a valid N.D. concealed weapons license or a valid license issued by another state;
- Any person on that person’s land, or in that person’s permanent or temporary residence, or fixed place of business;
- Any person while lawfully engaged in target shooting;
- Any person while engaged in the lawful pursuit of hunting or trapping;
- Any N.D. law enforcement officer;
- Any law enforcement officer of any other state or political subdivision if on official duty within this state;
- Any armed security guard or investigator on duty or going to or from duty authorized by the attorney general;
- Any member of the armed forces of the U.S. when on duty or going to or from duty and when carrying the handgun issued to the member;
- Any member of the national guard, organized reserves, state defense forces, or state guard organizations, when on duty or going to or from duty and when carrying the handgun issued to the member by the organization;
- Any officer or employee of the U.S. authorized to carry a handgun;
- Any person engaged in manufacturing, repairing, or dealing in handguns or the agent or representative of such person possessing;
- Any common carrier, but only when carrying the handgun as part of the cargo in the usual cargo carrying portion of the vehicle.
Thus, no person other than a law enforcement officer, may carry any firearm or dangerous weapon concealed unless the person is licensed to do so or exempted pursuant to Chapter 62.1-04(Concealed Weapons) of the Century Code.[ii].
The director of the bureau of criminal investigation will issue a license to carry a firearm or dangerous weapon concealed. An application for permit should be submitted to the director. Both a resident and a nonresident citizen of the U.S. can make the application. Requirements for making an application is as follows:[iii]:
- The applicant is at least 21 years of age for a class 1 license or at least 18 years of age for a class 2 license;
- The applicant has a valid reason for carrying the firearm or dangerous weapon concealed;
- The applicant is not a person specified in N.D. Century Code Section 62.1-02-01;
- The applicant has the written approval for the issuance of a license from the concerned authorities;
- The applicant completes the bureau of criminal investigation application form and has successfully passed a background investigation or criminal records check conducted by that agency;
- The applicant is not prohibited under federal law from owning, possessing, or having a firearm under that person’s control.
The requirements listed above are effective through June 30, 2011.
Class 1 and class 2 licenses to carry a concealed firearm is issued by the Attorney General, pursuant to the following requirements:
- An applicant should successfully participate in a classroom instruction that sets forth weapon safety rules and the deadly force law of N.D. S/he should complete an open book test based upon a manual, demonstrate familiarity with a firearm or dangerous weapon, and complete an actual shooting or certified proficiency exercise;
- An applicant for a class 2 license is required to complete the open book test offered for the class 1 license;
- The license can be converted to a class 2 license upon renewal and no additional testing is required if the same is acquired before August 1, 2009.
A concealed weapons license is issued at a fee of $45. The fee thus paid should be credited to the Attorney General’s operating fund. The application form should contain sufficient information to properly conduct a background investigation and be accompanied by two sets of classifiable fingerprints.
Reciprocity to carry a concealed firearm or dangerous weapon without requiring a separate license is guaranteed under Section 62.1-04-03.1 of N.D. Cent Code.
North Dakota recognizes permits to carry firearms from Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Indiana, Kentucky, Louisiana, Michigan, Missouri, Montana, New Hampshire, New Mexico, North Carolina, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, and Utah. The states that recognize permit to carry firearms from North Dakota are Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Indiana, Kentucky, Louisiana, Michigan, Missouri, Montana, New Hampshire, New Mexico, North Carolina, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, and Vermont. A permit is issued for three years at a fee of $25.
[i] N.D. Cent. Code, § 62.1-03-01
[ii] N.D. Cent. Code, § 62.1-04-02
[iii] N.D. Cent. Code, § 62.1-04-03