Carrying a Gun in Your Car in North Dakota: Vehicle Carry Laws

Carrying a Firearm in a Vehicle in North Dakota

North Dakota's vehicle-carry rules are governed primarily by N.D.C.C. Title 62.1, especially N.D.C.C. 62.1-04-01 (carrying concealed) and N.D.C.C. 62.1-04-02 (permitless carry framework). The analysis depends on three things: (1) who is carrying, (2) where the firearm is in the vehicle, and (3) whether the firearm is loaded.

How North Dakota Treats Firearms in a Vehicle

Under N.D.C.C. 62.1-04-01, a firearm in a motor vehicle is considered concealed if it is in a vehicle under the individual's control and available to the individual, including:

• Beneath the seat
• In the glove compartment
• In a console
• Anywhere within reach of the driver or passenger

Because a vehicle-carried firearm is statutorily "concealed," the carrier must have legal authority to carry concealed - either a North Dakota Concealed Weapon License (CWL), constitutional carry eligibility (ND residents only), or a recognized out-of-state permit under N.D.C.C. 62.1-04-03.1.

Permitted Vehicle Carry Scenarios

1. North Dakota CWL holders (Class 1 or Class 2)

A CWL holder may carry a loaded, concealed firearm in a vehicle anywhere in North Dakota that is not a prohibited place under N.D.C.C. 62.1-02. The license must be produced upon request by law enforcement (N.D.C.C. 62.1-04-04). There is no statutory duty to proactively inform law enforcement.

2. Constitutional (permitless) carriers - ND residents only

Under N.D.C.C. 62.1-04-01(2), a ND resident who has held a ND driver's license or state ID for at least one year and who is at least 18 and not a prohibited person may carry a loaded, concealed firearm in a vehicle if:

• They carry a valid ND driver's license or ID (or a digital image of it), AND
• They proactively notify law enforcement of the firearm during any in-person contact, including traffic stops.

See Attorney General Opinion 2017-L-07 for ND AG's analysis of loaded vehicle carry under the 2017 permitless-carry law.

3. Reciprocity / out-of-state license holders

Non-residents who hold a concealed-carry license from a state ND recognizes under N.D.C.C. 62.1-04-03.1 may carry concealed in a vehicle on the same terms as a ND CWL holder. Non-residents may not rely on constitutional carry.

4. Non-residents without a recognized permit

A non-resident who does not have a recognized permit cannot rely on constitutional carry. Such a person may transport a firearm in a vehicle only in an unloaded condition. Under N.D.C.C. 62.1-04-01, the chamber may not contain a loaded shell; for a revolver, no chamber in the cylinder may contain a loaded shell. Best practice is to also place the firearm somewhere not readily accessible to the occupants (e.g., locked container or trunk).

Hunting Restriction (Loaded Firearms in Vehicles)

An individual who is in the field engaged in the lawful hunting of big game or small game may not keep or carry a loaded firearm in or on any motor vehicle, including:

• Passenger vehicles
• Trucks
• Off-highway vehicles (OHVs)
• Snowmobiles

This restriction applies to both CWL holders and permitless carriers and is a non-criminal offense under ND Game and Fish regulations. The prohibition is hunting-context specific and does not apply to ordinary self-defense carry while driving.

Federal Travel - FOPA (18 U.S.C. 926A)

When transporting a firearm through North Dakota in interstate travel under the Firearm Owners Protection Act, 18 U.S.C. 926A, the firearm must be:

• Unloaded, AND
• Not directly accessible from the passenger compartment (e.g., in the trunk), or in a locked container other than the glove compartment or console if the vehicle has no separate trunk.

FOPA preempts state and local restrictions for travelers passing through, provided the traveler may lawfully possess the firearm at both the origin and the destination. FOPA does not apply to stops that are not "in the course of travel."

Loaded vs. Unloaded - Statutory Definition

Per N.D.C.C. 62.1-04-01, a firearm is unloaded when:

• The chamber does not contain a loaded shell.
• For a revolver, none of the chambers in the cylinder may contain a loaded shell.

A magazine inserted in a semi-automatic firearm with no round in the chamber generally still counts as unloaded under this definition, but practical legal advice favors completely separating ammunition from the firearm during transport when no authority to carry concealed is in effect.

Vehicles in Prohibited Places

Even if a carrier has lawful authority to carry concealed in a vehicle, the firearm may not enter a statutorily prohibited place. Common reconciliations:

• School parking lots: A firearm secured and locked in a vehicle on school property is generally permitted; carrying the firearm into a school building is prohibited under N.D.C.C. 62.1-02-13.
• Publicly owned buildings (when posted): A firearm locked in a vehicle in the parking area is generally permitted; carrying into the posted building is prohibited.
• Liquor establishments: A CWL holder may carry concealed inside a licensed liquor establishment provided they are not consuming alcohol; permitless carriers may not. The vehicle parked outside is not the controlling consideration.
• Federal facilities: Federal property restrictions (18 U.S.C. 930) typically extend to the parking area as well; check posted signage at each federal facility.

Encounters With Law Enforcement

If you are carrying or transporting a firearm during a traffic stop or other in-person contact with a law enforcement officer:

• CWL holders: Produce the license upon request (N.D.C.C. 62.1-04-04). No statutory duty to volunteer the information, but doing so is common practice.
• Constitutional carriers: Must proactively inform the officer that a firearm is in the vehicle.
• Keep your hands visible, follow lawful instructions, and tell the officer where the firearm is before reaching for any documents.

Statutory References

Practical Vehicle-Carry Checklist

• Confirm your status (CWL, ND constitutional carry, recognized out-of-state permit, or unauthorized).
• If permitless: carry your ND DL/ID and be ready to inform.
• If CWL: keep the license on your person.
• Plan in advance for prohibited places along the route.
• During hunting, unload before re-entering any vehicle, including OHV/snowmobile.
• For interstate transit, comply with FOPA and the laws of every jurisdiction along the route.

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Primary authority: N.D.C.C. Title 62.1 and ND AG Opinion 2017-L-07. This is not legal advice; consult an attorney for fact-specific guidance.