Constitutional Carry in North Dakota: What the Law Allows

Constitutional Carry in North Dakota

North Dakota's constitutional carry law took effect on August 1, 2017, allowing eligible residents to carry a concealed firearm without obtaining a concealed weapon license. The law is codified under North Dakota Century Code (NDCC) Title 62.1.

Eligibility Requirements

To carry concealed under constitutional carry, an individual must meet all of the following criteria:

• Age: Must be at least 18 years of age. Note: Federal law requires individuals to be 21 to purchase a handgun from a licensed dealer, but North Dakota law permits possession at age 18 if otherwise legally eligible.
• Residency: Must be a resident of North Dakota for at least one (1) year, as evidenced by a valid North Dakota driver's license or North Dakota identification card.
• Legal eligibility: Must not be prohibited by state or federal law from possessing a firearm (see NDCC 62.1-04-03 for disqualifying offenses).

Mandatory Requirements While Carrying

• Identification: A valid North Dakota driver's license or North Dakota identification card must be carried at all times while carrying concealed. A digital image of the license or ID is also acceptable.
• Law Enforcement Notification: If carrying under constitutional carry, the individual must inform law enforcement that they are in possession of a firearm upon any in-person contact by a law enforcement officer, including traffic stops. This is a mandatory duty to inform.

Definition of "Concealed"

Under NDCC, a firearm is considered concealed if:

• It is carried in such a manner as to not be discernible by the ordinary observation of a passerby
• There is no requirement of absolute invisibility - merely that it not be ordinarily discernible
• It is not secured and is worn under clothing or carried in a bundle held by the individual
• It is transported in a vehicle under the individual's control and available to the individual, including beneath the seat or in a glove compartment

Unloaded firearm definition: The chamber does not contain a loaded shell. For revolvers, none of the chambers in the cylinder may contain a loaded shell.

Vehicle Carry

An individual may keep a loaded, concealed firearm in a vehicle provided they:

1. Show valid identification (ND driver's license or ID card), AND
2. Notify law enforcement that they are in possession of a firearm during any contact

Location Restrictions

Constitutional carry does not override location-based restrictions under NDCC Title 62.1-02. Firearms may not be carried in the following locations:

• Retail establishments where alcoholic beverages are sold
• Locations where consumption of alcoholic beverages occurs
• Public gatherings, including:
  • Athletic or sporting events
  • Schools
  • Churches
  • Publicly owned or operated buildings

Limitations of Constitutional Carry

• North Dakota only: Constitutional carry permits concealed carry only within the borders of North Dakota. It does not extend to any other state.
• No reciprocity: Constitutional carry status is not recognized by other states. To carry concealed outside North Dakota (including neighboring states like Minnesota, South Dakota, and Montana), a valid North Dakota Concealed Weapon License (CWL) is required, and reciprocity agreements apply only to CWL holders.
• Hunting restriction: An individual engaged in lawful hunting of big game or small game may not keep or carry a loaded firearm in or on any motor vehicle, including off-highway vehicles or snowmobiles. This restriction applies to both constitutional carry and concealed weapon license holders. Violation is a non-criminal offense.

Constitutional Carry vs. Concealed Weapon License

Why Obtain a CWL Despite Constitutional Carry

Even with constitutional carry, obtaining a Concealed Weapon License provides significant benefits:

• Interstate reciprocity - A Class 1 CWL provides reciprocity with the most states; a Class 2 CWL provides reciprocity with fewer states
• No mandatory duty to inform law enforcement during contact
• No 1-year residency waiting period (standard ND residency suffices)
• Both license classes are equally valid within North Dakota

Relevant Statutes

• NDCC Title 62.1 - Weapons (general provisions)
• NDCC 62.1-02 - Location restrictions for carrying firearms
• NDCC 62.1-04-03 - Disqualifying offenses for firearm possession
• Constitutional carry provisions - Effective August 1, 2017

Additional Resources

• North Dakota Attorney General - Concealed Weapon Licensing Unit: (701) 328-5523
• North Dakota Attorney General's Office - General Inquiries: (701) 328-2210
• For complete statutory text, consult NDCC Title 62.1 at the North Dakota Legislative Branch website