North Dakota Open Carry Laws

Open Carry Laws in North Dakota

North Dakota law does not impose a specific prohibition on open carry for individuals who are legally able to possess a firearm. There is no separate "open carry license" or permit requirement. Open carry is governed by the general firearms statutes in N.D.C.C. Title 62.1, including the rules on prohibited persons (N.D.C.C. 62.1-02-01), prohibited places (N.D.C.C. Chapter 62.1-02), and use of force (N.D.C.C. Chapter 12.1-05).

Statutory Posture

ND's concealed-carry framework under N.D.C.C. 62.1-04 deals expressly with concealed carry. The state's open-carry rules are implied through the absence of a prohibition and the operation of related statutes. Practical implications:

• A legally eligible adult (18+ for possession; subject to federal age limits for purchase) may openly carry a holstered handgun in public in most locations, subject to prohibited-place rules.
• A long gun may be openly carried subject to the same general restrictions.
• The carrier must not be a prohibited person under N.D.C.C. 62.1-02-01 or 18 U.S.C. 922(g).
• The carrier must respect prohibited places (schools, liquor establishments, posted public buildings, federal facilities, private property where prohibited).
• The carrier must comply with general criminal law (no brandishing, no reckless display, no threatening conduct).

Age and Eligibility

Federal and ND law set the eligibility floor:

• Age 18+ is required to possess a handgun under ND state law. The carrier may openly carry a handgun at age 18.
• Age 21+ is required to purchase a handgun from a federally licensed dealer (FFL) under 18 U.S.C. 922(b)(1). Open carry by an adult under 21 must be of a handgun lawfully acquired (e.g., a gift, family transfer, or private sale where state allows).
• Long guns may be purchased at 18 from an FFL and possessed at the federal floor (typically 18, though varies by state for certain rifles).
• The carrier must not be a federally prohibited person under 18 U.S.C. 922(g).
• The carrier must not be subject to ND prohibitions under N.D.C.C. 62.1-02-01.

Open Carry vs. Concealed Carry - When the Rules Differ

ND's concealed-carry statutes (Constitutional Carry under N.D.C.C. 62.1-04-01(2) and CWL under 62.1-04-03) include several conditions that do not apply to open carry:

• Concealed carry duty to inform for permitless carriers (62.1-04-01(2)) - applies only when carrying concealed.
• CWL production-on-request rule (62.1-04-04) - applies only to CWL holders carrying under their license.
• One-year ND DL/ID requirement for permitless concealed carry - does not apply to open carry.

Open carry by a non-resident or by a ND resident without a CWL is generally lawful in non-prohibited places, subject to:

• General prohibited-person rules.
• Prohibited-place rules.
• Federal restrictions (FFL purchase age, federal facility restrictions, NICS).

This makes open carry the simplest legal-status path for ND residents and visitors alike, with the caveat that visible carry attracts attention and may complicate routine interactions.

Loaded vs. Unloaded for Open Carry

The "unloaded" definition under N.D.C.C. 62.1-04-01 applies to concealed firearms. For open carry:

• A firearm openly carried (e.g., in a hip holster) may be loaded for lawful purposes.
• ND does not require a specific magazine-empty or chamber-empty condition for open carry.

The same hunting restriction on loaded firearms in vehicles applies during big-game and small-game hunting: no loaded firearm in any motor vehicle, including OHVs and snowmobiles, while hunting in the field.

Prohibited Persons

Open carry, like all firearm possession, is unlawful for prohibited persons under both state and federal law. See the Restrictions section for the full list of disqualifying categories. The major categories:

• Felony conviction (state or federal).
• Misdemeanor crime of domestic violence (federal 18 U.S.C. 922(g)(9), and analogous ND statute).
• Misdemeanor conviction involving violence with a weapon.
• Current unlawful drug user (including marijuana users, even with ND medical cannabis card, under federal 922(g)(3)).
• Mental health adjudication or commitment.
• Dishonorable discharge.
• Renunciation of U.S. citizenship.
• Unlawful immigration status.
• Domestic-violence protection order under 18 U.S.C. 922(g)(8).
• Fugitive from justice.

Prohibited Places

Open carry is restricted in the same locations as concealed carry, including:

• Schools and school grounds (N.D.C.C. 62.1-02-13).
• Licensed liquor establishments (N.D.C.C. 62.1-02-04) - both open and concealed are restricted; CWL holders may carry concealed (only) if not consuming, but open carry remains restricted.
• Publicly owned buildings when posted (N.D.C.C. 62.1-02-05).
• Public gatherings as defined by statute (sporting events, certain assemblies).
• Federal facilities (18 U.S.C. 930).
• Post offices (39 C.F.R. 232.1).
• TSA sterile areas of airports (49 U.S.C. 46505).
• Tribal lands (subject to tribal law).
• Private property when the owner has prohibited firearms.

See the Prohibited Places section for the full discussion.

Brandishing and Reckless Display

Open carry must be lawful in manner as well as in location and status. The carrier must not:

• Point the firearm at another person without justification.
• Wave or display the firearm in a threatening or alarming manner.
• Discharge the firearm except in justified self-defense or other lawful circumstance.
• Otherwise engage in conduct that would support charges of:
  • Reckless endangerment (N.D.C.C. 12.1-17-03).
  • Disorderly conduct (N.D.C.C. 12.1-31-01).
  • Menacing or terrorizing (N.D.C.C. 12.1-17-04, -05).
  • Aggravated assault (N.D.C.C. 12.1-17-02).

Lawful open carry in a holster, without additional menacing conduct, is generally not in itself disorderly or terrorizing. However, complaints from members of the public may bring the carrier to law enforcement attention, and de-escalation skills are important.

Open Carry and Law Enforcement Encounters

A person openly carrying a firearm may be contacted by law enforcement based on a citizen complaint or officer observation. Best practice during a contact:

• Keep hands visible. Do not reach for the firearm.
• Follow lawful instructions. Officers may request to disarm you temporarily for the duration of the contact (officer-safety basis). Comply, and the firearm should be returned at the conclusion of a lawful contact.
• Identify yourself if asked. ND has stop-and-identify rules under certain circumstances.
• No statutory duty to inform while openly carrying - unlike permitless concealed carry, which requires proactive notification.

If the contact escalates and the officer believes you are not lawfully able to carry, the officer may detain or arrest based on individualized suspicion or probable cause. A lawful open carry is not itself probable cause for arrest absent additional facts.

Vehicle Open Carry

A firearm openly visible in a vehicle (e.g., a holstered handgun on the seat, a long gun in a rack) is generally lawful for legally eligible possessors. However:

• In a vehicle is statutorily concealed under N.D.C.C. 62.1-04-01 (under-seat, glove box, console, etc.).
• A visibly holstered handgun on a person seated in the vehicle is more ambiguous and may be treated as concealed for purposes of the statute.
• Best practice: rely on a CWL or constitutional carry authority when transporting a firearm in a vehicle.

See the Vehicle Carry section for full detail.

Open Carry and Reciprocity

Open carry is not a permit-based activity in ND, so reciprocity rules do not directly apply. A visitor from a state with a CWL may openly carry in ND on the same terms as a ND resident, subject to:

• ND prohibited-place rules.
• ND prohibited-person rules.
• General criminal law.

A visitor from a state where open carry is restricted (e.g., New York, California, Massachusetts) may openly carry in ND despite the visitor's home state's restrictions, again subject to ND's rules.

Preemption

Under N.D.C.C. 62.1-01-03, state law preempts local political subdivisions from regulating firearms, including open carry. A city or county cannot ban open carry beyond what state law allows. Local discharge regulations remain permissible.

Recent Legislative Context

ND has not enacted specific open-carry restrictions in recent years. The trend has been to maintain or expand carry rights:

• HB 1169 (2017): Enacted permitless concealed carry; did not modify open-carry framework.
• HB 1498 (2021): Stand-Your-Ground; affects use of force, not carry method.
• HB 1269 (2017): Repealed switchblade prohibition.

Practical Open-Carry Guidance

• Use a quality holster with adequate retention.
• Dress appropriately for the environment; open carry attracts attention.
• Anticipate citizen complaints - some members of the public may call law enforcement on observing an openly carried firearm.
• De-escalate if confronted; engage politely with officers and bystanders.
• Respect prohibited places.
• Carry ID to facilitate any law-enforcement contact.

Statutory References

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This is general information about ND open carry, not legal advice. Specific applications turn on the facts. Consult a ND attorney for case-specific guidance.