Red Flag | North Dakota Concealed Carry

North Dakota Red Flag Laws

North Dakota does not have an "Extreme Risk Protection Order" (ERPO) or "Red Flag" statute that allows a court to order temporary removal of firearms from a person based solely on a finding that the person poses a risk to themselves or others. As of 2026, ND remains one of the minority of states without ERPO legislation.

However, several existing statutory and federal mechanisms can result in temporary or permanent firearms restrictions for at-risk individuals.

No Statutory ERPO / Red Flag in North Dakota

The North Dakota Legislative Assembly has considered and rejected ERPO-style bills in recent sessions. The state's policy posture is to rely on existing mental health civil commitment, domestic-violence protection orders, and federal prohibited-person law rather than a dedicated ERPO regime.

This means that in North Dakota:

• A family member or law enforcement officer cannot petition a court for an ERPO that would temporarily seize firearms based on a risk-of-harm showing alone.
• A finding of risk to self or others must go through traditional avenues: civil commitment, criminal process, or domestic-violence protection orders.

Mental Health Civil Commitment - N.D.C.C. Chapter 25-03.1

North Dakota's civil-commitment statute, N.D.C.C. Chapter 25-03.1, allows for involuntary commitment of a person who is mentally ill and poses a danger to themselves or others.

Process:

1. A petition is filed in district court by a treatment facility, law enforcement officer, family member, or other qualifying party.
2. The court conducts a hearing with the respondent represented by counsel.
3. If the court finds, by clear and convincing evidence, that the person is mentally ill and a danger, the court may order commitment for a defined period (typically up to 90 days initially, with extensions).

Firearms consequences:

• A person committed to a mental institution becomes a federally prohibited person under 18 U.S.C. 922(g)(4), unable to lawfully possess any firearm.
• The prohibition is lifelong unless the person obtains relief through the federal mental-health-adjudication relief program (NICS Improvement Amendments Act, P.L. 110-180) or applicable state procedures.

A person subject to an involuntary outpatient treatment order may, depending on the specifics, be a prohibited person under 18 U.S.C. 922(g)(4). The Bipartisan Safer Communities Act (2022) expanded NICS reporting of mental health adjudications.

Domestic Violence Protection Orders - N.D.C.C. Chapter 14-07.1

A domestic-violence protection order in North Dakota under N.D.C.C. Chapter 14-07.1 can result in a firearms prohibition through both state and federal law.

Process:

1. A victim or qualifying petitioner files a petition for a protection order in district court.
2. The court may issue an ex parte temporary order based on the petition's showing of an immediate need.
3. A hearing is scheduled (typically within 14 days) for a permanent order.
4. The respondent is served and given an opportunity to be heard.
5. If the court finds the requisite domestic-violence facts, it enters a permanent order (typically for 2 years, extendable).

Firearms consequences:

• A respondent subject to a qualifying protection order under 18 U.S.C. 922(g)(8) - one that prohibits harassment or threats and includes the respondent's opportunity to participate in the hearing - is federally prohibited from possessing firearms during the order's pendency.
• The protection order itself may specifically order surrender of firearms.
• The respondent may be required to surrender firearms to law enforcement, transfer them to a third party (not a prohibited person), or store them with an FFL.

The U.S. Supreme Court upheld the constitutionality of 18 U.S.C. 922(g)(8) in United States v. Rahimi, 144 S. Ct. 1889 (2024).

Disorderly Conduct Restraining Orders - N.D.C.C. 12.1-31.2-01

ND also has disorderly conduct restraining orders under N.D.C.C. 12.1-31.2-01 for non-domestic-violence situations involving threats or harassment. These orders can include firearms-related conditions but do not automatically trigger the federal 18 U.S.C. 922(g)(8) prohibition unless they meet the specific federal criteria (cohabitant/intimate partner relationship, opportunity to participate, finding of credible threat).

Bond Conditions Following Arrest

Following an arrest, a North Dakota court may impose conditions of release that prohibit firearm possession, particularly in cases involving:

• Domestic violence.
• Threatening behavior.
• Stalking.
• Weapons offenses.

These conditions are enforceable during the pendency of the criminal case. Violation can result in revocation of release and additional charges.

Federal Prohibited Persons

Even without an ERPO, the existing federal prohibited-person framework under 18 U.S.C. 922(g) imposes firearm restrictions based on:

• Felony conviction (g)(1).
• Fugitive from justice (g)(2).
• Unlawful drug user or addict (g)(3).
• Mental health adjudication or commitment (g)(4).
• Unlawful presence or non-immigrant visa status (g)(5).
• Dishonorable discharge (g)(6).
• Renunciation of U.S. citizenship (g)(7).
• Domestic-violence protection order (g)(8).
• Misdemeanor crime of domestic violence (g)(9).

Each category triggers a federal prohibition without requiring a separate state proceeding.

What Happens to Firearms Upon Disqualification

When a person becomes a prohibited person in North Dakota, the firearms must be disposed of in a manner that does not result in continued possession by the prohibited person. Typical options:

• Transfer to a third party who is not a prohibited person (subject to federal interstate-transfer rules for any transfer across state lines, which generally requires an FFL).
• Storage with an FFL until the prohibition is resolved.
• Surrender to law enforcement pursuant to a court order.
• Sale to a private party or FFL.

A prohibited person who retains constructive possession (e.g., the firearms remain in the prohibited person's home) commits a continuing 18 U.S.C. 922(g) violation.

NICS Reporting

Under the NICS Improvement Amendments Act (P.L. 110-180) and the Bipartisan Safer Communities Act (2022), ND reports qualifying mental health adjudications and certain other disqualifying records to the National Instant Criminal Background Check System. This affects:

• Firearm purchases at FFLs (the prohibited person will be denied).
• ND CWL applications (BCI checks NICS records).

Restoration of Rights

A person whose firearms rights have been removed may seek restoration through:

• NICS Improvement Amendments Act relief program for mental-health adjudications.
• Petition for relief in the court that ordered the commitment or restraining order.
• Federal pardon for a federal felony.
• State pardon by the Governor for a state offense.
• Petition to terminate the protection or restraining order based on changed circumstances.

Restoration of state rights does not automatically restore federal rights.

Future Legislative Activity

ND legislative records show recurring ERPO proposals that have not advanced. Stakeholders interested in ERPO-style legislation should monitor:

• Bills introduced in the ND House and Senate Judiciary committees.
• Governor's State of the State and budget addresses.
• ND Attorney General policy positions.

Statutory References

---

This is general information, not legal advice. Mental-health, protection-order, and federal-prohibited-person law is complex and fact-specific. Consult counsel for any specific situation.