Preemption | North Dakota Concealed Carry

North Dakota State Preemption of Firearms Laws

North Dakota has a state preemption statute that prevents local political subdivisions from enacting firearms regulations that exceed or contradict state law. The principal authority is N.D.C.C. 62.1-01-03, supplemented by case law and Attorney General opinions.

Statutory Authority - N.D.C.C. 62.1-01-03

Under N.D.C.C. 62.1-01-03, the regulation of the purchase, sale, ownership, possession, transfer of ownership, registration, and licensure of firearms and ammunition is reserved to the state. A city, county, township, school district, or other political subdivision may not:

• Adopt an ordinance, resolution, or rule regulating firearms or ammunition more strictly than state law, or
• Otherwise regulate the activities reserved to the state.

The intent is to provide a uniform statewide firearms-law regime so that residents and visitors can rely on a single set of rules across municipal boundaries.

What Local Governments CANNOT Do

Local governments in North Dakota are preempted from:

• Banning or restricting specific firearms or magazines.
• Imposing local registration requirements.
• Requiring local permits for firearm ownership or carry.
• Imposing local storage mandates beyond what state law requires.
• Banning ammunition types lawful under state law.
• Imposing local waiting periods beyond federal background-check timing.
• Banning concealed carry by residents lawfully exercising state CWL or constitutional-carry authority.
• Banning open carry beyond what state law restricts.
• Imposing local taxes specifically on firearms or ammunition that act as de facto restrictions.

What Local Governments CAN Do

Despite preemption, certain narrow local actions remain authorized:

• Posting publicly owned or operated buildings as off-limits to firearms under N.D.C.C. 62.1-02-05 (e.g., city hall, county courthouse). The posting must comply with state requirements.
• Regulating firearms discharge within municipal limits for general public-safety purposes (e.g., no-discharge ordinances), provided the regulation does not infringe state-recognized carry rights.
• Operating police departments that enforce state firearms law.
• Regulating sales of firearms in publicly owned spaces they control (e.g., a city-owned arena's policy for a gun show).
• Park districts may restrict firearms in publicly owned parks where hunting is not allowed under N.D.C.C. 62.1-02-05.

The line between "regulating discharge" (allowed) and "regulating possession" (preempted) is the typical battleground. Discharge ordinances that effectively ban carry will likely be invalid.

Case Law and Attorney General Opinions

ND's preemption statute is broad and rarely contested in court. Attorney General opinions and case law have generally confirmed that the statute is to be read expansively in favor of preemption:

• Local ordinances regulating firearm possession or carry are typically invalid even if framed as zoning or land-use measures.
• Local park districts and recreational entities may not impose firearm restrictions in publicly owned parks where hunting is allowed.
• Police chiefs and sheriffs may set policies for their own departments but cannot effectively legislate carry rules for the public.

The Attorney General has issued opinions clarifying the scope of preemption. For example, Attorney General Opinion 2017-L-07 addresses certain vehicle-carry questions under permitless carry.

Posting of Public Buildings

N.D.C.C. 62.1-02-05 allows political subdivisions and state entities to post publicly owned or operated buildings as off-limits to firearms. The mechanics:

• Posting must be conspicuous at all public entrances.
• The notice should clearly state that firearms are prohibited.
• Once posted, carrying a firearm into the building is a violation under N.D.C.C. 62.1-02-05.
• Storage of the firearm in a vehicle in the parking area is generally permitted.

A political subdivision cannot use the posting authority to effectively prohibit carry in all public spaces - posting must be tied to specific publicly owned or operated buildings.

Schools

K-12 schools and school property are subject to a statewide statutory prohibition under N.D.C.C. 62.1-02-13. This is a state-imposed rule, not a local rule. The prohibition applies to:

• Public and private school buildings.
• School grounds.
• School-sponsored events (on or off school property).
• School buses.

Exceptions exist for firearms locked in a vehicle on school property and for school-sanctioned firearm activities (e.g., trapshooting teams).

Higher Education Institutions

Public universities and colleges in North Dakota are state institutions. Carry policies are governed by state law and the institution's own policies. The North Dakota State Board of Higher Education sets system-wide policy, and individual institutions may post specific buildings under the state's posting authority. Verify current policy at each institution.

Federal Preemption Layer

In addition to state preemption of local action, federal preemption can apply to certain narrow areas:

• Atomic Energy Act preemption of nuclear facility security rules.
• Aviation security preemption of airport-sterile-area rules (49 U.S.C. 46505).
• National parks under federal Department of the Interior policy.

These federal preemption issues operate independently of state-local preemption and limit even state authority in specific contexts.

Practical Effects of Preemption

• A firearm owner who travels between Fargo, Bismarck, and Minot can rely on a single statewide ruleset.
• A CWL holder does not need to research separate municipal ordinances for each city visited within ND.
• A constitutional carrier does not face a patchwork of local permitless-carry restrictions.
• Local law enforcement enforces state firearms law, not local firearms ordinances.

Challenges to Local Ordinances

A citizen who believes a local ordinance violates ND preemption may:

• File a complaint with the ND Attorney General's office, which may issue an opinion or initiate enforcement.
• File a declaratory judgment action in ND district court seeking to invalidate the ordinance.
• Raise preemption as a defense if charged under the local ordinance.

Successful preemption challenges typically result in the local ordinance being declared unenforceable.

What Preemption Does Not Do

Preemption does not:

• Override federal law (federal restrictions still apply).
• Authorize carrying in statutorily prohibited places (schools, posted public buildings, federal facilities).
• Eliminate property owners' rights to set firearm rules on their own property.
• Eliminate employer rights to set workplace firearm policies (except where state law specifically protects employee carry).
• Affect the operation of justification, use-of-force, or criminal law generally.

Statutory References

Practical Summary

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This is general information about ND state preemption, not legal advice. Specific applications turn on the wording and effect of the contested local rule.