Storage | North Dakota Concealed Carry

Firearms Storage in North Dakota

North Dakota does not impose a general statutory safe-storage mandate on adult firearm owners. There is no state law requiring trigger locks, gun safes, or specific storage methods for firearms kept in a personal residence by an adult. Owners are free to determine the storage method that best suits their security and use-case needs.

That said, several specific statutory and practical considerations affect storage choices.

No General Safe-Storage Mandate

Unlike states such as California (Penal Code 25100 et seq.), Massachusetts, New York, and others, North Dakota has no general criminal statute requiring locked storage of firearms in the home. ND's policy posture is consistent with its broader pro-Second-Amendment orientation: storage method is left to the individual owner subject to general criminal and civil liability law.

Child Access Prevention (CAP) - Limited

North Dakota has no comprehensive child-access-prevention (CAP) law that criminalizes a parent's storage practices independent of an actual injury or incident. By contrast:

• Federal law (18 U.S.C. 922(x)) restricts juvenile possession of handguns with limited exceptions for hunting, target shooting, employment, and self-defense at home with parental consent.
• A parent or guardian who transfers a handgun to a juvenile in violation of federal law commits a federal crime.

If a child obtains a firearm and causes injury or death, the storing adult may face charges under general statutes:

• Reckless endangerment under N.D.C.C. 12.1-17-03.
• Negligent homicide under N.D.C.C. 12.1-16-03 in serious cases.
• Civil liability under common-law negligence theories.

The standard is general negligence and recklessness, not a specific safe-storage requirement.

Federal Trigger-Lock-at-Sale Requirement (18 U.S.C. 922(z))

Federal law requires federally licensed dealers (FFLs) to provide a secure gun storage or safety device with every handgun sale (18 U.S.C. 922(z)). This applies at the point of sale, not as an ongoing storage mandate. Compliance is the seller's responsibility; the buyer's use of the device is not federally mandated.

Storage in Vehicles

A firearm stored in a parked vehicle in a public place is exposed to theft. While ND does not statutorily require any specific securing method, best practice is:

• Use a vehicle gun safe anchored to the vehicle frame.
• Place the firearm out of sight when leaving the vehicle.
• Avoid leaving the firearm in the vehicle overnight in public locations.

If the firearm is stolen from a vehicle (or anywhere else) and used in a crime, ND law does not penalize the original lawful owner solely for the theft. However, an owner who knowingly leaves a firearm unsecured in a vehicle and intends or accepts the risk that an unauthorized person will take it may face contributory or aiding-and-abetting liability depending on facts.

Storage in Federal Facilities

Federal law (18 U.S.C. 930) restricts firearms in federal facilities. The restriction extends to storage of firearms in federal facility parking areas in many cases. Check posted signage and federal-facility-specific rules at:

• Federal buildings and courthouses.
• Military installations.
• VA medical centers.
• TSA security areas of airports.
• Post offices (US Postal Service properties).

Storage by Persons Subject to Court Order

A person subject to a domestic-violence protection order meeting 18 U.S.C. 922(g)(8), a restraining order that prohibits firearm possession, or a bond condition prohibiting firearms, is subject to surrender or transfer obligations during the pendency of the order. The order may specify how firearms must be surrendered (to law enforcement, to a designated third party, or to an FFL for storage). Failure to comply is a violation of the order and a separate criminal offense.

Storage with a third party (a friend, relative, or commercial storage facility) is permitted only if the third party is themselves not a prohibited person and the transfer is consistent with applicable federal law.

Storage After Death of Owner

When a firearm owner dies, the disposition of the firearms is governed by:

• The owner's will or other estate-planning documents.
• ND intestate succession law if the owner died without a will.
• Federal firearms transfer law, including the prohibited person check for any recipient.

Transfers from an estate to an in-state heir generally do not require an FFL transfer (under 18 U.S.C. 922(a)(3) and related provisions), but transfers to an out-of-state heir typically must go through an FFL in the heir's state of residence. NFA items require ATF approval of an estate transfer (Form 5).

Storage in Public Buildings (When Posted)

Where a publicly owned or operated building is posted as prohibiting firearms under N.D.C.C. 62.1-02-05, a person who needs to enter the posted building may store the firearm in a locked vehicle in the parking area outside the building. The firearm is not subject to a state-law-imposed storage method for this purpose, but best practice is a locked container in the trunk or out of view.

Storage at Workplace

An employer in North Dakota may set workplace firearm policies, including prohibiting firearms at work or in employer-controlled vehicles. North Dakota does not have a "parking lot" preemption statute that prohibits employers from banning firearms in employee vehicles parked at work. Employees should check their employer's policy.

NFA Items - Storage

NFA items (machine guns, suppressors, SBRs, SBSs, destructive devices, AOW) must be stored in a manner that prevents access by persons not on the approved ATF transfer form. Storage in a gun safe accessible only to the registered owner (and approved trust trustees, if held in a trust) is best practice. Failure to maintain control can support charges of unlawful transfer under 26 U.S.C. 5861.

Practical Storage Recommendations

While ND does not mandate specific storage methods, owners should weigh:

1. Quick access for defense vs. secure storage from unauthorized users. The traditional tension is resolved by:

   • Biometric or quick-access safes for handguns.
   • Mechanical or electronic gun safes for long guns.
   • Trigger locks or cable locks as a secondary measure.

2. Children in the home. Firearms should be stored where children cannot access them, separate from ammunition where possible, and accompanied by age-appropriate firearm-safety education (Eddie Eagle, hunter education).

3. Visiting children or guests. A firearm stored "safely from your household" may not be safely stored from a visiting child. Reassess when guests are present.

4. Theft risk. Burglaries are the most common source of "trafficked" firearms. A heavy gun safe in a non-obvious location significantly reduces theft risk.

5. Fire risk. Fireproof gun safes protect against both theft and fire damage.

Civil Liability

A firearm owner whose unsecured firearm is used by another person to cause injury may face civil liability under general negligence principles. The standard is foreseeability and reasonable care. Key factors:

• Was the unauthorized user a foreseeable risk (e.g., a known troubled household member)?
• Was the storage method reasonable given the risk?
• Were warning signs (suicidal ideation, violent threats) ignored?

Insurance coverage for firearm-related civil claims varies. Some homeowner's policies exclude firearm-related liability; specialized firearms-liability policies are available.

Statutory References

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This is general information about ND firearms storage rules and best practices, not legal advice. Storage choices should be tailored to the owner's circumstances and reviewed with counsel where liability concerns arise.