Restrictions | North Dakota Concealed Carry

North Dakota Weapon Restrictions and Prohibited Persons

North Dakota's restrictions on firearms possession, weapon types, and other dangerous-weapon rules are primarily codified in N.D.C.C. Title 62.1 (Weapons). This section addresses who may not possess firearms (prohibited persons), what weapons are restricted, and what conduct is prohibited. Restrictions on where firearms may be carried appear in the Prohibited Places section.

Prohibited Persons (N.D.C.C. 62.1-02-01)

A person is prohibited from possessing a firearm or dangerous weapon in North Dakota if any of the following apply:

• Felony conviction. A person convicted of any felony, including federal felonies, is prohibited unless rights have been restored.
• Misdemeanor crime of domestic violence (MCDV). A person convicted of a misdemeanor crime of domestic violence under federal law (18 U.S.C. 922(g)(9)) or a qualifying ND misdemeanor (often disorderly-conduct convictions on domestic-violence facts) is prohibited.
• Misdemeanor conviction involving violence with a weapon.
• Unlawful drug user or addict. A person who is an unlawful user of, or addicted to, a controlled substance under federal or state law.
• Mental health adjudication. A person who has been adjudicated as mentally defective or who has been committed to a mental institution.
• Dishonorable discharge from the U.S. Armed Forces.
• Renunciation of U.S. citizenship.
• Unlawful presence in the United States or admission on a non-immigrant visa (with limited exceptions under 18 U.S.C. 922(y)).
• Domestic-violence protection order that meets the requirements of 18 U.S.C. 922(g)(8).
• Fugitive from justice.
• Court-ordered firearm rights removal under state law.

This list mirrors and incorporates the federal prohibited-person categories in 18 U.S.C. 922(g). North Dakota's restoration mechanisms (if any) work in parallel with federal restoration paths, but federal law and federal prosecution remain in play even if state rights are restored.

Restoration of Rights

A person who has lost firearms rights may seek restoration through:

• Federal pathways: A presidential pardon for a federal felony, ATF relief program (currently unfunded for most applicants), or specific statutory remedies (e.g., for certain misdemeanor convictions).
• State pathways: A North Dakota gubernatorial pardon for a state offense, or a court order restoring civil rights including firearm rights. Restoration of civil rights generally does not automatically include firearm rights without specific language addressing them.
• Mental health adjudication relief: N.D. statutes provide procedures to petition for relief from a mental health adjudication, particularly relevant for the NICS Improvement Amendments Act (NIAA) certification.

Restoration of state rights does not automatically restore federal rights, and federal prosecution remains a risk even after state restoration.

Restrictions by Weapon Type

Handguns and long guns: Generally unrestricted for lawful adult possessors. State law does not impose a magazine-capacity limit or "assault weapon" classification. Federal restrictions on full-auto, short-barreled rifles, short-barreled shotguns, suppressors, destructive devices, and other NFA items apply (see NFA Items section).

Switchblade and similar knives: Historically restricted. ND repealed its switchblade prohibition in 2017 (HB 1269). Pocket and folding knives are not restricted by state law. Concealed carry of knives may still be restricted in specific locations.

Stun guns and electronic defensive weapons: Exempt from the "dangerous weapon" definition for purposes of carry requirements. A stun gun may be carried without a CWL.

Defense sprays (pepper spray, OC, CS): Exempt from the "dangerous weapon" definition. No license required.

Tasers:

• A single-application taser (one voltage discharge) is not considered a dangerous weapon - no license required.
• A multi-application taser (multiple discharges) is considered a dangerous weapon and requires a ND CWL to carry concealed.

Body armor: Not generally restricted for civilian possession. Federal restrictions apply to violent felons under 18 U.S.C. 931.

Brass knuckles and metal knuckles: ND has historically had restrictions on certain "dangerous weapons" categories. Confirm current status with counsel for specific items.

Restrictions on Possession by Minors

• Persons under 18 generally cannot possess handguns under federal law (18 U.S.C. 922(x)) with narrow exceptions (lawful hunting, target shooting, employment, ranch/farm work, defense of self or others in the home).
• Persons under 21 cannot purchase a handgun from a federally licensed dealer (FFL) under 18 U.S.C. 922(b)(1).
• Possession of a long gun by a minor is permitted under federal law with parental consent or for traditional sporting activities; state law follows the federal framework.
• North Dakota's permitless concealed carry is available at age 18 for residents meeting the one-year ND DL/ID requirement. The Class 2 CWL is also available at 18.

Restrictions by Conduct

• Carrying concealed without authority under N.D.C.C. 62.1-04-01 is prohibited unless the person qualifies under permitless carry, holds a CWL, or holds a recognized out-of-state permit.
• Discharging a firearm recklessly or in a manner endangering others is criminal under various ND statutes.
• Carrying under the influence is restricted (see Under Influence section).
• Brandishing or aiming a firearm at another person without justification is a criminal offense and is also use of deadly force for justification purposes.
• Possession by a prohibited person is a criminal offense under both state and federal law.

NFA Items

National Firearms Act items (machine guns, short-barreled rifles and shotguns, suppressors, destructive devices, AOW) are not banned by ND statute. Possession requires:

• ATF Form 4 transfer for transferable items.
• $200 federal tax stamp (or $5 for AOW).
• Compliance with 26 U.S.C. 5841 and related provisions.

See the NFA Items section for full detail.

Magazine Capacity

North Dakota has no state-imposed magazine capacity limit. Standard-capacity magazines for handguns, rifles, and shotguns are lawful.

Assault Weapon Status

North Dakota has no state "assault weapon" ban. AR-15s, AK-pattern rifles, and similar semi-automatic firearms are lawful subject to federal law.

Preemption

Under N.D.C.C. 62.1-01-03, state law preempts local political subdivisions from regulating firearms, ammunition, and related items more strictly than state law (see Preemption section). This means a city, county, or township cannot impose additional restrictions beyond state law except in the narrow categories where ND statute authorizes them (e.g., posting publicly owned buildings).

Restrictions Specific to Constitutional Carry

A North Dakota resident carrying under permitless authority under N.D.C.C. 62.1-04-01(2) is subject to additional conditions beyond those applicable to a CWL holder:

• Must be a resident for at least one year (ND DL/ID).
• Must be 18 or older.
• Must not be a prohibited person.
• Must carry ND DL/ID at all times.
• Must proactively inform law enforcement during in-person contact.
• Cannot carry concealed in liquor establishments even if not consuming alcohol (a privilege reserved to CWL holders).
• Cannot rely on permitless carry outside North Dakota.

Federal Restrictions Always Apply

Even where ND state law permits an activity, federal restrictions remain. The most common federal overlays:

• 18 U.S.C. 922(g) - prohibited persons.
• 18 U.S.C. 922(b)(1) - handgun purchase age 21.
• 18 U.S.C. 922(x) - juvenile handgun possession.
• 18 U.S.C. 924(c) - mandatory minimums for firearm use in crime.
• 18 U.S.C. 926A - FOPA interstate transportation.
• 18 U.S.C. 930 - federal facility restrictions.
• 18 U.S.C. 931 - body armor restrictions for violent felons.
• 26 U.S.C. 5841 et seq. - NFA.
• 27 C.F.R. 478, 479 - ATF regulations.

Statutory References

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This is general information about North Dakota's restrictions, not legal advice. Specific applications turn on facts and current law.