Omar Bennett
North Dakota's gun laws have been a topic of interest, especially with the enactment of House Bill 1339, which reflects a broader national trend toward less restrictive gun policies. In 2017, North Dakota adopted permitless carry legislation, allowing people to carry concealed firearms in most public spaces without a permit. This has raised concerns about public safety and potential negative consequences, such as increased gun-related incidents. However, supporters argue that it promotes individual freedom and the right to bear arms. North Dakota's gun laws also include constitutional carry, which allows residents to carry concealed firearms within the state's boundaries. Non-residents can now also carry concealed firearms without a permit, provided they have a valid license from their state of residence.
| Characteristics | Values |
|---|---|
| Concealed carry laws | Permitless carry for residents and non-residents. |
| Definition of "concealed" | A firearm is considered "concealed" if it is not secured, and is worn under clothing or carried in a bundle that is held or carried by the individual, or transported in a vehicle under the individual’s control or direction and available to the individual, including beneath the seat or in a glove compartment. |
| Requirements for permitless carry | Must be at least 18 years of age, must be a resident of North Dakota for 1 year (residency requirement removed in 2023), must carry a driver's license or state ID, and must inform law enforcement about the firearm upon any in-person contact. |
| Limitations | Concealed carry is not allowed in bars, schools, churches, sporting events, or public buildings. |
| Reciprocity | North Dakota has signed formal reciprocity agreements with other states. |
| Background checks | No background checks are required to buy a handgun from a private individual. All states with constitutional carry still require lawful citizens to undergo background checks before purchasing a firearm from a firearms dealer. |
| Open carry | Open carry of handguns is legal for residents with a Concealed Weapon License (CWL) and for non-residents with a valid resident concealed carry license from a state that North Dakota honors. Open carry of a loaded handgun requires a permit. |
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What You'll Learn
North Dakota's permitless carry legislation
In March 2017, a bill permitting constitutional carry was signed into law by North Dakota Governor Doug Burgum. The legislation, which came into effect on August 1, 2017, repealed longstanding protections that had previously required people to obtain a license, pursuant to a background check, to carry concealed loaded firearms in public.
The new law authorises any person who would otherwise be eligible for a concealed carry permit (known in North Dakota as a "firearm and dangerous weapon license") to carry concealed firearms in most public spaces without a permit. To do so, they must possess a driver's license or other ID card issued by the state Department of Transportation or by the individual's state or territory of residence.
North Dakota's law requires people carrying concealed firearms without a permit to notify any law enforcement officer who stops them that they possess a concealed firearm. They must also carry their identification card or a digital image of their ID card with them at all times when carrying concealed firearms.
Constitutional carry does not allow felons or other prohibited persons to own or carry a firearm. Under federal and/or state law, all states with constitutional carry still require lawful citizens to undergo background checks before purchasing a firearm from a firearms dealer.
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Concealed carry and restrictions
North Dakota is a "shall-issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) issues a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check. The permit is valid for five years.
In 2017, North Dakota enacted "permitless carry" legislation, allowing any person who would be eligible for a concealed carry permit (also known as a "firearm and dangerous weapon license") to carry concealed firearms in most public spaces without a permit. This legislation repealed longstanding protections that previously required people to obtain a license, pursuant to a background check, to carry concealed loaded firearms in public.
To be eligible for permitless carry, an individual must:
- Be at least 18 years old.
- Be a resident of North Dakota for at least one year, evidenced by a valid driver's license or state-issued identification card.
- Not be prohibited by state or federal law from possessing a firearm.
- Carry their driver's license or state ID at all times when carrying a concealed firearm.
- Notify law enforcement officers that they are carrying a concealed firearm during any in-person contact.
It is important to note that concealed carry is not allowed in certain places, such as schools, churches, sporting events, bars, and public buildings. Additionally, carrying a loaded firearm in a vehicle requires a concealed weapon permit.
North Dakota has also considered proposals to expand the right to carry concealed firearms in schools, colleges, bars, and public buildings. However, these proposals have faced opposition from police officers and education administrators due to concerns about an increased risk of gun violence.
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Requirements for a concealed weapon license
North Dakota has ""permitless carry" legislation, meaning that people no longer need a license to carry a concealed firearm in public. However, there are still some requirements that must be met to obtain a concealed weapon license in the state.
Firstly, individuals must be at least 18 years old to carry a concealed weapon and 21 years old to purchase a handgun. They must also be a resident of North Dakota for at least 30 days to a year and have a valid North Dakota driver's license or state-issued identification card. Non-residents with a valid concealed carry permit from their state of residence can also carry a concealed weapon in North Dakota if their state has reciprocity with North Dakota.
Secondly, individuals must not be prohibited by state or federal law from possessing a firearm. This includes passing a criminal records check conducted by the Bureau of Criminal Investigation and the FBI, as well as providing documentation related to any court-ordered treatment or incidents of domestic violence.
Thirdly, individuals must demonstrate familiarity with a firearm or dangerous weapon. This can be done through certification by a certified instructor, participation in an organized shooting competition, a dangerous weapon course of training, possession of a license from another state, or evidence of weapons experience during military service. They must also complete an actual shooting or certified proficiency exercise.
Finally, individuals must participate in classroom instruction that covers weapon safety rules and the deadly force law of North Dakota. They must also complete the testing procedure conducted by a certified test administrator, although active licensed ND law enforcement officers are exempt from this requirement.
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The right to keep and bear arms
In 2017, North Dakota enacted "permitless carry" legislation, which allows any person who would be eligible for a concealed carry permit (also known as a "firearm and dangerous weapon license") to carry concealed firearms in most public spaces without a permit. This is provided that they possess a driver's license or other ID card issued by the state, and that they are not otherwise prohibited by state or federal law from possessing a firearm. This law also requires people carrying concealed firearms without a permit to notify law enforcement officers if they are carrying a firearm and to carry their identification card with them at all times.
North Dakota defines a "concealed" firearm as one that is not secured and is worn under clothing or carried in a bundle by the individual, or transported in a vehicle under the individual's control. The state has two types of concealed weapons licenses: Class 1 and Class 2. Both are equally valid within North Dakota, but due to additional testing requirements, Class 1 licenses have reciprocity in many more states than Class 2 licenses.
The enactment of less restrictive gun policies, such as North Dakota's "permitless carry" law, has sparked concerns about public safety and potential negative consequences, including an increase in gun-related incidents. However, supporters of these laws argue that they promote individual freedom and responsibility, and that loosening restrictions on the right to carry will not lead to a rise in crime.
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The economic benefits of permitless carry
North Dakota has \"permitless carry\" legislation, which means that individuals can carry a concealed weapon without a permit as long as they possess a driver's license or other ID card issued by the state. This legislation repeals the previous requirement to obtain a license and undergo a background check to carry a concealed firearm in public.
Permitless carry laws, also known as "constitutional carry" or "unrestricted carry", have been a topic of debate in the United States. These laws allow individuals to carry firearms in public without a permit or license, and they have several potential economic benefits:
Increased demand for firearms and related products: With permitless carry laws in place, there may be increased demand for firearms and related products, leading to growth in the firearms industry and the creation of job opportunities. Gun manufacturers and retailers may benefit economically from these laws.
Increased tourism: States with permitless carry laws may experience an increase in tourism from individuals who wish to exercise their right to carry firearms without a permit. These tourists may contribute positively to the local economy by spending money on accommodation, dining, and other tourist activities.
Reduced bureaucratic barriers: Permitless carry laws remove bureaucratic barriers, making it easier for individuals to obtain and carry firearms for self-defense purposes. This increased accessibility to firearms for law-abiding citizens may stimulate the firearms industry and related markets.
Elimination of background check and training costs: By removing the requirement for background checks and safety training, permitless carry laws can reduce costs for individuals. This may free up discretionary income that can be spent on other goods and services, stimulating economic activity in various sectors.
Alignment with the Second Amendment: Proponents of permitless carry laws argue that they align with the Second Amendment and promote an individual's right to bear arms. This alignment may garner support from gun rights advocates, influencing political and legislative decisions that could have economic implications for the firearms industry.
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Frequently asked questions
An individual must be at least 18 years of age to carry a concealed weapon in North Dakota. However, they must be 21 to purchase a handgun.
An individual must be a resident of North Dakota for at least a year, carry a form of state-issued photo ID, and inform law enforcement about their handgun upon contact. They must also not be prohibited by state or federal law from possessing a firearm.
Yes, North Dakota has constitutional carry. On March 23, 2017, a bill permitting constitutional carry was signed by Governor Doug Burgum.
