Eleanor Finch
North Dakota's gun laws and regulations are a topic of interest, especially when it comes to constitutional carry. The state's legislation allows individuals to carry a concealed firearm without a permit as long as they meet certain requirements, such as being a resident of North Dakota and possessing a valid driver's license. This is known as constitutional carry or permitless carry, where citizens who can legally possess a firearm are not prohibited by state law from carrying handguns openly or concealed. However, there are still restrictions on locations where firearms can be carried, and individuals must inform law enforcement about their firearm possession during in-person contact. North Dakota also offers different types of concealed weapons licenses, such as Class 1 and Class 2, which provide varying levels of reciprocity with other states. Understanding and complying with these laws are crucial for gun owners in North Dakota.
| Characteristics | Values |
|---|---|
| Definition | Constitutional carry means that the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, (openly and/or in a concealed manner) without a state permit. |
| North Dakota's Definition | In North Dakota, constitutional carry only allows the concealed carry of a firearm by a North Dakota resident within the boundaries of North Dakota. |
| Age Limit | Must be at least 18 years of age to carry a concealed weapon. |
| Age Limit | Must be 21 to purchase a handgun. |
| Age Limit | May possess a handgun at 18 in North Dakota provided the individual is legally able to possess a firearm under the law. |
| Residency Requirements | Must be a resident of North Dakota for 1 year as evidenced by a North Dakota driver’s license or North Dakota identification card. |
| Other Requirements | Must not be prohibited by state or federal law from possessing a firearm. |
| Other Requirements | Must carry a North Dakota driver’s license or North Dakota identification card (or a digital image of the license). |
| Other Requirements | Must inform law enforcement that they are in possession of the firearm upon any in-person contact by a law enforcement officer, including traffic stops. |
| Other Requirements | Restrictions on location (places) that a firearm may be possessed or carried by law still apply. These locations include retail sales of alcoholic beverages and the locations where the consumption of alcoholic beverages occur, as well as, public gatherings. |
| Other Requirements | Must pass a criminal records check conducted by the Bureau of Criminal Investigation and the FBI, after providing all documentation relating to any court-ordered treatment or commitment for mental health or substance abuse or incidents of domestic violence, and providing written authorization for disclosure of mental health or substance abuse evaluation and treatment records. |
| Other Requirements | Must carry a driver’s license or state ID. |
| Other Requirements | Must complete a state-certified firearms training course. |
| Other Requirements | Must be able to demonstrate that they are a resident of North Dakota by providing a copy of a valid driver’s license or state-issued identification card. |
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What You'll Learn
Concealed carry provisions
In 2017, North Dakota enacted "permitless carry" legislation, repealing the requirement for people to obtain a license to carry concealed loaded firearms in public. This legislation, known as "constitutional carry", allows any person who is eligible for a concealed carry permit to carry concealed firearms in most public spaces without a permit.
To be eligible for constitutional carry in North Dakota, an individual must be at least 18 years old, must be able to possess a firearm under state and federal law, and must carry a North Dakota driver's license or identification card. Non-residents may also qualify for constitutional carry if they possess a valid concealed carry permit from their state of residence, and their state has reciprocity with North Dakota.
Constitutional carry only applies within the boundaries of North Dakota. To carry a concealed weapon outside of the state, a license is required. North Dakota offers two types of concealed weapons licenses: Class 1 and Class 2. Both licenses cost the same and are equally valid within the state, but Class 1 licenses have reciprocity in many more states due to additional testing requirements.
When carrying a concealed firearm in North Dakota, individuals must carry their identification card or a digital image of their ID at all times, and they must inform law enforcement officers that they are in possession of a firearm upon any in-person contact.
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Eligibility requirements
In North Dakota, Constitutional Carry permits only North Dakota residents to carry a concealed firearm within the state's boundaries. This means that Constitutional Carry does not apply to non-residents, who require a concealed weapon license to carry a firearm in North Dakota.
To be eligible for Constitutional Carry in North Dakota, an individual must:
- Be at least 18 years old.
- Be 21 to purchase a handgun, but may possess one at 18 in North Dakota, provided they are legally able to possess a firearm under the law.
- Have been a resident of North Dakota for at least one year, evidenced by a valid North Dakota driver's license or identification card.
- Not be prohibited by state or federal law from possessing a firearm.
- Carry their North Dakota driver's license or identification card (or have a digital image of the license) when carrying a firearm.
- Inform law enforcement that they are in possession of a firearm upon any in-person contact by a law enforcement officer, including during traffic stops.
It is important to note that restrictions on locations where a firearm may be carried or possessed still apply. These locations include places with retail sales of alcoholic beverages and where the consumption of alcoholic beverages occurs, as well as public gatherings.
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Firearm restrictions
North Dakota's gun laws are less restrictive than those of many other states. The state has protected the rights of its citizens to possess and carry firearms. While some states require a waiting period for gun buyers before taking ownership of a gun, North Dakota does not. The state also does not require universal background checks.
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 before forwarding the application to the BCI. The permit is valid for five years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle.
There are some restrictions on where a firearm may be carried. Concealed carry is not allowed in the part of an establishment that is set aside for the retail sale and consumption of alcoholic beverages. It is allowed in the restaurant part of a liquor establishment if an individual under 21 years of age is permitted in that part of the establishment. Concealed carry is also not allowed, unless permitted by local law, at a school, church, sporting event, or public building.
Constitutional Carry allows North Dakota residents to carry concealed firearms whether they have a concealed weapons license (CWL) or not. In such circumstances, the gun owner must have a valid driver's license or other ID on their person, and they cannot otherwise be prohibited from having the firearm under state or federal law. They must also inform law enforcement that they are in possession of the firearm upon any in-person contact.
There has been some controversy over whether residents can carry a loaded firearm in their motor vehicle if they otherwise qualify for constitutional or permitless carry. State law provides an offense against the carry of loaded firearms in motor vehicles. The North Dakota Attorney General issued an opinion interpreting the law as allowing for constitutional carry within vehicles, and this was codified into state law in 2019.
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Law enforcement considerations
Law enforcement officers in North Dakota must be aware of the state's constitutional carry law, which allows eligible individuals to carry a concealed firearm without a permit. While this law provides enhanced freedom for gun owners, it also presents several considerations for officers to ensure compliance with regulations and maintain public safety.
Firstly, officers should be familiar with the eligibility requirements for constitutional carry. Individuals must be at least 18 years old and legally able to possess a firearm under state and federal law. They must also be residents of North Dakota or a state with reciprocity, and they must pass a criminal background check. Officers should be prepared to verify these criteria during any interactions with individuals carrying firearms.
Another key consideration is the requirement for individuals carrying a concealed firearm under constitutional carry to disclose this information to law enforcement upon any in-person contact. This disclosure mandate applies during traffic stops or other encounters with law enforcement officers. Officers should actively seek this information from individuals and be vigilant in identifying situations where disclosure may be necessary.
Constitutional carry does not override restrictions on locations where firearms may be carried. Officers should remain vigilant in enforcing these restrictions, which include establishments that sell or serve alcoholic beverages, public gatherings such as athletic or sporting events, schools, churches, and publicly owned or operated buildings. These locations are subject to specific regulations, and officers must ensure compliance to maintain the safety of the public.
Additionally, it is important to note that constitutional carry does not permit the carrying of loaded firearms in motor vehicles during hunting activities. This provision applies to both constitutional carry and concealed carry provisions. Officers should be aware of this distinction and enforce the relevant laws accordingly.
Lastly, officers should be mindful of the dynamic nature of gun laws in North Dakota. The state has a history of amending its gun control regulations, and federal laws and court rulings can also impact the landscape. Officers should stay informed about any changes or updates to ensure they are enforcing the most current version of the law and providing accurate guidance to the public.
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Reciprocity agreements
North Dakota is a "shall-issue" state, meaning that it allows both residents and non-residents to carry a concealed weapon with or without a CCW (carrying a concealed weapon) license. This is also known as "permitless carry" or "constitutional carry".
North Dakota issues two types of CCW licenses: Class 1 and Class 2. Both are equally valid within the state, but the additional testing requirements for a Class 1 license mean that it is accepted in many more states than a Class 2 license. To obtain a Class 1 license, an applicant must be at least 18 years old, be a resident of North Dakota or a member of the military stationed in the state, complete all training requirements, pass a criminal background check, and meet all federal requirements.
North Dakota honors concealed carry permits from every U.S. state, and non-residents may also conceal carry under the North Dakota constitutional carry law, as long as they are legally eligible to do so. Non-resident concealed carry permits are issued to those with a valid residential CCW permit from a state that North Dakota honors.
North Dakota law requires people carrying concealed firearms without a permit to carry their driver's license or state ID, and to notify law enforcement that they are in possession of the firearm upon any in-person contact.
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Frequently asked questions
Constitutional carry means that the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required.
To carry a firearm in North Dakota, you must be at least 18 years old. However, you must be 21 to purchase a handgun.
To carry a firearm in North Dakota, you must be a resident of the state for at least one year, have a valid driver's license, and not be prohibited by state or federal law from possessing a firearm.
Yes, there are restrictions on the locations where you can carry a firearm in North Dakota. These include places with retail sales of alcoholic beverages and where the consumption of alcoholic beverages occurs, as well as public gatherings.
Yes, North Dakota recognizes valid concealed carry permits from other states that have reciprocity agreements with North Dakota.
