North Dakota Gun Laws

• Constitutional Carry (Expanded to Non-Residents): North Dakota is a strong constitutional carry state. Any individual (resident or non-resident) who is 18 years of age or older, possesses a valid driver's license/ID, and is not legally prohibited from possessing a firearm may carry a concealed handgun without a permit.
• The 2025 HB 1588 Overhaul: The 2025 legislative session brought major improvements for carriers via House Bill 1588. Most notably, the state relaxed its strict "Duty to Inform" law; rather than having to immediately volunteer that you are carrying a firearm during a police stop, you now only need to disclose it if the officer asks.
• Public Building Access: Another critical update from HB 1588 shifted the default rules for public (government-owned) buildings. Previously off-limits by default, state law now allows carrying in public buildings unless the specific local jurisdiction affirmatively passes an ordinance and posts signage to ban them.

North Dakota is a "Shall Issue" state that issues the Concealed Weapon License (CWL) through the Bureau of Criminal Investigation (BCI) under the Attorney General. The state offers two classes of licenses (Class 1 and Class 2) which are highly popular for interstate reciprocity and bypassing NICS checks.

• Minimum Age: 21 years old for a Class 1 CWL; 18 years old for a Class 2 CWL.
• Training Requirements: A Class 2 license only requires an open-book written test based on state law. The premier Class 1 license requires classroom instruction on deadly force laws, a written test, and an actual live-fire shooting proficiency exercise under a certified instructor.
• Background Checks: A state (BCI) and federal (FBI NICS) fingerprint-based background check is mandatory.
• Fingerprints: Two complete fingerprint cards must be submitted for initial applications.
• Application Fees: A non-refundable fee of $60.00 (payable to the ND Attorney General). The test administrator may also charge up to $50.00 for the testing process. The license is valid for 5 years.
• Processing Times: By law, the BCI typically processes applications within 45 to 60 days of receiving a completed packet and clean background check.

North Dakota maintains a highly permissive legal framework with zero state-level restrictions on modern sporting rifles or magazine capacities.

• Magazine Capacity: No restrictions. Any capacity magazine is completely legal to possess, buy, sell, and carry.
• "Assault Weapon" Bans: None. North Dakota does not regulate or ban semi-automatic firearms based on cosmetic features or military-style appearance.
• Restricted Ammunition: The state defers to federal law regarding standard ammunition. Metal-penetrating (armor-piercing) ammunition is strictly illegal to use during the commission of a crime.
• Banned Models: No specific firearm models are banned by name. In recent years, the state explicitly aligned with federal regulations to classify auto-sears (Glock switches) and certain binary triggers as restricted machine guns.

North Dakota actively protects its citizens with robust "Stand Your Ground" and "Castle Doctrine" statutes, ensuring victims do not have to retreat from violent criminals.

• Stand Your Ground: Yes. Following the 2021 enactment of HB 1498, North Dakota became a full Stand Your Ground state. A person has no duty to retreat anywhere they are legally allowed to be before using deadly force to protect against death or serious bodily injury.
• Castle Doctrine: Yes. The law grants a legal presumption that a person reasonably feared imminent death or great bodily harm if they use deadly force against an intruder unlawfully and forcefully entering their home, place of work, or occupied motor home.
• Duty to Retreat: No. State statute explicitly removed the duty to retreat.
• Civil Immunity: Yes. North Dakota provides statutory immunity from civil lawsuits for individuals who use justified force in self-defense, preventing attackers or their surviving relatives from successfully suing for damages.

Transportation laws in North Dakota differentiate clearly between handguns and long guns due to strict wildlife management laws.

• Handguns: Any law-abiding adult 18 or older with a valid ID may transport a loaded, concealed handgun anywhere inside the passenger compartment of a vehicle without a permit.
• Long Guns: Must be transported unloaded in the chamber. North Dakota hunting and wildlife laws strictly prohibit transporting a rifle or shotgun with a cartridge in the chamber while in or on a motor-driven vehicle.
• Federal Gun-Free School Zone Act: Constitutional carry does not satisfy the federal GFSZA exemption. To legally drive within 1,000 feet of a K-12 school in North Dakota without violating federal law, you must possess a state-issued CWL.

North Dakota defers entirely to federal law for commercial firearm transactions and places no mandates or background checks on private sales.

• Dealer Sales: All purchases through a Federal Firearms Licensee (FFL) require a standard NICS background check.
• Private Sales: No background check, paperwork, or government registration is required for private, face-to-face firearm transfers between two North Dakota residents.
• Waiting Periods: There are no mandatory waiting periods for purchasing any type of firearm in North Dakota.
• CCW Bypass: A valid North Dakota Class 1 CWL qualifies as an exemption to the NICS background check at a dealer, allowing for the immediate transfer of the firearm. (Class 2 does not bypass NICS).

North Dakota does not have an Extreme Risk Protection Order (Red Flag) law. There is no civil legal mechanism in the state that allows law enforcement, family members, or doctors to petition a judge for the temporary, preemptive confiscation of an individual's firearms without full criminal due process.

Because North Dakota operates under constitutional carry, eligible adults (18+) face no criminal penalties for carrying a concealed weapon without a permit. However, if you are carrying permitless and fail to carry your state ID card or driver's license with you, it is a noncriminal offense punishable by a $20 fee.

Carrying a firearm into a statutorily prohibited zone (like a bar, school, or bingo hall) is generally prosecuted as a Class B Misdemeanor, punishable by up to 30 days in jail and a $1,500 fine. If a "prohibited person" (such as a convicted felon or someone with a domestic violence conviction) is caught in possession of a firearm, it is a Class C Felony carrying up to 5 years in state prison.