62.1-02 Possession of Weapons - North Dakota Statutes

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CHAPTER 62.1-02POSSESSION OF WEAPONS62.1-02-01. Persons who are not to possess firearms - Penalty.1.a.A person who has been convicted anywhere of a felony offense involving
violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an
equivalent felony offense of another state or the federal government is
prohibited from owning a firearm or having one in possession or under control
from the date of conviction and continuing for a period of ten years after the
date of conviction or the date of release from incarceration, parole, or
probation, whichever is latest.b.A person who has been convicted anywhere of a felony offense of this or
another state or the federal government not provided for in subdivision a or who
has been convicted of a class A misdemeanor offense involving violence or
intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent
offense of another state or the federal government and the offense was
committed while using or possessing a firearm, a dangerous weapon, or, as
defined in subsections 7 and 8 of section 12.1-01-04, a destructive device or an
explosive, is prohibited from owning a firearm or having one in possession or
under control from the date of conviction and continuing for a period of five
years after the date of conviction or the date of release from incarceration,
parole, or probation, whichever is latest.c.A person who is or has ever been diagnosed and confined or committed to a
hospital or other institution in this state or elsewhere by a court of competent
jurisdiction, other than a person who has had the petition that provided the
basis for the diagnosis, confinement, or commitment dismissed under section
25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another
jurisdiction, as a mentally ill person as defined in section 25-03.1-02, or as a
mentally deficient person as defined in section 25-01-01, is prohibited from
purchasing a firearm or having one in possession or under control.Thislimitation does not apply to a person who has not suffered from the disability for
the previous three years.d.A person under the age of eighteen years may not possess a handgun except
that such a person, while under the direct supervision of an adult, may possess
a handgun for the purposes of firearm safety training, target shooting, or
hunting.A person who violates subdivision a or b is guilty of a class C felony, and a person
who violates subdivision c or d is guilty of a class A misdemeanor.2.For the purposes of this section, "conviction" means a determination that the person
committed one of the above-mentioned crimes upon a verdict of guilt, a plea of
guilty, or a plea of nolo contendere even though:a.The court suspended execution of sentence in accordance with subsection 3 of
section 12.1-32-02;b.The court deferred imposition of sentence in accordance with subsection 4 of
section 12.1-32-02;c.The court placed the person on probation;d.The person's conviction has been reduced in accordance with subsection 9 of
section 12.1-32-02 or section 12.1-32-07.1;Page No. 1e.Sentencedispositions,sentencereductions,oroffensedeterminationsequivalent to this section were imposed or granted by a court, board, agency,
or law of another state or the federal government; orf.The person committed an offense equivalent to an offense described in
subdivision a or b of subsection 1 when that person was subject to juvenile
adjudication or proceedings and a determination of a court under chapter 27-20
or of a court of another state or the federal government was made that the
person committed the delinquent act or offense.62.1-02-02. Sale of handgun regulated - Penalty. No person may transfer a handgunto any person who the transferor knows or has reasonable cause to believe is a person
prohibited by section 62.1-02-01 from possessing a firearm. Any person who violates this section
is guilty of a class A misdemeanor.62.1-02-03.Possession or sale of short-barreled rifle or shotgun - Penalty -Application. A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a
short-barreled shotgun is guilty of a class C felony.This section does not apply to a lawenforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a
short-barreled shotgun in the course of or in connection with the officer's official duties, to a
member of the armed forces of the United States or national guard, organized reserves, state
defense forces, or state guard organizations who possesses or uses a short-barreled rifle or
short-barreled shotgun issued to the member by that organization and while on official duty, or to
any person who complies with the National Firearms Act [26 U.S.C. 5801-5872].62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment orgaming site prohibited - Penalty - Exceptions. Any person who enters or remains in that part
of the establishment that is set aside for the retail sale in an establishment engaged in the retail
sale of alcoholic beverages or used as a gaming site while in the possession of a firearm or
dangerous weapon is guilty of a class A misdemeanor. This section does not apply to:1.A law enforcement officer.2.The proprietor.3.The proprietor's employee.4.A designee of the proprietor when the designee is displaying an unloaded firearm or
dangerous weapon as a prize or sale item in a raffle or auction.5.Private security personnel while on duty for the purpose of delivering or receiving
moneys used at the liquor establishment or gaming site.62.1-02-05. Possession of a firearm at a public gathering - Penalty - Application.1.A person who possesses a firearm at a public gathering is guilty of a class B
misdemeanor. For the purpose of this section, "public gathering" includes athletic or
sporting events, schools or school functions, churches or church functions, political
rallies or functions, musical concerts, and individuals in publicly owned parks where
hunting is not allowed by proclamation and publicly owned or operated buildings.
The term "public gathering" does not apply to a state or federal park.2.This section does not apply to law enforcement officers; members of the armed
forces of the United States or national guard, organized reserves, state defense
forces, or state guard organizations, when on duty; competitors participating in
organized sport shooting events; gun and antique shows; participants using blank
cartridge firearms at sporting or theatrical events; any firearms carried in a
temporary residence or motor vehicle; students and instructors at hunter safety
classes; or private security personnel while on duty. In addition, a municipal courtPage No. 2judge licensed to practice law in this state, a district court judge, a staff member of
the office of attorney general, and a retired North Dakota law enforcement officer are
exempt from the prohibition and penalty in subsection 1 if the individual maintains
the same level of firearms proficiency as is required by the peace officer standards
and training board for law enforcement officers. A local law enforcement agency
shall issue a certificate of compliance under this section to an individual who is
proficient.3.This section does not prevent any political subdivision from enacting an ordinance
which is less restrictive than this section relating to the possession of firearms at a
public gathering. Such an ordinance supersedes this section within the jurisdiction
of the political subdivision.62.1-02-06. Discharge of firearm within city - Penalty - Application. A person whodischarges a firearm within a city is guilty of a class B misdemeanor. This section does not apply
to the lawful discharge of firearms by law enforcement officers, by citizens in defense of person
or property, or by participants in lawful activities in which discharge of firearms is a recognized
part of the activity, including shooting galleries and ranges.62.1-02-07.Use of firearm by certain minors prohibited - Penalty.Any parent,guardian, or other person having charge or custody of any minor under fifteen years of age who
permits that minor to carry or use in public any firearm of any description loaded with powder and
projectile, except when the minor is under the direct supervision of the parent, guardian, or other
person authorized by the parent or guardian, is guilty of a class B misdemeanor.62.1-02-08. Illegal firearms, ammunition, or explosive materials business.1.A person is guilty of an offense if the person supplies a firearm, ammunition, or
explosive material to, or procures or receives a firearm, ammunition, or explosive
material for, a person prohibited by this title from receiving it if the transferor knows
or has reasonable cause to believe that such person is prohibited by section
62.1-02-01 from receiving or possessing it.2.The offense is a class C felony if the actor:a.Was not licensed or otherwise authorized by law to handle, transfer, or engage
in transactions with respect to the firearm, destructive device, or explosive
material; orb.Engaged in the forbidden transaction under circumstances manifesting the
actor's readiness to supply or procure on other occasions in disregard of lawful
restrictions.Otherwise the offense is a class A misdemeanor.62.1-02-09. Possession of explosive and destructive device in government building- Penalty. A person, except for a law enforcement officer while on official business, is guilty of a
class C felony if the person possesses an explosive or destructive device in a government
building without the written consent of the government agency or person responsible for the
management of the building.62.1-02-10. Carrying loaded firearm in vehicle - Penalty - Exceptions. No personmay keep or carry a loaded firearm in or on any motor vehicle in this state. Any person violating
this section is guilty of a class B misdemeanor. This prohibition does not apply to:1.A member of the armed forces of the United States or national guard, organized
reserves, state defense forces, or state guard organizations while possessing the
firearm issued to the member by the organization and while on official duty.Page No. 32.A law enforcement officer, except while the officer is engaged in hunting or trapping
activities with a rifle or shotgun.3.Any person possessing a valid North Dakota concealed weapons license or a valid
license issued by another state authorizing the person to carry a dangerous weapon
concealed if that state permits a holder of a valid North Dakota concealed weapons
license to carry a dangerous weapon concealed in that state without obtaining a
similar license from that state, except while that person is in the field engaged in
hunting or trapping activities.4.Any person in the field engaged in lawful hunting or trapping of nongame species or
fur-bearing animals.5.A security guard or private investigator licensed to carry firearms by the attorney
general.6.Any person possessing a valid special permit issued pursuant to section 20.1-02-05.62.1-02-11. Possessing explosive prohibited - Exception - Penalty. No person mayhave in custody, possession, or control any nitroglycerin, dynamite, or any other dangerous or
violent explosive, unless the explosive is carried in the prosecution of or to effect a lawful and
legitimate purpose. Any person violating this section is guilty of a class C felony.62.1-02-12.Resident may purchase rifle or shotgun in contiguous state -Application - Definitions. Repealed by S.L. 2005, ch. 598,