62.1-04 Concealed Weapons - North Dakota Statutes

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CHAPTER 62.1-04CONCEALED WEAPONS62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if itis carried in such a manner as to not be discernible by the ordinary observation of a passerby.
There is no requirement that there be absolute invisibility of the firearm or dangerous weapon,
merely that it not be ordinarily discernible.A firearm or dangerous weapon is consideredconcealed 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. A firearm or
dangerous weapon is not considered concealed if it is:1.Carried in a belt holster which is wholly or substantially visible or carried in a case
designed for carrying a firearm or dangerous weapon and which is wholly or
substantially visible;2.Locked in a closed trunk or luggage compartment of a motor vehicle;3.Carried in the field while lawfully engaged in hunting, trapping, or target shooting,
whether visible or not; or4.Carried by any person permitted by law to possess a handgun unloaded and in a
secure wrapper from the place of purchase to that person's home or place of
business, or to a place of repair, or back from those locations.5.A bow and arrow, an unloaded rifle or shotgun, or an unloaded weapon that will
expel, or is readily capable of expelling, a projectile by the action of a spring,
compressed air, or compressed gas including any such weapon commonly referred
to as a BB gun, air rifle, or CO2gun, while carried in a motor vehicle.62.1-04-02. Carrying concealed firearms or dangerous weapons prohibited.Noperson, other than a law enforcement officer, may carry any firearm or dangerous weapon
concealed unless the person is licensed to do so or exempted pursuant to this chapter. For
purposes of this chapter, dangerous weapon does not mean a spray or aerosol containing CS
(ortho-chlorobenzamalonitrile), CN (alpha-chloroacetophenone), or other irritating agent intended
for use in the defense of a person.62.1-04-03.(Effective through June 30, 2011) License to carry a firearm ordangerous weapon concealed.1.The director of the bureau of criminal investigation shall issue a license to carry a
firearm or dangerous weapon concealed upon review of an application submitted to
the director by a resident or nonresident citizen of the United States if the following
criteria are met:a.The applicant is at least twenty-one years of age for a class 1 license or at least
eighteen years of age for a class 2 license.b.The applicant has a valid reason for carrying the firearm or dangerous weapon
concealed, including self-protection, protection of others, or work-related needs.c.The applicant is not a person specified in section 62.1-02-01.d.The applicant has the written approval for the issuance of a license from the
sheriff of the applicant's county of residence, and, if the city has one, the chief
of police or a designee of the city in which the applicant resides. The approval
by the sheriff may not be given until the applicant has successfully completed a
background investigation in that county and has successfully completed the
testing procedure conducted by a certified firearm or dangerous weaponPage No. 1instructor. The person conducting the testing may assess a charge of up to fifty
dollars for conducting this testing. The attorney general may certify a firearm or
dangerous weapon instructor based upon criteria and guidelines prescribed by
the director of the bureau of criminal investigation.e.The applicant satisfactorily completes the bureau of criminal investigation
application form and has successfully passed a background investigation or
criminal records check conducted by that agency.To pass a backgroundinvestigation, an applicant shall provide all documentation relating to any
court-ordered treatment or commitment for mental health or alcohol or
substance abuse or incidents of domestic violence. The applicant shall provide
the director of the bureau of criminal investigation written authorizations for
disclosure of the applicant's mental health and alcohol or substance abuse
evaluation and treatment records.f.The applicant is not prohibited under federal law from owning, possessing, or
having a firearm under that person's control.2.The attorney general shall offer class 1 and class 2 licenses to carry a firearm or
dangerous weapon concealed pursuant to the following requirements:a.An applicant for a class 1 license shall successfully participate in a classroom
instruction that sets forth weapon safety rules and the deadly force law of North
Dakota, complete an open book test based upon a manual, demonstrate
familiarity with a firearm or dangerous weapon, and complete an actual
shooting or certified proficiency exercise. Evidence of familiarity with a firearm
or dangerous weapon to be concealed may be satisfied by one of the following:(1)Certification of familiarity with a firearm or dangerous weapon by an
individual who has been certified by the attorney general, which may
include a law enforcement officer, military or civilian firearms instructor,
hunter safety instructor, or dangerous weapon instructor;(2)Evidence of equivalent experience with a firearm or dangerous weapon
through participation inanorganizedshootingcompetition,lawenforcement, military service, or dangerous weapon course of training;(3)Possession of a license from another state to carry a firearm or
dangerous weapon, concealed or otherwise, which is granted by that
state upon completion of a course described in paragraphs 1 and 2; or(4)Evidence that the applicant, during military service, was found to be
qualified to operate a firearm or dangerous weapon.b.An applicant for a class 2 license is required to successfully complete the open
book test offered for the class 1 license.c.Licenses issued before August 1, 2009, regardless of the age of the
licenseholder, convert to a class 2 license upon renewal and no additional
testing is required.No additional testing is required to renew a class 2concealed weapons license.A class 1 license may be renewed uponsuccessful completion of the class 1 requirements within one year before
submission of the application for renewal. A license issued under this section
before August 1, 2009, and a class 2 license may be upgraded to a class 1
license upon successful completion of the class 1 requirements and satisfaction
of the age requirement.3.The sheriff is required to process the application within thirty days after the
completion of the testing portion unless the application is for renewal of a licensePage No. 2and in such case the application must be processed within thirty days after its receipt
by the sheriff, the chief of police is required to process the application within ten
working days of receipt by the agency, and the bureau of criminal investigation is
required to process the application and make a determination within thirty days of
receipt from the forwarding agency.4.The license fee for a concealed weapons license is forty-five dollars, which must be
credited to the attorney general's operating fund.The license fee must be paidbefore the license is issued by the director of the bureau of criminal investigation.5.The director of the bureau of criminal investigation shall prescribe the form of the
application and license, which must include the name, address, description, a
photograph, and the signature of the individual. The application form must require
sufficient information to properly conduct a background investigation and be
accompanied by two sets of classifiable fingerprints. The two sets of classifiable
fingerprints are not required for a renewal of a concealed weapons license. The
license is valid for three years. The license must be prepared in triplicate, and the
original must be delivered to the licensee, the duplicate must be sent by mail, within
seven days after issuance, to the sheriff of the county in which the applicant resides,
and the triplicate must be preserved for six years by the director. In those cases in
which the licensee resides in a city, an additional copy of the license must be made
and sent by mail, within seven days after issuance, to the chief of police of the city in
which the applicant resides. The individual shall notify the director of the bureau of
criminal investigation of any change of address or any other material fact which
would affect the restrictions on or the need for the license.6.The director of the bureau of criminal investigation may deny an application or
revoke or cancel a license after it has been granted for any material misstatement by
an applicant in an application for the license or any violation of this title.7.The applicant may appeal a denial or revocation of this license to the district court of
Burleigh County.8.Information collected from an applicant under this section is confidential information.
However, the information may be disclosed:a.To a governmental agency or court for a law enforcement purpose, including
the investigation, prosecution, or punishment of a violation of law.b.To a court to aid in a decision concerning sentence, probation, or release
pending trial or appeal.c.Pursuant to a court order or a judicial, legislative, or administrative agency
subpoena issued in this state.9.The attorney general may adopt any rules necessary to carry out this title.(Effective after June 30, 2011) License to carry a firearm or dangerous weaponconcealed.1.The director of the bureau of criminal investigation shall issue a license to carry a
firearm or dangerous weapon concealed upon review of an application submitted to
the director by a resident or nonresident citizen of the United States if the following
criteria are met:a.The applicant is at least twenty-one years of age for a class 1 license or at least
eighteen years of age for a class 2 license.Page No. 3b.The applicant has a valid reason for carrying the firearm or dangerous weapon
concealed, including self-protection, protection of others, or work-related needs.c.The applicant is not a person specified in section 62.1-02-01.d.The applicant has the written approval for the issuance of a license from the
sheriff of the applicant's county of residence, and, if the city has one, the chief
of police or a designee of the city in which the applicant resides. The approval
by the sheriff may not be given until the applicant has successfully completed a
background investigation in that county and has successfully completed the
testing procedure conducted by a certified firearm or dangerous weapon
instructor. The person conducting the testing may assess a charge of up to fifty
dollars for conducting this testing. The attorney general may certify a firearm or
dangerous weapon instructor based upon criteria and guidelines prescribed by
the director of the bureau of criminal investigation.e.The applicant satisfactorily completes the bureau of criminal investigation
application form and has successfully passed a background investigation or
criminal records check conducted by that agency.To pass a backgroundinvestigation, an applicant shall provide all documentation relating to any
court-ordered treatment or commitment for mental health or alcohol or
substance abuse or incidents of domestic violence. The applicant shall provide
the director of the bureau of criminal investigation written authorizations for
disclosure of the applicant's mental health and alcohol or substance abuse
evaluation and treatment records.f.The applicant is not prohibited under federal law from owning, possessing, or
having a firearm under that person's control.2.The attorney general shall offer class 1 and class 2 licenses to carry a firearm or
dangerous weapon concealed pursuant to the following requirements:a.An applicant for a class 1 license shall successfully participate in a classroom
instruction that sets forth weapon safety rules and the deadly force law of North
Dakota, complete an open book test based upon a manual, demonstrate
familiarity with a firearm or dangerous weapon, and complete an actual
shooting or certified proficiency exercise. Evidence of familiarity with a firearm
or dangerous weapon to be concealed may be satisfied by one of the following:(1)Certification of familiarity with a firearm or dangerous weapon by an
individual who has been certified by the attorney general, which may
include a law enforcement officer, military or civilian firearms instructor,
hunter safety instructor, or dangerous weapon instructor;(2)Evidence of equivalent experience with a firearm or dangerous weapon
throughparticipationinanorganizedshooting competition, lawenforcement, military service, or dangerous weapon course of training;(3)Possession of a license from another state to carry a firearm or
dangerous weapon, concealed or otherwise, which is granted by that
state upon completion of a course described in paragraphs 1 and 2; or(4)Evidence that the applicant, during military service, was found to be
qualified to operate a firearm or dangerous weapon.b.An applicant for a class 2 license is required to successfully complete the open
book test offered for the class 1 license.Page No. 4c.Licenses issued before August 1, 2009, regardless of the age of the
licenseholder, convert to a class 2 license upon renewal and no additional
testing is required.No additional testing is required to renew a class 2concealed weapons license.A class 1 license may be renewed uponsuccessful completion of the class 1 requirements within one year before
submission of the application for renewal. A license issued under this section
before August 1, 2009, and a class 2 license may be upgraded to a class 1
license upon successful completion of the class 1 requirements and satisfaction
of the age requirement.3.The sheriff is required to process the application within thirty days after the
completion of the testing portion unless the application is for renewal of a license
and in such case the application must be processed within thirty days after its receipt
by the sheriff, the chief of police is required to process the application within ten
working days of receipt by the agency, and the bureau of criminal investigation is
required to process the application and make a determination within thirty days of
receipt from the forwarding agency.4.The license fee for a concealed weapons license is forty-five dollars, which must be
credited to the attorney general's operating fund.The license fee must be paidbefore the license is issued by the director of the bureau of criminal investigation.5.The director of the bureau of criminal investigation shall prescribe the form of the
application and license, which must include the name, address, description, a
photograph, and the signature of the individual. The application form must require
sufficient information to properly conduct a background investigation and be
accompanied by two sets of classifiable fingerprints. The two sets of classifiable
fingerprints are not required for a renewal of a concealed weapons license. The
license is valid for five years. The license must be prepared in triplicate, and the
original must be delivered to the licensee, the duplicate must be sent by mail, within
seven days after issuance, to the sheriff of the county in which the applicant resides,
and the triplicate must be preserved for six years by the director. In those cases in
which the licensee resides in a city, an additional copy of the license must be made
and sent by mail, within seven days after issuance, to the chief of police of the city in
which the applicant resides. The individual shall notify the director of the bureau of
criminal investigation of any change of address or any other material fact which
would affect the restrictions on or the need for the license.6.The director of the bureau of criminal investigation may deny an application or
revoke or cancel a license after it has been granted for any material misstatement by
an applicant in an application for the license or any violation of this title.7.The applicant may appeal a denial or revocation of this license to the district court of
Burleigh County.8.Information collected from an applicant under this section is confidential information.
However, the information may be disclosed:a.To a governmental agency or court for a law enforcement purpose, including
the investigation, prosecution, or punishment of a violation of law.b.To a court to aid in a decision concerning sentence, probation, or release
pending trial or appeal.c.Pursuant to a court order or a judicial, legislative, or administrative agency
subpoena issued in this state.9.The attorney general may adopt any rules necessary to carry out this title.Page No. 562.1-04-03.1. Reciprocity. A person who has a valid license issued by another state tocarry a concealed firearm or dangerous weapon in that state and whose state grants to residents
of this state the right to carry a concealed firearm or dangerous weapon without requiring a
separate license to carry a concealed firearm or dangerous weapon issued by that state may
carry, subject to the provisions of this state's law, a concealed firearm or dangerous weapon in
this state, and the other state's license is valid in this state.62.1-04-04. Producing license on demand. Every person while carrying a concealedfirearm or dangerous weapon, for which a license to carry concealed is required, shall have on
one's person the license issued by this or another state and shall give it to any law enforcement
officer for an inspection upon demand by the officer. The failure of any person to give the license
to the officer is prima facie evidence that the person is illegally carrying a firearm or dangerous
weapon concealed.62.1-04-05.Penalty.Any person who violates this chapter is guilty of a class Amisdemeanor.Page No. 6Document Outlinechapter 62.1-04 concealed weapons