North Dakota is a constitutional carry state with permission to possess firearms if you meet the requirements provided.
However, the state has location restrictions for the use of firearms in some areas.
To open carry in North Dakota, you must learn about the state gun statutes.
North Dakota Gun Laws Summary
North Dakota issues concealed weapon licenses for the possession of firearms in the state.
The state attorney general is in charge of all permit applications in the state, and it has a shall-issue policy.
North Dakota issues both class one and class two licenses. If you have any of this, you will not have to undergo a criminal record background check before purchasing a firearm in the state.
The age requirement to apply for a class one permit is twenty-one years old, while a class two permit is nineteen years old.
- Recommended Reading: North Dakota Gun Laws
Is Open Carry Legal In North Dakota?
Yes. You can open carry in North Dakota if you are eighteen years old or more, and you do not have any state restriction to possess a firearm.
Open Carry Laws In North Dakota?
North Dakota is a licensed open carry state, and you need a permit to open carry within its jurisdiction.
However, you can open carry one hour before sunrise and one hour after sunset without a permit.
The state prohibits machine guns and semi-automatic firearms, as well as devices like silencers.
It is a felony act to possess, buy, or sell any of these in the state.
North Dakota Open Gun Laws Quick View
|State permit for open carry.||Yes||Yes||You must obtain a North Dakota concealed weapon license before you open carry in the state.|
|Firearm registrations for open carry.||No||No||There is no state requirement for registration of firearms meant to be openly carried.|
|Assault weapon for open carry.||No||No||North Dakota prohibits the use of assault weapons such as machine guns and semi-automatic firearms.|
|Magazine limit||No||No||There is no limit for the number of rounds in a magazine.|
|License for the owner of a firearm.||Not required||Not required||North Dakota does not issue any other license apart from that concealed weapon license.|
|Red flag law||No||No||North Dakota gun statutes do not have red flag laws.|
|Castle doctrine law||Yes||Yes||North Dakota has a castle doctrine policy with no duty to retreat in homes, workplaces, and personal vehicles.|
|Background check for private dealers||No||No||The state does not mandate criminal record background checks for private sellers of firearms.|
|Preemption||Yes||Yes||North Dakota is a preemption law state with the state government having the authority to regulate firearm usage even in local territories.|
|Concealed carry permit.||Yes||Yes||You can conceal carry with either the state class one or class two concealed weapon licenses|
|Concealed carry in personal vehicle||Yes||Yes||You can conceal carry in your vehicle as long as you are with your concealed weapon license.|
|Open carry in Schools||No||No||North Dakota prohibits the possession of firearms or any other weapons in schools, colleges, universities, etc.|
Where Is It Legal To Open Carry In North Dakota?
Open carry in North Dakota is legal in the following areas:
- Restaurants and bars: You can open carry and possess your firearm in the restaurant area, except there is a post prohibiting such.
- Personal vehicle: You can open carry in your car as long as you have a permit to do so.
- Roadside areas: You can open carry in roadside areas of North Dakota.
- State parks and forests: You can open carry in parks, forests and wildlife management areas.
Where Is It Illegal To Open Carry In North Dakota?
North Dakota prohibits the open carry of firearms in the following parts of the state:
- Stadium: You cannot open carry in stadiums or any state professional sporting event.
- Church event: You cannot open carry in any church event in the state except you have permission from those in authority to do so.
- Public buildings: You cannot open carry in buildings accessible to the general public in North Dakota.
- State capitol: You cannot open carry or possess firearms in the state capitol building or its premises.
- Bars: You cannot open carry in bar areas or any places in the state that have a license to retail or for consumption on-site.
- Under the influence: You cannot open carry while under the influence of alcohol in North Dakota.
- Gaming center: You cannot open carry in any gaming site in North Dakota, where bingo is the main activity.
- Prohibited areas: You cannot open carry in any part of the state prohibited by federal laws.
FAQs About Open Carry IN North Dakota
Some of North Dakota open carry most frequently asked questions include the following:
Do I Need A Permit To Open Carry Firearms In North Dakota?
Yes. Open carry in North Dakota is only valid with a class two concealed weapon license issued in the state.
However, people without a permit can open carry an hour before sunsets and an hour before sunrise.
Do I Need A Concealed Carry Permit To Concealed Firearms In North Dakota?
Yes. To conceal carry, you must apply for either North Dakota class one or class two concealed weapon licenses.
Do I Need A Separate Permit For Open Carry And Concealed Carry In North Dakota?
No. Open carry and concealed carry in North Dakota is only possible with either of the state’s concealed weapon licenses.
What Is The Age For Open Carry In North Dakota?
You must be an adult before you can open carry in North Dakota. The minimum age requirement for this is eighteen-year-old.
What Is the Age Requirement For Concealed Carry In North Dakota?
In North Dakota, you can begin to conceal carry from the age of eighteen years old.
At What Age Can I Apply For North Dakota’s Concealed Weapon License?
To apply for the state’s class one license, you must be at least twenty-one years old. To apply for the state’s class two license, you must be at least eighteen years old.
What Is The Difference Between Class One And Class Two North Dakota Concealed Weapon License?
Both licenses do not have a significant difference in the jurisdiction of North Dakota.
However, you can use your class one license to carry your firearm in other states in the country.
Also, there are more testing requirements for a class one license.
Does North Dakota Have Red Flag Law In The State?
No. North Dakota gun statutes do not mention red flag law or the issuance of an extreme risk protection order in the state.
Is North Dakota Concealed Weapon License Available To Non-residents Of The State?
North Dakota issues concealed weapon licenses to residents, military members posted to the state, and non-residents that have a permit from any state that has a reciprocity agreement with North Dakota.
For non-residents’ application, the processing of North Dakota concealed weapon licenses is done independently of that of any other state.
Is North Dakota A Constitutional Carry State?
Yes, the state permits constitutional carry for residents with a North Dakota driver’s license or any form of identification issued by the transportation department for at least one year.
Does North Dakota Allow The Open Carry Of Knives In The State?
Yes, you can open carry knives and any other type of weapon in North Dakota, with exceptions to restricted places for firearms
Can I conceal Carry Knives In North Dakota?
Yes, you can conceal carry knives and every other weapon in the state except when you are in schools, bars, public places, etc.
Does North Dakota Have Firearm Restrictions In The State?
Yes. North Dakota restricts the possession of the following firearms in the state:
- Machine guns.
- Automatic firearms.
- Explosive bombs or dangerous gases.
- Other federally licensed firearms.
It is a felony act to own, buy, or sell such firearms in North Dakota.
Does North Dakota Issue A Purchase Permit To Buy Firearms In The State?
No. You do not need a purchase permit to buy firearms in North Dakota.
Must I Complete A Criminal Record Background Check Before Purchasing A Firearm In North Dakota?
Yes. You must undergo the criminal record background check before buying firearms from state and federally licensed dealers
The only exception to this is if you are buying the firearm from a private dealer and if you have any of North Dakota’s concealed weapon licenses.
When Will North Dakota Concealed Weapon License Expire?
The license is valid for five years, after which you have to apply for a renewal.
Do I Have A Duty To Inform Law Enforcement Officers About My Possession Of Firearms In North Dakota?
Yes, and No. Yes, if you do not have a concealed weapon license, no, if you have a concealed weapon license.
Is North Dakota A Castle Doctrine State?
Yes. North Dakotas is a castle doctrine state, and you do not have any duty to retreat in your home of residence, place of work, private car, or a recreational vehicle.
Is The Use Of Deadly Force Permitted In North Dakota?
Yes, you can make use of deadly force during self-defense if, in your opinion, the attack is felony violence, or can lead to severe injury or imminent death.
Is Firearm Training A Requirement For Concealed Weapon License Application In North Dakota?
Yes, to obtain a class one license in North Dakota, you must complete a firearm training and pass an open examination.
For class two licenses, you only need to pass the open test.
Note that firearm training must be a state-approved one.
Is It Compulsory To Register Firearms After Purchase In North Dakota?
No, the state gun statute does say anything about the registration of firearms upon purchase.
Relevant Open Carry Law And Legislature In North Dakota
North Dakota gun laws relating to open carry that you must know before using firearms in the state include the following:
North Dakota preempts gun laws in the state. The state government has the authority to regulate the use of firearms in every part of the state.
This means that state law supersedes all local municipalities or county laws.
Brandishing Of Firearms
It is unlawful to brandish firearms in North Dakota illegally.
Anybody that uses a firearm to harass, annoy, or cause apprehension to another person such that it ensures a fight or violent brawl is guilty of violent conduct.
Also, a person that uses a firearm to cause fear of severe bodily harm to another person is guilty of menacing.
The only exception to this is during self-defense or the legal use of firearms by a law enforcement officer or peace officer in the state.
Possession Of Firearms Under The Influence Of Alcohol
It is a crime to possess a firearm under the influence of alcohol in North Dakota.
This also includes while under the influence of drugs, any intoxicants or substances controlled by drug enforcement officers.
Open Carry While Hunting In North Dakota
You can open carry while hunting in North Dakota.
However, during bow hunting in the state, you cannot make use of any other firearm except a licensed handgun.
It is also a prohibition to use the handgun for hunting a game during archery sessions.
North Dakota also has hunter harassment laws to protect hunting activities in the state.
This law includes the following:
- Nobody shall intentionally disturb a legal hunting activity in the state by harassing, pursuing, or interfering with hunters either on public or private land.
- Nobody shall make use of any form or aerial vehicle that does not have human operators on private or public lands meant for the hunting of wildlife to interfere, impede, or disrupt a legal hunting session.
- Nobody shall tamper or disarrange a trap or snare in the state legally placed to capture fur-bearing games or animals that leave unprotected on the wild. The only exception to this are officers from the authoritative department or land agents.
- Also, nobody shall venture into hunting on privately or publicly owned lads without permission from the owner or the appropriate authority.
- This section of hunter harassment law in North Dakota does not affect people that are carrying out legal activities that interfere with hunting, such as agricultural purposes, with permission to do so.