North Dakota Concealed Carry Firearm Laws

North Dakota: Gun Laws Summary

North Dakota is a shall-issue state, although law enforcement has some discretion in issuing licenses to anyone they have reason to believe is or has been a danger to self or others. Concealed carry licenses are issued at the state level by the attorney general.

Permitless Carry in North Dakota

The state allows permitless concealed carry for adults that have been residents for at least 30 days and are not prohibited by state or federal law from possessing a firearm and for non-residents with a valid resident concealed carry license from a state that North Dakota honors. On April 12, 2023, Governor Doug Burgum signed HB 1339, allowing non-residents the ability to concealed carry under North Dakota’s permitless carry laws. It will also remove the 30-day requirement for IDs. The new law will go into effect on August 1, 2023. Individuals concealed carrying under permitless carry must carry their driver’s license or state ID and MUST inform law enforcement that they are in possession of the firearm upon any in-person contact by a law enforcement officer. Restrictions on places that a firearm may be possessed still apply. Concealed carry is also legal for non-residents with permits from states that North Dakota recognizes.

Concealed Weapon Licenses in North Dakota

North Dakota issues Class 1 and Class 2 CWLs. Both licenses are equally valid within North Dakota, but because of additional testing requirements, the holders of a Class 1 license have reciprocity in many more states than those who hold a Class 2 license. CWLs require completion of a state-certified firearms training course. North Dakota issues licenses to full-time active military duty stationed in ND and non-residents if they have a concealed carry permit from their home state, which must have reciprocity with North Dakota. The home state is determined by the driver’s license. In terms of reciprocity, there is some confusion. It appears that as of August 1, 2021, when HB 1293 went into effect, North Dakota will only honor resident permits from the states it honors.

Open Carry in North Dakota

Open carry of handguns is legal for residents with a Concealed Weapon License (CWL) and for non-residents with a valid resident concealed carry license from a state that North Dakota honors. The minimum age is 18. Some areas are off-limits, including bars.

Use of Force in Defense of Premises and Property

Force is justified to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property.

Immunity From Civil Liability for Justifiable Use of Force

Force which is intended or likely to cause death or bodily injury is immune from civil liability or the wrongful death of a person against whom such force was used if the use of such force was justified. [N.D. Cent. Code §§ 12.1-05-03 thru 12.1-05-07.2]

Self-Defense or the Defense of Others

A person is justified in using force to defend himself or herself against danger of imminent unlawful bodily injury, sexual assault or detention by another person. A person is justified in using force in order to defend anyone else if the person defended would be justified in defending himself or herself.

Deadly Force

The use of deadly force is not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. An individual seeking to protect another individual must, before using deadly force, try to cause the other individual to retreat, or otherwise comply with the requirements of this provision, if safety can be obtained thereby. An individual is not justified in using more force than is necessary and appropriate under the circumstances.There is no duty to retreat anywhere a person is legally allowed to be. Deadly force is justified in the following instances: When used in lawful self-defense or in lawful defense of others, if such force is necessary to protect the actor or anyone else against death, serious bodily injury or the commission of a violent felony; or When used by an individual in possession or control of a dwelling, place of work, motor vehicle or an occupied motor home or travel trailer, or by an individual who is licensed or privileged to be there, if the force is necessary to prevent commission of arson, burglary, robbery or a violent felony upon or in the dwelling, place of work, motor vehicle or occupied motor home or travel trailer, and the use of force other than deadly force for these purposes would expose any individual to substantial danger of serious bodily injury. [N.D. Cent. Code §§ 12.1-05-03 thru 12.1-05-07.2]

North Dakota: Gun Laws at a Glance


Permitless Carry	Yes, North Dakota recognizes permitless concealed carry for residents who have possessed a valid driver’s license or nondriver identification card issued by the department of transportation for at least 30 days. Concealed carry is also legal for non-residents with resident permits from states that North Dakota recognizes.On April 12, 2023, Governor Doug Burgum signed HB 1339, allowing non-residents the ability to concealed carry under North Dakota’s permitless carry laws. It will also remove the 30-day requirement for IDs. The new law will go into effect on August 1, 2023.
Open Carry	Yes, with a ND concealed weapon license or a resident permit from a state that ND recognizes. In addition, any person to carry an unloaded handgun. [N.D. Cent. Code § 62.1-03-01(1)(a)]
Concealed Carry License Issuance	North Dakota is a shall-issue state.
Minimum Age for Concealed Carry	You must be at least 18 years old to concealed carry in North Dakota.
Concealed Carry of Weapons Other Than Handguns	Yes. Under North Dakota law, “dangerous weapon” includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or any knife with a blade 5 inches or longer. [N.D. Cent. Code § 62.1-03-01(2)(a)]
Taser or Stun Gun Ownership	Yes. Stun guns are exempt from the definition of “dangerous weapons” and are legal to purchase and possess without a license. A Taser that only delivers a single application of voltage is not considered a dangerous weapon and may be carried without a concealed weapon license. [ND Atty Genl Information page and N.D. Cent. Code § 62.1-02-04]
Chemical Spray/Pepper Spray Ownership	Yes, defensive sprays are exempt from the definition of “dangerous weapons” and therefore you do not need a concealed weapon license to carry those items concealed (e.g., in a purse or bag, under clothing, under the vehicle seat or in the vehicle’s glove box) within North Dakota. [N.D. Cent. Code § 62.1-01-01][N.D. Atty Genl Information Page]
Handgun Magazine Capacity Restrictions	No. North Dakota imposes no limit on maximum handgun magazine capacity.
Ammunition Restrictions	No. There are no restricted handgun ammo types in North Dakota.

North Dakota: Carry Locations


Carrying Firearms in Parks, Forests, and Wildlife Management Areas	Yes, under permitless concealed carry for residents and for non-residents with a resident permit from states that North Dakota recognizes. See the National Parks webpage for links to each Park in North Dakota. [State Forest Guide][N.D.Admin. Code § 30-04-02-05] [N. D. Cent. Code § 62.1-02-05.2.i]
Carrying Firearms in Bars and Restaurants that Serve Alcohol	You can concealed carry in the restaurant area of an eatery that serves alcohol under permitless concealed carry for residents and for non-residents with a resident permit from states that North Dakota recognizes, unless posted. Concealed carry is not allowed in bars or the bar areas of restaurants. [N.D.Cent. Code § 62.1-02-04.2.f]
Carrying Firearms on Hotel Property	North Dakota statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information.
Storing Firearms in Private Vehicles in an Employee Parking Lot	A public or private employer may not prohibit any customer, employee or invitee from possessing any legally owned firearm, if the firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and if the customer, employee or invitee is lawfully in the area. Some parking areas are prohibited including school property, correctional facilities and institutions and businesses involved with homeland security or national defense, among others. [N.D.Cent. Code § 62.1-02-13]
Carrying Firearms at Roadside Rest Areas	Yes, under permitless concealed carry for residents and for non-residents with a resident permit from states that North Dakota recognizes. [N.D. Cent. Code § 62.1-02-05.2.k]
Carrying Firearms in Vehicles	Yes, for an individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under chapter 62.1-04 and who has been a resident for at least 30 days with a valid driver’s license or State ID. Non-residents must have a resident concealed carry permit from a state that ND honors. If the firearm is not loaded, a person may carry or possess it in a motor vehicle, concealed or unconcealed, even without a license. [N.D. Cent. Code §§ 62.1-02-10, 62.1-03-01]

North Dakota: Key State Laws


Concealed Carry Registry Information	No, however the information is available to the courts. [N.D. Cent. Code § 62.1-04-04]
Duty to Inform Law Enforcement	There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm for anyone with a concealed carry license. Yes, for ND residents carrying without a license. [N.D. Cent. Code § 62.1-04-04]
Preemption Laws for Concealed Carry	Yes, the state has preemption of firearms laws relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition in North Dakota. Based on the passage of HB 1248 on April 27, 2021, all such existing municipal ordinances are void and an individual may bring a civil action against a political subdivision for damages as a result of an unlawful ordinance. [N.D. Cent. Code § 62.1-01-03]
Link Between Driver’s License and Carry License	No. Your North Dakota driver’s license is not linked to your North Dakota concealed weapon license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. [USCCA]
“No Weapons Allowed” Signs	No. North Dakota does not recognize “No Weapons Allowed” signs.
Red Flag Law	North Dakota does not have a red flag law.
Concealed Carry Licenses for Non-Residents	Yes, for those that have a concealed carry permit from their home state, which must have reciprocity with North Dakota. The process is the same as for residents.
Definition of Brandishing	Based on the passage of HB 1498, as of August 1, 2021, an individual may brandish a dangerous weapon while on property owned or leased by the individual. [per HB 1498, a new section is added to chapter 62.1-02]An individual is guilty of disorderly conduct if, with intent to harass, annoy or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed or alarmed by the individual’s behavior, the individual engages in fighting, or in violent, tumultuous or threatening behavior; or creates a hazardous, physically offensive or seriously alarming condition by any act that serves no legitimate purpose; or engages in harassing conduct by means of intrusive or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another person. [N.D. Cent. Code § 12.1-31-01]A person is guilty of menacing if he knowingly places or attempts to place another human being in fear by menacing him with imminent serious bodily injury. [N.D. Cent. Code § 12.1-17-05]
Carrying While Under the Influence	Although in the Game, Fish & Predators section of the ND Century Code, no person may be afield at any time, with a gun or other firearm while intoxicated or under the influence of alcoholic beverages or drugs. [N.D. Cent. Code § 20.1-01-06]As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

North Dakota: Handgun Purchase and Possession


Permit to Purchase	No. A special permit is not required for buying a handgun in North Dakota.
Background Checks for Private Sales	No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [source]
Background Check Exemption with Concealed Carry License	Yes. [source]
Handgun Waiting Period	No. North Dakota does not have a waiting period for handgun purchases.
Handgun Registration	No. Handguns do not need to be registered in North Dakota.
Minimum Age for Handgun Possession and Transport	18 years old is the minimum age to possess and transport a handgun in North Dakota. A person under the age of 18 may only possess a handgun while under the direct supervision of an adult for purposes of firearm safety training, target shooting, or hunting. [N.D. Cent. Code § 62.1-02-01]
Handgun Possession and Carry without a License	Yes. A concealed carry license is not required for anyone legally entitled to carry a firearm to carry a handgun on the person’s land, or in that individual’s permanent or temporary residence, or fixed place of business. [N.D. Cent. Code 62.1-03-01]