North Dakota Gun Laws: What are the gun laws in North Dakota?
The gun laws in North Dakota are less restrictive compared to other states in the United States of America. North Dakota does not require a waiting period for gun buyers, but an instant criminal background check at the point of purchase is mandatory. The state also allows those banned from ownership to regain their gun ownership rights by proving they have repaid their debt and are no longer a threat to society. The gun laws in North Dakota operate on an “Unrestricted” and "Shall Issue" policy. Residents can still obtain Class 1 & 2 permits if they wish to travel out-of-state. The Bureau of Criminal Investigation processes the applications after they submit documents to their local sheriff’s office.
Open carry in North Dakota
Residents are legally not entitled to open carry in the state of North Dakota, and you cannot open carry a handgun even if you don't have a permit to carry a concealed firearm. Municipalities can enforce laws that can ban the open carry of firearms in recreation facilities owned by the municipality.
Carrying in vehicles
North Dakota has gun laws that restrict carrying loaded weapons in a car. Any resident can carry an unloaded handgun in their cars with a permit in the state of North Dakota. A concealed handgun needs to be hidden and not displayed in an unlocked glovebox or console. Residents don't need a permit to carry their concealed weapons in their vehicle. However, local governments have the right to set their laws on public places which include vehicles.
Notifying a police officer
The gun laws in North Dakota state that you are not required to inform a law enforcement officer of the firearm you are carrying when you are approached while on official business. You need to carry your permit in case you have a concealed handgun in your possession when an officer requests you to produce it.
Constitutional carry in North Dakota
The North Dakota gun laws do not permit constitutional carry.
In North Dakota, residents are not allowed to carry firearms into a restaurant whose primary business is to serve alcohol. Restaurants, in general, will enable you to bring firearms into restaurants as long as it's not at the bar area and also if the restaurant does not have a “no weapons” sign.
Enforcing the “no guns” sign in North Dakota
These signs are not legally imposed under the gun laws in North Dakota, and if anyone disregards this sign when they enter private property or business, they are not subjected to legal penalties. It is advisable to avoid entering properties or establishments that display this sign and are considered off limit by the law. If a person refuses to leave the premises while carrying in such venues, that person is breaking the law and is at risk of being charged.
Possessing Machine Guns
In North Dakota, no person can own a machine gun unless he/she complies with the National Firearms Act. Any federal licensee who purchases, sells, has or possesses a machine gun must forward a copy of the licensee’s federal license along with the required weapons transfer form to the licensee’s local county sheriff and the chief of the bureau of criminal investigations within five days of receipt of the form.
Unlawful removal of the serial number on the weapon
In North Dakota, it is against the law to intentionally change, alter, remove or obliterate the serial number or identification number on any handgun. The possession of a gun with its marks altered, removed or destroyed creates a legal presumption that the possessor committed the offense.