North Dakota Code 62.1-02-04 – Possession of firearm or dangerous weapon in liquor establishment prohibited – Penalty – Exceptions
1. An individual who enters or remains in that part of the establishment set aside for the retail sale of alcoholic beverages and the consumption of purchased alcoholic beverages or used as a gaming site at which bingo is the primary gaming activity while that individual knowingly possesses a firearm or dangerous weapon is guilty of an infraction. In addition, an individual is guilty of an offense under this section for the knowing possession of a device that uses a projectile and voltage or a device that uses a projectile and may be used to apply multiple applications of voltage during a single incident in the part of an establishment set aside for the retail sale and consumption of alcoholic beverages.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Infraction | up to $1,000 |
Terms Used In North Dakota Code 62.1-02-04
- Dangerous weapon: includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of five inches [12. See North Dakota Code 62.1-01-01
- Gaming site: means any room or premises licensed by the attorney general or by a city or county governing body to conduct legal gaming operations. See North Dakota Code 62.1-01-01
- Individual: means a human being. See North Dakota Code 1-01-49
- Law enforcement officer: means :
a. See North Dakota Code 62.1-01-01
- Possession: means an individual has:
a. See North Dakota Code 62.1-01-01
- Unloaded: means the chamber of the firearm does not contain a loaded shell. See North Dakota Code 62.1-01-01
- weapon: means any device that expels or is readily capable of expelling a projectile by the action of an explosive and includes any such device, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka, or cannon. See North Dakota Code 62.1-01-01
2. This section does not apply to:
a. A law enforcement officer.
b. The proprietor.
c. The proprietor’s employee.
d. 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.
e. Private security personnel while on duty for the purpose of delivering or receiving moneys used at the liquor establishment or at the gaming site at which bingo is the primary gaming activity.
f. The restaurant part of an establishment if an individual under twenty-one years of age is not prohibited in that part of the establishment.