North Dakota Code 62.1-02-05 – Possession of a firearm or dangerous weapon at a public gathering – Penalty – Application
1. An individual may not possess a firearm or dangerous weapon at:
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 62.1-02-05
- 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
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement officer: means :
a. See North Dakota Code 62.1-01-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Possession: means an individual has:
a. See North Dakota Code 62.1-01-01
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- 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
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. A school or school-sponsored event on school property; b. A church or other place of worship; or c. A publicly owned or operated building.
2. This section does not apply to:
a. A law enforcement officer, or a correctional officer employed by the department of corrections and rehabilitation or by a correctional facility governed by chapter 12-44.1. A correctional officer employed by the department of corrections and rehabilitation may carry a firearm only as authorized in section 12-47-34. A correctional officer employed by a correctional facility governed by chapter 12-44.1 may carry a firearm or dangerous weapon only as authorized in section 12-44.1-30; b. An individual who is on an ambulance or firefighter crew while the individual is on duty if:
(1) The individual has written permission from the governing body or owner of the fire department or ambulance service; (2) The individual possesses a valid class 1 concealed weapons license; (3) The individual has successfully completed a weapons training course developed by the North Dakota private investigative and security board; and
(4) The governing body or owner of the fire department or ambulance crew provides written notice to the bureau of criminal investigation of the individuals authorized or no longer authorized to carry a firearm or dangerous weapon under this section, including that all training and certification requirements have been satisfied; c. A member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations, when on duty; d. A competitor participating in an organized sport shooting event; e. A gun or antique show; f. A participant using a blank cartridge firearm at a sporting or theatrical event; g. A firearm or dangerous weapon carried in a temporary residence or motor vehicle; h. A student and an instructor at a hunter safety class; i. Private and public security personnel while on duty; j. A state or federal park; k. An instructor, a test administrator, an official, or a participant in educational, training, cultural, or competitive events involving the authorized use of a dangerous weapon if the event occurs with permission of the person or entity with authority over the function or premises in question; l. An individual in a publicly owned or operated rest area or restroom; m. An individual who is authorized under section 62.1-04-02 to carry a firearm or dangerous weapon concealed or who has reciprocity under section 62.1-04-03.1 authorizing the individual to carry a firearm or dangerous weapon concealed if the individual is in a church building or other place of worship and the primary religious leader or the governing body of the church or other place of worship approves the individual or group of individuals to carry a firearm or dangerous weapon through a policy or any other means; n. A state, federal, or municipal court judge, a district court magistrate judge or judicial referee, and a staff member of the office of attorney general if the individual maintains the same level of firearms proficiency as is required by the peace officer standards and training board for law enforcement officers. A local law enforcement agency shall issue a certificate of compliance under this section to an individual who is proficient; o. An individual’s storage of a firearm or dangerous weapon in a building that is owned or managed by the state or a political subdivision, provided:
(1) The individual resides in the building; (2) The storage is inside the individual’s assigned residential unit; and
(3) The storage has been consented to by the state, the governing board, or a designee; and
p. An individual authorized to carry a concealed weapon on school property under section 62.1-02-14.
3. This section does not prevent any political subdivision from enacting an ordinance that is less restrictive than this section relating to the possession of firearms or dangerous weapons at a public gathering. An enacted ordinance supersedes this section within the jurisdiction of the political subdivision.
4. Notwithstanding any other provision of law, a church or place of worship may not be held liable for any injury or death or damage to property caused by an individual permitted to carry a dangerous weapon concealed under this section.
5. This section does not prevent the governing body of a school or the entity exercising control over a publicly owned or operated building or property from authorizing the use of a less than lethal weapon as part of the security plan for the school, building, or property.
6. An individual who knowingly violates this section is guilty of an infraction.