North Dakota

North Dakota Law

DOMESTIC VIOLENCE FIREARM PROHIBITIONS

North Dakota Domestic Violence Firearm Purchase and Possession Prohibitions

Regardless of the relationship between the victim and the perpetrator, North Dakota prohibits persons convicted of class A misdemeanors involving violence or intimidation under any of the following sections if the offense was committed while using or possessing a firearm, dangerous weapon, destructive device, or explosive from owning, possessing, or controlling firearms for five years from the date of conviction or the date of release from incarceration, parole, or probation (whichever is latest):

1. Chapter 12.1-16: Homicide
2. Chapter 12.1-17: Assaults – threats – coercion – harassment
3. Chapter 12.1-17.2: Offenses against unborn children
4. Chapter 12.1-18: Kidnapping
5. Chapter 12.1-20: Sex offenses
6. Chapter 12.1-21: Damaging property or public services
7. Chapter 12.1-21.1: Animal research facility damage
8. Chapter 12.1-22: Robbery – breaking and entering offenses
9. Chapter 12.1-23: Theft and related offenses
10. Chapter 12.1-23.1: Theft of cable television
11. Chapter 12.1-24: Forgery and counterfeiting
12. Chapter 12.1-25: Riot1

North Dakota does not prohibit persons subject to domestic violence protection orders from purchasing or possessing firearms or ammunition.

NORTH DAKOTA DOMESTIC VIOLENCE PROTECTION ORDER FIREARM REMOVAL

Domestic Violence Civil Protection Orders That Require Firearm Removal

North Dakota law does not require the removal of firearms from persons subject to ex parte or final domestic violence protection orders; however, a court issuing an ex parte or final domestic violence protection order may require “the respondent* to surrender for safekeeping any firearm or other specified dangerous weapon . . . in the respondent’s immediate possession or control or subject to the respondent’s immediate control, if the court has probable cause to believe that the respondent is likely to use, display, or threaten to use the firearm or other dangerous weapon in any further acts of violence.”2

Individuals Who May Petition for a Domestic Violence Protection Order

Any family or household member may seek an ex parte or final domestic violence protection order.3

“Family or household member” is defined to include:

1. A spouse;
2. Former spouse;
3. Parent;
4. Child;
5. Persons related by blood or marriage;
6. Persons in a dating relationship;
7. Persons presently or formerly residing together;
8. Persons who have a child in common (regardless of marital status or cohabitation); and
9. Any other person the the court determines to have a sufficient relationship with the abusing person.4

Removal Process

If the court orders the respondent to surrender any firearm or other specified dangerous weapon, the respondent is required to “surrender the firearm or other dangerous weapon to the sheriff, or the sheriff’s designee, of the county in which the respondent resides or to the chief of police, or the chief’s designee, of the city in which the respondent resides in the manner and at the time and place determined by that law enforcement officer.”5

Compliance

If the respondent does not surrender the firearm or other dangerous weapon, a law enforcement officer may arrest the respondent and take possession of the firearm or other dangerous weapon.6

Penalties for Violation

When an ex parte or final domestic violence protection order has been granted and the respondent has been served with a copy of the order, the first violation of an order is a class A misdemeanor, punishable by up to 360 days imprisonment, a fine of $300, or both, and contempt of court.7 A second or subsequent violation of an order is a class C felony punishable by up to five years imprisonment, a fine of $10,000, or both.8