# Title 109 — Peace Officer Standards and Training Board

## Article 109-02 — Peace Officer Standards

## Chapter 109-02-03 — Minimum Standards of Training Prior to Carrying a Weapon

North Dakota
### § 109-02-03-01. Sidearm authorization and qualification.

An officer may not carry a sidearm in the course of employment or in the performance of official
duties unless the officer has successfully completed the sidearm qualification requirements and the
board has issued an officer license or limited license. Sidearm qualification requires passing a North
Dakota peace officer standards and training board-approved sidearm qualification course.
History: Effective October 1, 2004; amended effective April 1, 2022.
General Authority: NDCC 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented: NDCC 12-63-02.3, 12-63-04(1)(d)
### § 109-02-03-02. Use of force examination and sidearm qualification for individuals not

licensed in North Dakota.
The board shall establish and certify a sidearm qualification and use of force examination for
individuals not licensed in North Dakota, including:
1. A written examination covering criminal and civil liability and North Dakota law on the use of
force. A score of one hundred percent is necessary for successful completion of the written
examination. An individual may attempt the use of force examination three times. Only one
attempt may occur in any twelve-hour period. If those three attempts are unsuccessful, the
individual must wait thirty days from the last unsuccessful attempt before retaking. After that
period, the individual may attempt a single use of force examination. If the individual does not
pass, they may not attempt the use of force examination for three hundred sixty-five days.
2. A North Dakota certified sidearm shooting course using the officer's duty weapon, duty
equipment, and duty ammunition or ammunition equivalent grain to the ammunition the officer
carries on duty. Successful completion of the sidearm qualification requires a minimum score
of seventy percent and the demonstration of competence in sidearm skills, including the safe
handling, loading, and unloading of the sidearm, as determined by a certified weapons
instructor.
3. An individual may attempt to qualify four times. The first three attempts only may occur once in
any twelve-hour period. If a third unsuccessful attempt occurs, the individual must wait thirty
days before their final attempt at qualification. If the individual is still unable to qualify, they
may not attempt qualification for three hundred sixty-five days from the fourth unsuccessful
attempt.
4. Only a North Dakota certified weapons instructor may administer the sidearm qualification and
use of force examination.

History: Effective October 1, 2004; amended effective July 1, 2006; April 1, 2014; April 1, 2022.
General Authority: NDCC 12-63-04(2)(d)
Law Implemented: NDCC 12-63-04
### § 109-02-03-03. Shotgun, rifle, and special weapons certification.

Repealed effective April 1, 2014.
### § 109-02-03-04. Sidearm qualification required annually.

Every officer shall qualify with the officer's duty weapon each year as a license requirement.
1. Sidearm qualification requires successful completion of a North Dakota certified shooting
course at least once during each calendar year. If an officer fails to qualify after one attempt at
any certification course on three separate days by the end of the calendar year, the officer
may not carry a duty weapon for thirty days during which time the officer no longer meets
minimum license requirements. After thirty days, the officer may again attempt to qualify;
however, the officer's license remains suspended until the employing or appointing agency
provides proof the officer successfully completed the sidearm qualification and pays the late
sidearm qualification fee if required under these rules.
2. For officers employed by an agency who are not required to carry a sidearm in the
performance of their duties, the officer's agency may apply to the board for a waiver of the
sidearm qualification requirements.
History: Effective October 1, 2004; amended effective April 1, 2014; April 1, 2022.
General Authority: NDCC 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented: NDCC 12-63-02.3, 12-63-04
### § 109-02-03-05. Certified shooting course.

An officer may not qualify with the officer's duty weapon on a noncertified shooting course.
History: Effective October 1, 2004; amended effective April 1, 2014; April 1, 2022.
General Authority: NDCC 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented: NDCC 12-63-02.3, 12-63-04
### § 109-02-03-06. Criteria for a certified shooting course.

A sidearm shooting course must meet the following requirements before the agency may receive
certification for the course and before an officer may qualify or requalify with the officer's duty weapon:
1. The course must provide for a minimum of three firing positions, including:
a. Prone.
b. Sitting.
c. Standing.
d. Kneeling.
e. Point shoulder.
f. Crouch.
g. Walking.

h. Barricade position.
2. The course must induce stress by the use of time, physical activity, or night or low light
conditions or a combination of all three. The course must provide a time limit for course
completion.
3. The course must include firing from at least three different distances:
a. The distance may not be less than one yard [.91 meter] nor more than twenty-five yards
[22.86 meters].
b. The majority of firing must occur at seven yards [6.40 meters] or more.
4. The course must include firing at least eighteen but not more than sixty rounds of ammunition
from start to finish.
5. The course must be fired completely with the officer's duty weapon and duty equipment and
include left-hand and right-hand shooting. An approved substitute weapon of the same type,
model, and manufacture as the duty weapon may be used if the duty weapon becomes
defective during firing.
6. The ammunition used when firing for qualification must be the same as or equivalent grain to
the ammunition normally carried on duty.
7. Only silhouette targets may be used on a certified shooting course.
History: Effective October 1, 2004; amended effective July 1, 2006; April 1, 2022.
General Authority: NDCC 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented: NDCC 12-63-02.3, 12-63-04(1)(d)
### § 109-02-03-07. Issuance, denial, or revocation of sidearm qualification.

1. The board shall review all applications for sidearm qualification. The board may deny or
revoke an application for sidearm qualification:
a. If the applicant failed to successfully complete the shooting course;
b. Upon a finding that the applicant falsified any information required to obtain qualification
or requalification;
c. Upon the written recommendation of a certified instructor; or
d. If the shooting course was not board-certified.
2. The board may require any officer to repeat a sidearm qualification test based upon the written
recommendation of the agency administrator or certified weapons instructor or when the
board deems it necessary.
3. Documentation for sidearm qualification must be submitted to the board on forms provided by
the board and must include:
a. Identification of the officer.
b. Identification of the weapons instructor.
c. Identification of the duty weapon, including model and manufacturer.
d. Date of the officer's sidearm qualification.

e. Identification of the certified shooting course.
History: Effective October 1, 2004; amended effective April 1, 2014; April 1, 2022.
General Authority: NDCC 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented: NDCC 12-63-02.3, 12-63-04(1)(d)
### § 109-02-03-08. Waiver.

Repealed effective April 1, 2014.
### § 109-02-03-09. Notice of denial or revocation of qualification - Hearing.

Repealed effective April 1, 2014.
