# Title 62.1 — Weapons

## Chapter 62.1-02 — Possession of Weapons

### § 62.1-02-01. Persons who are not to possess firearms - Penalty.

1. a. A person who has been convicted anywhere of a felony offense involving violence
or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent
felony offense of another state or the federal government is prohibited from
owning a firearm or having one in possession from the date of conviction and
continuing for ten years after the date of conviction or the date of release from
incarceration, parole, or probation, whichever is latest.
b. A person who has been convicted anywhere of a felony offense of this or another
state or the federal government not provided for in subdivision a or who has been
convicted of a class A misdemeanor offense involving violence or intimidation in
violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another
state or the federal government and the offense was committed while using or
possessing a firearm, a dangerous weapon, or, as defined in section 12.1-01-04,
a destructive device or an explosive, is prohibited from owning a firearm or having
one in possession from the date of conviction and continuing for five years after
the date of conviction or the date of release from incarceration, parole, or
probation, whichever is latest.
c. A person who is or has ever been diagnosed and confined or committed to a
hospital or other institution in this state or elsewhere by a court of competent
jurisdiction, other than a person who has had the petition that provided the basis
for the diagnosis, confinement, or commitment dismissed under section
25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another
jurisdiction, as a person requiring treatment as defined in section 25-03.1-02, or
as a mentally deficient individual, is prohibited from purchasing a firearm or
having one in possession. This limitation does not apply to a person who has not
suffered from the disability for the previous three years or who has successfully
petitioned for relief under section 62.1-02-01.2.
d. A person under the age of eighteen years may not possess a handgun except
that such a person, while under the direct supervision of an adult, may possess a
handgun for the purposes of firearm safety training, target shooting, or hunting.
e. A child who has been adjudicated delinquent of a felony offense involving
violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an
equivalent felony offense of another state or the federal government is prohibited
from owning a firearm or having one in possession from the date of adjudication
and continuing for ten years after the date of adjudication.
f. A child who has been adjudicated of a class A misdemeanor offense involving
violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an
equivalent offense of another state or the federal government, and the offense
was committed while using or possessing a firearm, a dangerous weapon, a
destructive device, or an explosive is prohibited from owning a firearm or having
one in possession from the date of adjudication and continuing for five years after
the date of adjudication.
A person who violates subdivision a or b is guilty of a class C felony, and a person who
violates subdivision c or d is guilty of a class A misdemeanor.
2. For the purposes of this section, "conviction" means a determination that the person
committed one of the above-mentioned crimes upon a verdict of guilt, a plea of guilty,
or a plea of nolo contendere even though:
a. The court suspended execution of sentence in accordance with subsection 3 of
section 12.1-32-02;
b. The court deferred imposition of sentence in accordance with subsection 4 of
section 12.1-32-02;
c. The court placed the person on probation;

d. The person's conviction has been reduced in accordance with subsection 9 of
section 12.1-32-02 or section 12.1-32-07.1;
e. Sentence dispositions, sentence reductions, or offense determinations equivalent
to this section were imposed or granted by a court, board, agency, or law of
another state or the federal government; or
f. The person committed an offense equivalent to an offense described in
subdivision e or f of subsection 1 when that person was subject to juvenile
adjudication or proceedings and a determination of a court under chapter 27-20.4
or of a court of another state or the federal government was made that the person
committed the delinquent act or offense.
3. A felon who is not sentenced under section 12.1-32-09.1 may possess a rifle that has
a barrel sixteen inches [40.72 centimeters] or longer or a shotgun that has a barrel
eighteen inches [45.72 centimeters] or longer and which is one of the following:
a. A firearm, including any firearm with a matchlock, flintlock, percussion cap, or
similar type of ignition system, manufactured before 1899.
b. A replica of any firearm described in subdivision a, if the replica is not designed or
redesigned for using rimfire or conventional centerfire fixed ammunition or uses
rimfire or conventional centerfire fixed ammunition that is no longer manufactured
in the United States and which is not readily available in the ordinary channels of
commercial trade.
c. A muzzleloading rifle or muzzleloading shotgun designed to use black powder or
a black powder substitute and which cannot use fixed ammunition.
### § 62.1-02-01.1. Restoration of right to possess firearm.

1. An individual prohibited from possessing a firearm due to a conviction of a felony
under subdivision b of subsection 1 of section 62.1-02-01 may petition the district court
for restoration of the individual's firearm rights. If the felony offense was committed in
this state, the petition must be filed with the district court in the county where the
offense occurred. If the offense was a felony of another state or the federal
government, the petition must be filed in the venue where the rights of the individual
were revoked. A copy of the petition must be served on the state's attorney's office in
the county where the petition is filed in accordance with Rule 5 of the North Dakota
Rules of Civil Procedure. The state's attorney's office has twenty days to file a written
response to the petition with the district court.
2. The district court may restore the right of an individual to possess a firearm if the court
determines, by clear and convincing evidence, that all of the following circumstances
exist:
a. The individual has paid all fines imposed for the violation resulting in the
prohibition;
b. The individual has served all terms of imprisonment imposed for the violation
resulting in the prohibition;
c. The individual has successfully completed all conditions of probation or parole
imposed for the violation resulting in the prohibition; and
d. The individual's record and reputation are such that the individual is not likely to
act in a manner dangerous to the safety of others.
### § 62.1-02-01.2. Mental disability and the possession of firearms.

1. A court shall make a finding as to whether the provisions of 18 U.S.C. 922(d)(4) and
(g)(4) apply to the subject of a following proceeding in which the court:
a. Finds that a person, as a result of mental disease or defect, may not be held
criminally responsible in any case pursuant to chapter 12.1-04 or 12.1-04.1;
b. Finds that a person is a mentally deficient individual;
c. Orders involuntary hospitalization or commitment to a treatment facility or
involuntary treatment pursuant to chapter 25-03.1;
d. Orders involuntary commitment or involuntary treatment under chapter 25-03.3;
e. Appoints a guardian ad litem under section 28-03-04;

f. Appoints a guardian under chapter 30.1-28; or
g. Appoints a conservator under chapter 30.1-29.
2. If the court finds that the provisions apply, the clerk of the court shall forward the
individual's name and nonclinical identifying information to the bureau of criminal
investigation, which shall forward the information to the federal bureau of investigation,
or its successor agency, for inclusion in the national instant criminal background check
system database. The court also shall notify the individual of the prohibitions of
18 U.S.C. 922(d)(4) and (g)(4), and, if relevant, of subdivision c of subsection 1 of
section 62.1-02-01.
3. If a court of this state has found an individual under subsection 1 to be subject to the
provisions of 18 U.S.C. 922(d)(4) and (g)(4), that individual may petition the court that
issued the finding or the district court of the county where the individual resides to
remove that individual's firearms-related disabilities, as provided in Public Law
No. 110-180, 105(a). A copy of the petition for relief must be served on the director of
the treatment facility that treated the individual pursuant to court order and the
prosecuting attorney of the county in which the original finding, order, or appointment
occurred. The director of the treatment facility that treated the individual pursuant to
court order and the prosecuting attorney may appear, support, object to, and present
evidence relevant to the relief sought by the petitioner. The court shall receive and
consider evidence in a closed proceeding, including evidence offered by the petitioner,
concerning:
a. The circumstances of the original order, appointment, or finding;
b. The petitioner's mental health and criminal history records, if any;
c. The petitioner's reputation; and
d. Changes in the petitioner's condition or circumstances relevant to the relief
sought.
4. The court shall grant the petition for relief if the court finds by a preponderance of the
evidence that the petitioner likely will not act in a manner dangerous to public safety
and that the granting of the relief would not be contrary to the public interest. A record
must be kept of the proceedings. The record is confidential and may be disclosed only
to a court in the event of an appeal. An individual may file a petition for relief under this
section no more than once every two years.
5. When a magistrate or court issues an order granting a petition for relief under
subsection 3, the clerk of the court immediately shall forward a copy of the order to the
bureau of criminal investigation in the format and medium specified by the bureau after
consultation with the state court administrator. The bureau immediately shall forward a
copy to the federal bureau of investigation, or its successor agency, for updating of the
national instant criminal background check system database.
### § 62.1-02-02. Sale of handgun regulated - Penalty.

No person may transfer a handgun to any person who the transferor knows or has
reasonable cause to believe is a person prohibited by section 62.1-02-01 from possessing a
firearm. Any person who violates this section is guilty of a class A misdemeanor.
### § 62.1-02-03. Possession or sale of short-barreled rifle or shotgun - Penalty -

Application.
A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a
short-barreled shotgun is guilty of a class C felony. This section does not apply to a law
enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a
short-barreled shotgun in the course of or in connection with the officer's official duties, to a
member of the armed forces of the United States or national guard, organized reserves, state
defense forces, or state guard organizations who possesses or uses a short-barreled rifle or
short-barreled shotgun issued to the member by that organization and while on official duty, or
to any person who complies with the National Firearms Act [26 U.S.C. 5801-5872].

### § 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.
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.
### § 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:
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. The governor, a state, federal, or municipal court judge, a retired state or federal
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 or the state board of higher
education from enacting an ordinance or policy that is less restrictive than this section
relating to the possession of firearms or dangerous weapons at a public gathering. An
enacted ordinance or policy supersedes this section within the jurisdiction of the
political subdivision or state board of higher education.
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 a noncriminal offense
punishable by a fee of one hundred dollars.
### § 62.1-02-05.1. Brandishing a dangerous weapon.

Unless otherwise provided by law and subject to sections 12.1-17-04, 12.1-17-05, and
12.1-31-01, an individual may brandish a dangerous weapon while on property owned or leased
by the individual.
### § 62.1-02-06. Discharge of firearm within city - Penalty - Application.

A person who discharges a firearm within a city is guilty of a class B misdemeanor. This
section does not apply to the lawful discharge of firearms by law enforcement officers, by
citizens in defense of person or property, or by participants in lawful activities in which discharge
of firearms is a recognized part of the activity, including shooting galleries and ranges.

### § 62.1-02-07. Use of firearm by certain minors prohibited - Penalty.

Any parent, guardian, or other person authorized by the parent or guardian of any minor
under fifteen years of age who permits that minor to carry or use any firearm of any description
loaded with powder and projectile in public, is guilty of a class B misdemeanor. This section
does not apply if the minor is under the direct supervision of the parent, guardian, or other
person authorized by the parent or guardian.
### § 62.1-02-08. Illegal firearms, ammunition, or explosive materials business.

1. A person is guilty of an offense if the person supplies a firearm, ammunition, or
explosive material to, or procures or receives a firearm, ammunition, or explosive
material for, a person prohibited by this title from receiving it if the transferor knows or
has reasonable cause to believe that such person is prohibited by section 62.1-02-01
from receiving or possessing it.
2. The offense is a class C felony if the actor:
a. Was not licensed or otherwise authorized by law to handle, transfer, or engage in
transactions with respect to the firearm, destructive device, or explosive material;
or
b. Engaged in the forbidden transaction under circumstances manifesting the actor's
readiness to supply or procure on other occasions in disregard of lawful
restrictions.
Otherwise the offense is a class A misdemeanor.
### § 62.1-02-09. Possession of explosive and destructive device in government building -

Penalty.
A person, except for a law enforcement officer while on official business, is guilty of a class
C felony if the person possesses an explosive or destructive device in a government building
without the written consent of the government agency or person responsible for the
management of the building.
### § 62.1-02-10. Carrying loaded firearm in certain vehicles prohibited - Penalty -

Exceptions.
An individual may not keep or carry a loaded firearm in or on any motor vehicle, including
an off-highway vehicle or snowmobile in this state. An individual violating this section is guilty of
an infraction. This prohibition does not apply to:
1. A member of the armed forces of the United States or national guard, organized
reserves, state defense forces, or state guard organizations while possessing the
firearm issued to the member by the organization and while on official duty.
2. A law enforcement officer.
3. An individual possessing a valid concealed weapons license from this state or who has
reciprocity under section 62.1-04-03.1 with a handgun.
4. An individual who possesses a rifle or shotgun, is not in the field hunting or trapping,
and possesses a valid concealed weapons license from this state or has reciprocity
under section 62.1-04-03.1.
5. An individual in the field engaged in lawful hunting or trapping of nongame species or
fur-bearing animals.
6. A security guard or private investigator properly licensed to carry firearms.
7. An individual possessing a valid special permit issued pursuant to section 20.1-02-05.
8. An individual with a handgun who is not otherwise precluded from possessing a
class 2 firearm and dangerous weapon license under chapter 62.1-04 and who
possesses a valid driver's license or nondriver identification card issued by the
department of transportation or by the individual's state or territory of residence.
9. An individual who possesses a rifle or shotgun, is not in the field hunting or trapping,
and is not otherwise precluded from possessing a class 2 firearm and dangerous
weapon license under chapter 62.1-04 and possesses a valid driver's license or

nondriver identification card issued by the department of transportation or by the
individual's state or territory of residence.
### § 62.1-02-10.1. Carrying a loaded firearm in vehicle while hunting - Penalty.

An individual who is in the field engaged in the lawful hunting of big game or small game
and who violates section 62.1-02-10 is not subject to a criminal penalty but is guilty of a class 2
noncriminal offense under chapter 20.1-01.
### § 62.1-02-11. Possessing explosive prohibited - Exception - Penalty.

No person may have in custody, possession, or control any nitroglycerin, dynamite, or any
other dangerous or violent explosive, unless the explosive is carried in the prosecution of or to
effect a lawful and legitimate purpose. Any person violating this section is guilty of a class C
felony.
### § 62.1-02-12. Resident may purchase rifle or shotgun in contiguous state - Application -

Definitions.
Repealed by S.L. 2005, ch. 598, § 2.
### § 62.1-02-13. Possession of secured firearm - Prohibition by employer prohibited.

1. A public or private employer may not:
a. Prohibit any customer, employee, or invitee from possessing any legally owned
firearm, if the firearm is lawfully possessed and locked inside or locked to a
private motor vehicle in a parking lot and if the customer, employee, or invitee is
lawfully in the area.
b. Make a verbal or written inquiry regarding the presence of a firearm inside or
locked to a private motor vehicle in a parking lot or make an actual search of a
private motor vehicle in a parking lot to ascertain the presence of a firearm within
the vehicle. In addition, a public or private employer may not take any action
against a customer, employee, or invitee based upon verbal or written statements
of any party concerning possession of a firearm stored inside a private motor
vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in
the parking lot of a public or private employer to ascertain the presence of a
firearm within the vehicle may only be conducted by an on-duty law enforcement
officer.
c. Condition employment upon the fact that an employee or prospective employee
holds or does not hold a concealed weapons license or any agreement by an
employee or a prospective employee that prohibits an employee from keeping a
legal firearm locked inside or locked to a private motor vehicle in a parking lot, if
the firearm is kept for lawful purposes.
d. Prohibit or attempt to prevent any customer, employee, or invitee from entering
the parking lot or the employer's place of business because the customer's,
employee's, or invitee's private motor vehicle contains a legal firearm being
carried for lawful purposes, that is out of sight within the customer's, employee's,
or invitee's private motor vehicle.
e. Terminate the employment of or otherwise discriminate against an employee, or
expel a customer or invitee for exercising the constitutional right to keep and bear
arms or for exercising the right of self-defense as long as a firearm is never
exhibited on company property for any reason other than lawful defensive
purposes.
2. A public or private employer has no duty of care related to the actions prohibited under
this section.
3. A public or private employer is not liable in a criminal or civil action based on actions or
inactions taken in compliance with this section. The immunity provided in this
subsection does not apply to civil actions based on actions or inactions of public or
private employers that are unrelated to compliance with this section.

4. This section does not expand any existing duty, or create any additional duty, on the
part of a public or private employer, property owner, or property owner's agent.
5. A person aggrieved under this section may bring a civil action for violation of rights
protected under this section. In any successful action brought by a customer,
employee, or invitee aggrieved under this section, the court shall award all reasonable
personal costs and losses suffered by the aggrieved person as a result of the violation
of rights under this section. In any action brought under this section, the court shall
award all court costs and attorney's fees to the prevailing party.
6. The prohibitions in subsection 1 do not apply to:
a. Any public or nonpublic elementary school, middle school, or high school
property, except as otherwise provided in subsection 2 of section 62.1-02-05.
b. Any correctional facility or institution.
c. Property owned or leased by a public or private employer or the landlord of a
public or private employer upon which are conducted substantial activities
involving national defense, aerospace, or homeland security.
d. Property owned or leased by a public or private employer or the landlord of a
public or private employer upon which the primary business conducted is the
manufacture, use, storage, or transportation of combustible or explosive materials
regulated under state or federal law, or property owned or leased by an employer
who has obtained a permit required under 18 U.S.C. 842 to engage in the
business of importing, manufacturing, or dealing in explosive materials on the
property.
e. A motor vehicle owned, leased, or rented by a public or private employer or the
landlord of a public or private employer.
f. Any other property owned or leased by a public or private employer or the
landlord of a public or private employer upon which possession of a firearm or
other legal product by a customer, employee, or invitee is prohibited under any
federal law, contract with a federal governmental entity, or other law of this state.
g. The state hospital.
### § 62.1-02-14. Armed first responder in schools - Possession of a concealed weapon -

Liability.
1. The superintendent of public instruction, in consultation with the department of
emergency services and the attorney general, shall adopt rules to administer this
section and develop criteria for approval of plans under this section.
2. The superintendent of public instruction may accept a proposal from a public school,
upon approval by the school board or governing board, indicating the intention by the
school to participate in an armed first responder program.
3. Within ninety days of informing the superintendent of public instruction of the intent to
participate in the program, the school shall:
a. Identify the individual selected by the school to participate in the program and
attend training to become the school's armed first responder;
b. Submit a plan to the superintendent of public instruction specifying how the
school will implement the program; and
c. Participate in a comprehensive emergency operations assessment for the
purpose of identifying school crisis and emergency threats and risks.
4. The plan submitted by the school to the superintendent of public instruction is a
security system plan as defined in section 44-04-24 and a public health and security
plan as defined in section 44-04-25. The plan continues to be an exempt record after
the required disclosures of the plan under this section.
5. The plan submitted by the school to the superintendent of public instruction must show
response time from law enforcement.
6. The plan submitted by the school to the superintendent of public instruction must be
approved by local law enforcement and the department of homeland security.
7. The plan submitted by the school to the superintendent of public instruction must
require the selected individual to complete the course established by the private

investigative and security board. The private investigative and security board shall
establish standards equivalent to the South Dakota school sentinel program and may
license and certify course instructors, audit the course, and set administrative fees for
licensure and certification.
8. An individual selected to become an armed first responder for a school participating in
the program:
a. Must be a retired law enforcement officer or meet the requirements of
subsection 7;
b. Must be a citizen of the United States;
c. Must be at least twenty-one years old;
d. Shall complete a criminal background check successfully and be approved by the
local law enforcement agencies with jurisdiction over the school premises where
the individual will be an armed first responder;
e. Must be a high school graduate or meet equivalency standards;
f. Shall complete successfully a physical performed by a physician or an advanced
practice registered nurse and a mental evaluation by a qualified mental health
provider who certifies the individual is capable of performing the duties of an
armed first responder;
g. Shall complete successfully a faculty and administrator safety training and
emergency response program in addition to the requirements under subsection 7;
h. Must be approved by the school board or governing board to carry a firearm
concealed on school property;
i. Shall possess a valid class 1 firearm license from this state; and
j. May not be directly responsible for the supervision of children while serving as an
armed first responder.
9. An individual selected to become an armed first responder at a school participating in
the program shall cooperate in training with local law enforcement for school
emergencies to provide a coordinated response to building lockdown and active killer
events. The individual shall attend annual training and recertification courses
consisting of a minimum of ten hours of instruction and a skills evaluation assessment.
10. The school board or governing board of any school participating in the program shall
inform local law enforcement, in writing, of the name of the individual authorized by the
school to participate in the program.
11. The school board or governing board of any school participating in the program shall
ensure the district participates in annual active shooter training.
12. An individual selected as an armed first responder may not carry a firearm concealed
or a dangerous weapon on school premises unless:
a. The individual has been approved by the school board or governing board under
subsection 8;
b. The individual has completed the armed first responder curriculum requirements
under subsections 7 and 8; and
c. The individual completes the armed first responder recertification course
requirements every twelve months.
13. A firearm or dangerous weapon carried by an armed first responder on school
premises must remain concealed and under the direct control of the certified armed
first responder or stored in a lockbox accessible only by the armed first responder.
14. The school board or governing board shall approve a posttraumatic stress disorder
treatment program for armed first responders.
15. The school board or governing board may withdraw a school from participation in the
program at any time.
16. A school participating in the program shall provide program evaluation data to the
superintendent of public instruction at the time and in the manner requested by the
superintendent of public instruction.
17. The board of a school district or the governing body of a nonpublic school may
establish a program for providing a plan to establish a school first responder which

includes authorizing an individual to conceal and carry a weapon if the individual has
received education and training in accordance with this section.
18. A staff member may choose not to function in the capacity of a school first responder.
19. An individual authorized to work as a first responder under subsection 17, a school
district, the board of a school district, or the governing body of a nonpublic school that
establishes a first responder program is not civilly or criminally liable for any act or
omission of the first responder if the first responder is acting in good faith while
providing protection to a student or the school, except if the first responder's conduct
amounts to gross negligence.
