# Title 62.1 — Weapons

## Chapter 62.1-04 — Concealed Weapons

### § 62.1-04-01. Definition of concealed.

A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be
discernible by the ordinary observation of a passerby. There is no requirement that there be
absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily
discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is
worn under clothing or carried in a bundle that is held or carried by the individual, or transported
in a vehicle under the individual's control or direction and available to the individual, including
beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered
concealed if it is:
1. Carried in a belt holster which is wholly or substantially visible or carried in a case
designed for carrying a firearm or dangerous weapon and which is wholly or
substantially visible;
2. Locked in a closed trunk or luggage compartment of a motor vehicle;
3. Carried in the field while lawfully engaged in hunting, trapping, or target shooting,
whether visible or not;
4. Carried by any person permitted by law to possess a handgun unloaded and in a
secure wrapper from the place of purchase to that person's home or place of business,
or to a place of repair, or back from those locations; or
5. A bow and arrow, rifle, shotgun, unloaded handgun, or a weapon that will expel, or is
readily capable of expelling, a projectile by the action of a spring, compressed air, or
compressed gas including any such weapon commonly referred to as a BB gun, air
rifle, or CO gun, while carried in a motor vehicle.
### § 62.1-04-02. Carrying concealed firearms or dangerous weapons - License

distinctions.
1. An individual, other than a law enforcement officer, may not carry a firearm or
dangerous weapon concealed unless the individual is licensed to do so or exempted
under this chapter.
2. An individual who is not otherwise precluded from possessing a class 2 firearm and
dangerous weapon license under this chapter 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 may carry a firearm concealed under this
chapter.
3. An individual may carry a firearm concealed under this chapter if the individual
qualifies for reciprocity under section 62.1-04-03.1 and the individual has the
equivalent of a class 2 firearm and dangerous weapon license from the state in which
the individual is a resident.
4. For purposes of this chapter, the difference between a class 1 and class 2 firearm and
dangerous weapon license is only the extent to which a holder of either license may be
eligible to receive reciprocal rights in other jurisdictions. A class 1 firearm and
dangerous weapon licenseholder is eligible to receive reciprocal rights in more
jurisdictions than a class 2 firearm and dangerous weapon licenseholder. The rights
and privileges conveyed by a class 1 or class 2 firearm and dangerous weapon license
within the state are identical.
### § 62.1-04-03. License to carry a firearm or dangerous weapon concealed - Class 1

firearm license and class 2 firearm and dangerous weapon license.
1. The director of the bureau of criminal investigation shall issue a license to carry a
firearm or dangerous weapon concealed upon review of an application submitted to
the director if the following criteria are met:

a. The applicant is at least twenty-one years of age for a class 1 firearm license or
at least eighteen years of age for a class 2 firearm and dangerous weapon
license;
b. The applicant can demonstrate that the applicant is a resident of this state by
providing a copy of a valid driver's license or state-issued identification card from
this state that establishes personal identification through photographic means and
shows the applicant's name associated with a valid residential street address in
this state or the applicant possesses a valid driver's license or nondriver
identification from the applicant's state or territory of residence that establishes
personal identification through photographic means and shows the applicant's
name associated with a valid residential street address and a valid concealed
weapons license from the applicant's state of residence, which state has
reciprocity with this state under section 62.1-04-03.1;
c. The applicant is not an individual specified in section 62.1-02-01 and for a class 1
firearm license the applicant:
(1) Has not been convicted of a felony;
(2) Has not been convicted of a crime of violence;
(3) Has not been convicted of an offense involving the use of alcohol within
three years prior to the date of application;
(4) Has not been convicted of a misdemeanor offense involving the unlawful
use of narcotics or other controlled substances within ten years prior to the
date of application;
(5) Has not been convicted of an offense involving moral turpitude;
(6) Has not been convicted of an offense involving domestic violence;
(7) Has not been adjudicated by a state or federal court as mentally
incompetent, unless the adjudication has been withdrawn or reversed; and
(8) Is qualified to purchase and possess a firearm under federal law;
d. The applicant has successfully completed the testing procedure conducted by a
certified test administrator. The person conducting the testing may assess a
charge of up to one hundred dollars for conducting this testing. The attorney
general may certify a test administrator based upon criteria and guidelines
prescribed by the director of the bureau of criminal investigation;
e. The applicant satisfactorily completes the bureau of criminal investigation
application form and has successfully passed the criminal history records check
conducted by the bureau of criminal investigation and the federal bureau of
investigation. The applicant shall provide all documentation relating to any
court-ordered treatment or commitment for mental health or substance abuse.
The applicant shall provide the director of the bureau of criminal investigation
written authorizations for disclosure of the applicant's mental health or substance
abuse evaluation and treatment records. The bureau may deny approval for a
license if the bureau has reasonable cause to believe that the applicant or
licenseholder has been or is a danger to self or others as demonstrated by
evidence, including past pattern of behavior involving unlawful violence or threats
of unlawful violence; past participation in incidents involving unlawful violence or
threats of unlawful violence; or conviction of a weapons offense. In determining
whether the applicant or licenseholder has been or is a danger to self or others,
the bureau may inspect expunged or sealed records of arrests and convictions of
adults and juvenile court records; and
f. The applicant is not prohibited under federal law from owning, possessing, or
having a firearm under that individual's control.
2. The attorney general shall offer class 1 firearm and class 2 firearm and dangerous
weapon licenses to carry a firearm or dangerous weapon concealed under the
following requirements:
a. An applicant for a class 1 firearm license shall successfully participate in a
classroom instruction that sets forth weapon safety rules and the deadly force law
of North Dakota, complete an open book test based upon a manual, demonstrate

familiarity with a firearm, and complete an actual shooting or certified proficiency
exercise. Evidence of familiarity with a firearm to be concealed may be satisfied
by one of the following:
(1) Certification of familiarity with a firearm by an individual who has been
certified by the attorney general, which may include a law enforcement
officer, military or civilian firearms instructor, or hunter safety instructor;
(2) Evidence of equivalent experience with a firearm through participation in an
organized shooting competition, law enforcement, or military service;
(3) Possession of a license from another state to carry a firearm, concealed or
otherwise, which is granted by that state upon completion of a course
described in paragraphs 1 and 2; or
(4) Evidence that the applicant, during military service, was found to be
qualified to operate a firearm.
b. An applicant for a class 2 firearm and dangerous weapon license is required to
successfully complete the open book test offered for the class 1 firearm license.
c. A North Dakota resident who has a valid class 1 firearm license also may carry a
class 2 dangerous weapon without any further testing required. Class 1 and
class 2 permits are equally valid in this state.
d. Additional testing is not required to renew a class 2 firearm and dangerous
weapon license. A class 1 firearm license may be renewed upon successful
completion of the class 1 firearm requirements within thirty days before
submission of the application for renewal.
e. An individual who has a valid class 2 firearm license may apply to upgrade to a
class 1 firearm license within five years from the date the class 2 firearm license
was issued and upon successful completion of the requirements under this
chapter. An individual who has a valid class 1 firearm license may request to
convert the license to a class 2 firearm license before the expiration of the class 1
firearm license.
3. The director of the bureau of criminal investigation shall send by mail to a holder of a
license a notice of the procedures for renewal of the license issued under this section.
The director shall give the notice at least one hundred fifty days but not more than one
hundred eighty days before the expiration of the license.
4. The bureau of criminal investigation is required to process the application and make a
determination within sixty days of receipt of the properly completed application.
5. The fee for a concealed weapons license must be credited to the attorney general's
operating fund. All fees must be paid before the license application may be processed
by the director of the bureau of criminal investigation. The attorney general shall list
the fees associated with the license, including the costs of the fingerprint-based
federal criminal history record check, in the attorney general's administrative rules.
6. The director of the bureau of criminal investigation shall prescribe the form of the
application and license, which must include the name, address, description, a
photograph, and the signature of the individual. The application form must require
sufficient information to properly conduct a criminal history record check and be
accompanied by:
a. A photocopy of a valid driver's license or identification card issued by this state
which establishes personal identification through photographic means and shows
the applicant's name associated with a valid residential street address in this
state or a valid state-issued driver's license or nondriver identification from the
applicant's state or territory of residence which establishes personal identification
through photographic means and shows the applicant's name associated with a
valid residential street address and a valid concealed weapons license from the
applicant's state of residence, which has reciprocity with this state under section
62.1-04-03.1; and
b. Two sets of classifiable fingerprints. The two sets of classifiable fingerprints are
not required for a renewal of a concealed weapons license. The license is valid
for five years. The original license must be delivered to the licensee and an

electronic copy must be preserved for six years by the director. Access to license
information must be available to law enforcement through electronic means for
official law enforcement purposes. The applicant or licenseholder shall notify the
director of the bureau of criminal investigation of any change of address or any
other material fact which would affect the restrictions on or the need for the
license.
7. The director of the bureau of criminal investigation may deny an application or revoke
or cancel a license after it has been granted for any material misstatement by an
applicant in an application for the license or any violation of this title. The director of
the bureau of criminal investigation shall disclose to the applicant the specific reason
for denial or revocation of the license.
8. The applicant may appeal a denial or revocation of this license to the district court of
Burleigh County.
9. Information collected from an applicant under this section is confidential information.
However, the information may be disclosed:
a. To a governmental agency or court for a law enforcement purpose, including the
investigation, prosecution, or punishment of a violation of law.
b. To a court to aid in a decision concerning sentence, probation, or release pending
trial or appeal.
c. Pursuant to a court order or a judicial, legislative, or administrative agency
subpoena issued in this state.
10. The attorney general may adopt any rules necessary to implement this title.
### § 62.1-04-03.1. Reciprocity.

A person who has a valid license issued by another state to carry a concealed firearm or
dangerous weapon in that state and whose state grants to residents of this state the right to
carry a concealed firearm or dangerous weapon without requiring a separate license to carry a
concealed firearm or dangerous weapon issued by that state may carry, subject to the
provisions of this state's law, a concealed firearm or dangerous weapon in this state, and the
other state's license is valid in this state.
### § 62.1-04-04. Producing license upon request - Penalty.

1. An individual carrying a concealed firearm or dangerous weapon, for which a license
to carry concealed is required, shall have on the individual's person the license issued
by this or another state or a digital image of the individual's concealed firearm or
dangerous weapon license issued by this state on an electronic device and shall give
the license or digital image of the license to a law enforcement officer for an inspection
upon request by the officer. The failure of an individual to give the license or digital
image of the license to the officer is prima facie evidence the individual is illegally
carrying a firearm or dangerous weapon concealed.
2. An individual carrying a concealed firearm under the authority granted in subsection 2
of section 62.1-04-02 shall inform a law enforcement officer of the concealed firearm if
the officer inquires about the individual possession of a concealed firearm.
3. An individual carrying a concealed firearm under the authority granted in subsection 2
of section 62.1-04-02 shall have on the individual's person 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, or a digital image of the individual's valid
driver's license or nondriver identification card on a mobile device and shall provide the
license or card to a law enforcement officer for inspection upon request by the officer.
4. An individual who violates this section is guilty of a noncriminal offense punishable by
a fee of twenty dollars.
### § 62.1-04-05. Penalty.

Any person who violates this chapter is guilty of a class A misdemeanor.
