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

North Dakota § 62.1-02-01

• Jurisdiction: North Dakota
• Title 62.1: Weapons
• Ch. 62.1-02: Possession of Weapons

Text

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.