North Dakota is a shall-issue state, although law enforcement has some discretion in issuing licenses to anyone they have reason to believe is or has been a danger to self or others. Concealed carry licenses are issued at the state level by the attorney general.
No permits, firearms registration or background checks are required to buy a handgun from a private individual.
Open carry of handguns is legal for residents with a Concealed Weapon License (CWL) and for non-residents with a valid resident concealed carry license from a state that North Dakota honors. The minimum age is 18. Some areas are off-limits, including bars.
The definition of concealed carry in North Dakota is if the weapon 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. The state allows permitless concealed carry for both residents and non-residents, as of August 1st, 2023. Individuals concealed carrying under permitless carry must carry their driver’s license or state ID and MUST inform law enforcement that they are in possession of the firearm upon any in-person contact by a law enforcement officer. Restrictions on places that a firearm may be possessed still apply.
North Dakota issues Class 1 and Class 2 CWLs. Both licenses are equally valid within North Dakota, but because of additional testing requirements, the holders of a Class 1 license have reciprocity in many more states than those who hold a Class 2 license. CWLs require completion of a state-certified firearms training course. North Dakota issues licenses to full-time active military duty stationed in ND and non-residents if they have a concealed carry permit from their home state, which must have reciprocity with North Dakota. The home state is determined by the driver’s license. In terms of reciprocity, there is some confusion. It appears that as of August 1, 2021, when HB 1293 went into effect, North Dakota will only honor resident permits from the states it honors. However, the ND Attorney General’s website indicates both resident and non-resident permits of those states will be honored. Therefore, the USCCA map shows the more conservative version until this issue is resolved.
Where can I carry with my North Dakota permit?
Yes
Yes, Constitutional Carry
Yes, Other Restrictions
No
49 States Honored | 39 Reciprocating States
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Important Firearm Laws
red flag law?
North Dakota does not have a red flag law.
preemption?
Yes, the state has preemption of firearms laws relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition in North Dakota. Based on the passage of HB 1248 on April 27, 2021, all such existing municipal ordinances are void and an individual may bring a civil action against a political subdivision for damages as a result of an unlawful ordinance.
non-resident permitting?
Yes, for those that have a concealed carry permit from their home state, which must have reciprocity with North Dakota. The process is the same as for residents.
duty to inform officer you're carrying?
Yes/No.
There is no duty to inform a law enforcement officer that you're carrying a concealed firearm for anyone with a concealed carry license.
Yes, for ND residents carrying without a license.
driver's license linked to carry license?
No. Your North Dakota driver’s license is not linked to your North Dakota concealed weapon license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information.
public access to concealed carry registry?
No, however the information is available to the courts.
carry while using alcohol or drugs?
Although in the Game, Fish & Predators section of the ND Century Code, no person may be afield at any time, with a gun or other firearm while intoxicated or under the influence of alcoholic beverages or drugs.
[N.D. Cent. Code § 20.1-01-06]
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
brandishing?
Based on the passage of HB 1498, as of August 1, 2021, an individual may brandish a dangerous weapon while on property owned or leased by the individual.
[per HB 1498, a new section is added to chapter 62.1-02]
An individual is guilty of disorderly conduct if, with intent to harass, annoy or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed or alarmed by the individual's behavior, the individual engages in fighting, or in violent, tumultuous or threatening behavior; or creates a hazardous, physically offensive or seriously alarming condition by any act that serves no legitimate purpose; or engages in harassing conduct by means of intrusive or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another person.
[N.D. Cent. Code § 12.1-31-01]
A person is guilty of menacing if he knowingly places or attempts to place another human being in fear by menacing him with imminent serious bodily injury.
"no weapons allowed" signs enforced?
No. North Dakota does not recognize "No Weapons Allowed" signs.
Carry Basics
minimum age for concealed carry?
You must be at least 18 years old to concealed carry in North Dakota.
weapons other than handguns allowed?
Yes. Under North Dakota law, “dangerous weapon” includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or any knife with a blade 5 inches or longer.
permitless carry?
Yes, On April 12, 2023, Governor Doug Burgum signed HB 1339, allowing both residents and non-residents the ability to concealed carry under North Dakota's permitless carry laws. It will also remove the 30-day requirement for IDs.
open carry permitted?
Yes, with a ND concealed weapon license or a resident permit from a state that ND recognizes. In addition, any person to carry an unloaded handgun.
gun permit licensure?
North Dakota is a shall-issue state.
magazine limits for handguns?
No. North Dakota imposes no limit on maximum handgun magazine capacity.
ammunition restrictions?
No. There are no restricted handgun ammo types in North Dakota.
non-lethal weapons?
STUN GUNS are exempt from the definition of “dangerous weapons" and are legal to purchase and possess without a license. A Taser that only delivers a single application of voltage is not considered a dangerous weapon and may be carried without a concealed weapon license. However, if the Taser is capable of delivering multiple applications of voltage, you must have a concealed weapon license. Stun guns and Tasers are not allowed in that part of the establishment that is 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
[ND Atty Genl Information page and N.D. Cent. Code § 62.1-02-04]
PEPPER SPRAY - Legal for self-defense purposes in North Dakota. There are no specific restrictions on size or concentration. Prohibited in schools, government buildings, and other restricted areas.
TEAR GAS - Legal for self-defense but subject to general misuse laws.
BEAR SPRAY - Legal for self-defense against wildlife. No specific state restrictions, but misuse against humans could lead to legal consequences.
BLUDGEONS AND BATONS - Expandable batons are legal to own but illegal to carry concealed without a permit. Open carry is permissible, but carrying a baton concealed is prohibited unless authorized by law.
Items such as billy clubs, slapjacks, and nightsticks are also legal unless used with criminal intent.
BRASS KNUCKLES - Illegal under North Dakota law. Brass knuckles are classified as "deadly weapons," and their possession, sale, or carry is prohibited.
byrna's?
Yes, these are legal for purchase and possession. Byrna guns are not classified as firearms under North Dakota law.
Handgun Purchase & Possession
possess a handgun on my private property without a license?
Yes. A concealed carry license is not required for anyone legally entitled to carry a firearm to carry a handgun on the person's land, or in that individual's permanent or temporary residence, or fixed place of business.
minimum age to possess and transport?
18 years old is the minimum age to possess and transport a handgun in North Dakota. A person under the age of 18 may only possess a handgun while under the direct supervision of an adult for purposes of firearm safety training, target shooting, or hunting.
handgun registration?
No. Handguns do not need to be registered in North Dakota.
north dakota license exempts from background check?
Yes.
waiting period?
No. North Dakota does not have a waiting period for handgun purchases.
purchase permits?
No. A special permit is not required for buying a handgun in North Dakota.
background checks for private gun sales?
No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.
Top Gun Laws & Concealed Carry Permit Information For North Dakota Residents
Concealed Carry Basics Faq
carry while bow hunting?
Yes, but only if you are going to fill your gun license. No firearms, except handguns, may be in the hunter’s possession while hunting with a deer bow license. A handgun may not be used in any manner to assist in the harvest of a deer with an archery license.
what are the knife laws in north dakota?
It is legal to own any type of knife in North Dakota. It is legal to open carry any type of knife. It is legal to conceal carry dangerous weapons with a concealed carry license. Permitless carry does not extend to knives. Dangerous weapons include any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger or any knife with a blade 5 inches or longer. A dangerous weapon is considered to be concealed if it is worn on the body or kept in a vehicle where it is within reach of the carrier and is not discernible as a weapon by ordinary observation. It is not considered to be concealed if it is locked in a trunk or luggage compartment of a vehicle, carried in a holster or case where it is wholly or substantially visible, or carried in any manner while lawfully hunting, trapping or target shooting.
Possession of firearms and dangerous weapons is prohibited at certain public events and gatherings, as well as schools and school functions. North Dakota municipalities, such as Bismark, Fargo and Grand Forks, may have additional restrictions.
[NDCC §§ 62.1-01-01, 62.1-02-04, 62.1-02-05, 62.1-04-01 & 62.1-04-02]
carry while gun hunting?
Yes.
hunter harassment law?
Yes. An individual may not intentionally interfere with the lawful taking of wildlife on public or private land by another or intentionally harass, drive, or disturb any wildlife on public or private land for the purpose of disrupting a lawful hunt.
wear a covid mask & carry?
There is no known statute in North Dakota making it illegal to wear a COVID mask while carrying concealed. A state statute was identified that refers to individuals concealing their identity with the intention to commit illegal acts or with intent to intimidate, however they do not address wearing a mask while legally carrying a concealed firearm.
Requirements:
An applicant must
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of North Dakota.
Valid For:
5 years
Name/Address Changes:
By law, you must notify the BCI of a change of address. Mail a letter with your full legal name, date of birth, old address and new address, and the effective date of the new address to:
BCI CWL – ADDRESS CHANGE
PO Box 1054
Bismarck, ND 58502
For security reasons, the BCI can only accept a change of address notification received by mail.
If you would like a replacement license with your new address, you must send in the old license with your address change letter. If you do not send in the old license, the BCI will not issue an updated license. You are not required to get an updated license - your license is still valid even if it has your old address. If you send in your license to have it updated, you cannot carry concealed until you receive the updated license. Please allow 2 - 3 weeks for the updated license to be issued.
Class 1/Class 2 Licenses
Class 1/Class 2 Licenses
The only difference between a Class 1 license and a Class 2 license is reciprocity.Both licenses are equally valid within North Dakota, but because of additional testing requirements, the holders of a Class 1 license have reciprocity in many more states than those who hold a Class 2 license.
Note: An individual who has a valid Class 2 license may apply to upgrade to a Class 1 license within 5 years from the date the Class 2 license was issued, by completing the additional testing requirements of a Class 1 license and submitting an application form along with the $60 application fee and required documents.
Residency Changes:
Moving to North Dakota and interested in applying for a resident license? How soon can you apply?North Dakota issues licenses to residents, full-time active military duty stationed in the state and to concealed carry permit holders of states which have reciprocity with North Dakota. You can apply for your license at any time. In order to apply for a resident license, you may need to provide a North Dakota driver's license or state ID.
Moving from North Dakota and have a North Dakota resident license? Does that license transfer to your new state? Is there a grace period during which your North Dakota license remains valid?If a person with a North Dakota concealed weapon license establishes residency in another state, the license is valid until it expires provided the individual notifies the BCI of a change of address.
Non-Resident Concealed Carry licenses:
North Dakota issues licenses to full-time active military duty stationed in ND and residents of states which have reciprocity with North Dakota, provided the individual possesses a valid concealed carry permit from that state. However, all testing must take place within the state of ND and cannot be held in conjunction with testing for any other state. The application must be submitted to the BCI within 30 days of the testing date.
Processing Time:
60 days
Fees:
Initial licenses and renewals: $60
Lost/Stolen licenses:
You may request a free replacement from the BCI. Simply send a written request to the BCI and include your full name, current address, date of birth and the reason you need a replacement license.
Application:
Step 1:
All new applicants must complete the required training before submitting an application. Contact a test administrator to schedule your training and testing. Check with the test administrator before completing the application - many test administrators provide a computer and printer at the training site for this purpose.
Step 2:
Decide if you want a Class 1 or Class 2 license.
Step 3:
Make an appointment with a test administrator and take a copy of the printed application to the testing appointment.The test administrator may charge up to $50 (plus range fees, if applicable). All first-time applicants must pass a written, open-book test based on the Concealed Weapon License Manual.
All testing must take place within the state of North Dakota and cannot be held in conjunction with testing for any other state. The application must be submitted to the BCI within 30 days of the testing date.
Step 4:
Applicants for a Class 1 license will also need to complete classroom instruction, demonstrate familiarity with the weapon, and successfully complete a firearms proficiency shooting test.
Step 5:
Gather the following required documents and submit them to the Bureau of Criminal Inspection (BCI) within 30 days of the testing date (Applications submitted more than 30 days after the testing date are invalid and cannot be processed):
Non-residents must include a copy of a valid concealed carry license from your home state of residence. (You are a resident of whichever state issued your driver’s license.) If your state does not have reciprocity with ND, you are not eligible for a ND license.
Non-resident active duty military must include a copy of your PCS orders to ND.
Applicants born outside of the U.S. must be a legal resident of the US. If you were born outside the U.S. or its territories, attach a copy of your US-issued Born Abroad birth certificate OR the Alien Registration/INS Registration documentation OR a Naturalization certificate OR a valid US Passport.
Mail the completed application and all required documents to:
BCI-CWL P.O. Box 1054 Bismarck ND 58502
The BCI does not accept applications submitted by fax, email or hand delivery.
Step 6:
You will be notified if your application has been approved.
carry at roadside rest areas?
Yes, under permitless concealed carry for residents and for non-residents with a resident permit from states that North Dakota recognizes.
carry/possess at a hotel?
North Dakota statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information.
carry in state/national parks, state/national forests and wildlife management areas (wmas)?
Yes, under permitless concealed carry for residents and for non-residents with a resident permit from states that North Dakota recognizes. See the National Parks webpage for links to each Park in North Dakota.
[State Forest Guide][N.D.Admin. Code § 30-04-02-05] [N. D. Cent. Code § 62.1-02-05.2.i]
store in a vehicle in an employee parking lot?
A public or private employer may not 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. Some parking areas are prohibited including school property, correctional facilities and institutions and businesses involved with homeland security or national defense, among others.
carry in vehicle?
Yes, for an individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under chapter 62.1-04 and who has been a resident for at least 30 days with a valid driver’s license or State ID. Non-residents must have a resident concealed carry permit from a state that ND honors. If the firearm is not loaded, a person may carry or possess it in a motor vehicle, concealed or unconcealed, even without a license.
carry in bars/restaurants that serve alcohol?
You can concealed carry in the restaurant area of an eatery that serves alcohol under permitless concealed carry for residents and for non-residents with a resident permit from states that North Dakota recognizes, unless posted. However, concealed carry is not allowed in bars or the bar areas of restaurants.
tribal lands
Sisseton-Wahpeton Oyate - Statute states that you can concealed carry with a valid permit that the SWO honors. However, it did not specify which permits those are. It is recommended to call tribal leaders before carrying concealed.
Spirit Lake Tribe - NO. Not without explicit written permission from a tribal judge and superintendent.
Standing Rock Sioux Tribe of North and South Dakota - Only with specific governmental approval. Statute did not specify what that was. It is recommended to call tribal leaders before carrying concealed.
Turtle Mountain Chippewa - NO
Immunity From Civil Liability for Justifiable Use of Force
Force which is intended or likely to cause death or bodily injury is immune from civil liability or the wrongful death of a person against whom such force was used if the use of such force was justified.
[N.D. Cent. Code §§ 12.1-05-03 thru 12.1-05-07.2]
Deadly Force
The use of deadly force is not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. An individual seeking to protect another individual must, before using deadly force, try to cause the other individual to retreat, or otherwise comply with the requirements of this provision, if safety can be obtained thereby. An individual is not justified in using more force than is necessary and appropriate under the circumstances.There is no duty to retreat anywhere a person is legally allowed to be.
Deadly force is justified in the following instances:
Self-Defense or the Defense of Others
A person is justified in using force to defend himself or herself against danger of imminent unlawful bodily injury, sexual assault or detention by another person. A person is justified in using force in order to defend anyone else if the person defended would be justified in defending himself or herself.
Immunity From Civil Liability for Justifiable Use of Force
Force which is intended or likely to cause death or bodily injury is immune from civil liability or the wrongful death of a person against whom such force was used if the use of such force was justified.
Self-Defense
North Dakota has a self-defense law based on the Castle Doctrine and based on the Governor’s signing of House Bill 1498, the State has a Stand Your Ground law that went into effect on August 1, 2021. There is no duty to retreat anywhere a person is legally allowed to be. North Dakota law provides immunity from civil liability for an individual who uses force as permitted by state law.
Use of Force in Defense of Premises and Property
Force is justified to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property.
North Dakota Gun Law Updates
DateDetails
2025-04-08
Added non-lethal weapons to Carry Basics section.
2024-12-23
Added tribal land information to carry location section.
2023-08-01
Added new law allowing permitless carry for non-residents
2021-08-04
Updated info on license requirements per HB-1450 in License Requirements section
2021-08-03
Updated info on the new Stand Your Ground law per HB-1498 in the Summary
2021-05-19
Added info on driver's license link to permit in At A Glance table
2021-04-28
Per HB 1293, updated Permitless Carry & Open Carry requirements to the At A Glance table and Summary
2021-04-28
Per HB 1297, updated can't carry locations in the Location Restrictions section
2021-04-28
Per HB 1248, updated preemption info in At A Glance table
2021-04-21
Updated info on brandishing in At A Glance table
2021-04-21
Updated info on the new Stand Your Ground law in the Summary
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