North Dakota Gun Laws (2026): Constitutional Carry, Class 1 & Class 2 CWL

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Last updated April 2026 · By Nick Hall, CCW instructor familiar with North Dakota’s 2017 constitutional carry framework under HB 1169 and the two-tier Class 1 / Class 2 concealed weapon license system through the Attorney General’s office

Disclaimer: This is an editorial round-up of North Dakota gun laws. We do our best to make sure it’s correct, but do not rely on this as legal advice. If you’re unsure about anything, consult a North Dakota-licensed firearms attorney.

Firearm Safety & Legal: Educational content only. You’re responsible for safe handling and legal compliance. Always:
  • Treat every gun as loaded
  • Point the muzzle in a safe direction
  • Keep your finger off the trigger until you’re ready to shoot
  • Know your target and what’s beyond
Secure storage is mandatory. This is not a substitute for professional training. Full disclaimer

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North Dakota Gun Laws in 2026: What You Need to Know

TL;DR: North Dakota gun laws in 2026 are among the most permissive in the country. North Dakota is a constitutional carry state since August 1, 2017 (HB 1169). Permitless concealed carry is legal for any lawful adult with a valid state ID, and open carry is legal at 18+ without a permit under NDCC 62.1-03-01. The optional Class 1 and Class 2 concealed weapon licenses (CWL) under NDCC 62.1-04 remain available for reciprocity. No magazine limits, no assault weapons ban, no red flag law. Stand Your Ground and Castle Doctrine codified in NDCC 12.1-05-07, strong state preemption under NDCC 62.1-01-03.

NDCC 62.1-04 North Dakota Concealed Weapon License / Constitutional Carry

An individual 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, and who is not otherwise precluded from possessing a firearm under federal or state law, may carry a firearm concealed under this chapter without a license...The Class 1 license...must include classroom instruction on the use of deadly force, firearm safety, and a written test, plus actual firing of the handgun. The Class 2 license...requires an open-book written test.

Source: North Dakota Legislature — NDCC 62.1-04 Last verified
NDCC 12.1-05-07 North Dakota Stand Your Ground

An individual is not required to retreat within or from that individual's dwelling or place of work or from an occupied motor vehicle, unless that individual was the original aggressor or is assailed by another individual who the individual knows also dwells or works there...An individual who is not engaged in unlawful activity and is in any place where that individual has a right to be is not required to retreat before using force, including deadly force, in self-defense.

Source: North Dakota Legislature — NDCC 12.1-05-07 Last verified

ND gun laws sit firmly in the top tier of pro-gun jurisdictions. Constitutional carry arrived via HB 1169, signed by then-Governor Doug Burgum and effective August 1, 2017. The law authorizes any lawful state resident holding a valid North Dakota driver’s license or non-driver ID card to carry a concealed handgun without a permit. A 2023 amendment extended the same rights to out-of-state residents holding a valid driver’s license or ID from their home state, as long as they can legally possess a firearm.

North Dakota maintains an optional two-tier concealed weapon license system under NDCC 62.1-04 administered by the Office of the Attorney General. The Class 1 CWL (age 21+) requires classroom instruction on deadly-force law and firearms safety, a written test, and a live-fire qualification. The Class 2 CWL (age 18+) requires only an open-book written test. Class 1 is recognized in more states through reciprocity than Class 2.

Governor Kelly Armstrong took office in January 2025, succeeding Doug Burgum (who moved to the Trump administration as U.S. Secretary of the Interior). Governor Armstrong has signaled support for continued pro-gun legislation. No material carry framework changes have been enacted in the 2025-2026 session.

Whether you’re a North Dakota resident, moving here, or passing through, this page covers the 2026 rules with statute citations and official sources. North Dakota gun laws sit within our broader U.S. gun laws by state hub.

North Dakota Gun Laws: The Highlights

TL;DR: North Dakota gun laws allow constitutional carry for any lawful adult with a valid state ID, optional Class 1 / Class 2 CWL for reciprocity under NDCC 62.1-04, open carry legal at 18+ without permit, no magazine or AWB restrictions, no red flag law, Stand Your Ground at NDCC 12.1-05-07, and strong state preemption at NDCC 62.1-01-03.

  • Constitutional Carry State since August 1, 2017 under HB 1169. Any lawful resident 18+ with a valid ND driver’s license or non-driver ID can carry concealed without a permit. 2023 amendment extended the same right to out-of-state visitors with valid home-state ID.
  • Optional Class 1 CWL under NDCC 62.1-04-03. Age 21+, classroom training on deadly-force law and firearms safety, written test, live-fire qualification. Broad reciprocity with ~36 states.
  • Optional Class 2 CWL under NDCC 62.1-04-03. Age 18+, open-book written test only. Narrower reciprocity (~25 states).
  • Open carry legal without permit for anyone 18+ who can legally possess a firearm under NDCC 62.1-03-01.
  • No state magazine capacity limit, no assault weapons ban, no firearm registration, no waiting period under NDCC 62.1-01-01.
  • No state universal background check. Federal NICS applies at licensed FFL dealers only. Private sales between North Dakota residents are unregulated at the state level.
  • Stand Your Ground and Castle Doctrine codified in NDCC 12.1-05-07. No duty to retreat anywhere you have a legal right to be.
  • No red flag law. North Dakota has not passed an Extreme Risk Protection Order statute.
  • Strong state preemption under NDCC 62.1-01-03. Cities, counties, and townships cannot enact firearm ordinances stricter than state law.
  • NFA items (suppressors, SBRs, SBSs, pre-1986 machine guns) legal with federal ATF approval. Suppressor hunting permitted under ND Game and Fish rules.

For the official state resource, see the North Dakota Attorney General’s Concealed Weapon License page.

Key Information at a Glance

Key Information: North Dakota Gun Laws at a Glance (2026)

Fast answers first, with official sources at the bottom.

Permitless CarryYes (Constitutional Carry, HB 1169 of 2017)
Open CarryLegal without permit, 18+ (NDCC 62.1-03-01)
Concealed CarryLegal without permit with valid ID, 18+
Optional CWL Class 1Shall-issue via AG, 21+, training + live-fire, 5-year validity
Optional CWL Class 2Shall-issue via AG, 18+, written test only, 5-year validity
Background ChecksFederal NICS at licensed dealers. No state requirement for private sales.
Purchase PermitNot required
Waiting PeriodNone
Firearm RegistrationNot required
Magazine Capacity LimitsNone
Assault Weapon BanNo
Red Flag LawNo
Stand Your GroundYes (NDCC 12.1-05-07)
Castle DoctrineYes (NDCC 12.1-05-07)
State PreemptionYes (NDCC 62.1-01-03)
NFA Items (Suppressors/SBRs)Legal with federal ATF approval
Suppressor HuntingPermitted under ND Game and Fish rules

Constitutional Carry: How HB 1169 Changed North Dakota

TL;DR: North Dakota gun laws shifted to constitutional carry on August 1, 2017 when HB 1169 took effect under Governor Doug Burgum. Any lawful resident holding a valid ND driver’s license or non-driver ID can carry concealed without a permit. A 2023 amendment extended the same right to out-of-state visitors with valid home-state ID.

HB 1169 of 2017 established North Dakota constitutional carry and represented a significant liberalization of the state’s gun laws. The bill amended NDCC 62.1-04 to allow any qualified resident to carry a concealed firearm without obtaining a Class 1 or Class 2 CWL. The only statutory conditions were that the carrier hold a valid ND driver’s license or non-driver ID, be legally able to possess a firearm under state and federal law, and notify law enforcement if asked during a lawful stop.

A 2023 amendment expanded constitutional carry to out-of-state residents. Under the current statute, any adult holding a valid driver’s license or non-driver ID card from any U.S. state or territory of residence can carry concealed in North Dakota without a permit, provided they can legally possess a firearm. This is unusually permissive — most constitutional carry states limit the right to their own residents.

North Dakota constitutional carry applies to handguns. Open carry of handguns and long guns remains legal under the older NDCC 62.1-03-01 framework, also without a permit.

Class 1 vs Class 2 Concealed Weapon License

TL;DR: North Dakota gun laws maintain an optional two-tier concealed weapon license under NDCC 62.1-04-03. The Class 1 CWL requires age 21+, classroom training on deadly-force law and safety, a written test, and live-fire qualification, with reciprocity in ~36 states. The Class 2 CWL requires age 18+ and only an open-book written test, with narrower reciprocity (~25 states). Both are shall-issue through the Office of the Attorney General.

Even though North Dakota concealed carry operates under a constitutional carry baseline, the optional CWL remains useful for reciprocity with states that still require a permit. The two-tier system under NDCC 62.1-04-03 lets applicants choose the tier that matches their intended use.

  • Class 1 CWL (recommended for travelers). Age 21+. Classroom instruction on North Dakota deadly-force law and firearms safety, a written test, and a documented live-fire qualification. Recognized in approximately 36 other states. Typical cost $60 state fee plus $60-$120 training. Valid 5 years.
  • Class 2 CWL. Age 18+. Open-book written test only (no mandatory live-fire). $45 state fee, faster process. Narrower reciprocity — approximately 25 states. Valid 5 years. Useful for ND residents who want a paper permit for NICS bypass or travel to reciprocity-recognized states.

Both North Dakota CWL tiers are administered by the North Dakota Office of the Attorney General under Attorney General Drew Wrigley, via the Bureau of Criminal Investigation (BCI). Applicants submit fingerprints, complete a background check, and provide proof of training where required. The CWL is valid for 5 years and is renewable.

A valid CWL exempts the holder from NICS under 18 U.S.C. § 922(t)(3) at FFL purchases and provides reciprocity in other states. Class 1 is the stronger choice if you travel regularly.

Who Can Carry a Gun in North Dakota?

TL;DR: Age 18+ for open carry and permitless concealed carry under the state’s constitutional carry framework. Age 21+ for the optional Class 1 CWL. Must not be federally prohibited under 18 U.S.C. § 922(g) and must hold a valid ND or home-state driver’s license or non-driver ID to carry concealed under the constitutional carry framework.

North Dakota gun laws set one of the most permissive age floors in the country. Any adult 18 or older who can legally possess a firearm may carry it openly or concealed without a permit, as long as they hold a valid driver’s license or non-driver ID. Federal prohibited-person rules under 18 U.S.C. § 922(g) always apply.

The federal handgun-purchase age at FFL dealers remains 21 under 18 U.S.C. § 922(b)(1), so 18-20 year olds typically acquire handguns through private transfer or family gift. Once acquired, they can carry under the constitutional carry framework.

Purchasing a Firearm in North Dakota

TL;DR: North Dakota gun laws require no state purchase permit, no waiting period, and no state universal background check. Federal NICS applies at licensed FFL dealers only. Private sales between North Dakota residents are unregulated at the state level beyond federal prohibited-person rules.

Here’s the step-by-step process for a first-time North Dakota buyer:

  • Choose a licensed dealer or private seller. Both are legal. For local shops, see our best gun stores in North Dakota guide.
  • Complete ATF Form 4473. Required at FFL dealers.
  • Pass the federal NICS background check. Handled by the FBI. North Dakota does not operate a state point-of-contact system.
  • Take delivery. No state waiting period. Same-day pickup.
  • Optional: Apply for a Class 1 or Class 2 CWL. A valid ND CWL exempts you from NICS under 18 U.S.C. § 922(t)(3) on future FFL purchases and provides reciprocity.

Private sales between North Dakota residents are unregulated at the state level beyond federal prohibited-person rules under 18 U.S.C. § 922(d). The seller should know or have good reason to believe the buyer is not a prohibited person.

State Preemption

TL;DR: North Dakota gun laws include strong state preemption under NDCC 62.1-01-03. Cities, counties, and townships cannot enact firearm ordinances stricter than state law on purchase, ownership, possession, transportation, registration, or discharge.

NDCC 62.1-01-03 is one of the stronger preemption statutes in the upper Midwest. It prevents Fargo, Bismarck, Grand Forks, Minot, and every other North Dakota city or township from creating its own firearms regulations on top of state law. The provision was strengthened in 2019 to close narrow loopholes around parks and municipal facilities. North Dakota also adopted a symbolic Second Amendment Sanctuary State resolution in 2021 (HCR 3047), signaling legislative intent to protect firearms rights against federal overreach — the resolution has no binding legal effect but reinforces the state’s pro-gun posture.

Local authorities retain narrow authority over the discharge of firearms within city limits as a noise and safety matter, but cannot require additional permits or registration beyond state law.

Federal Law Still Sets the Ceiling

TL;DR: North Dakota’s permissive laws operate inside federal constraints. NFA rules, federal prohibited-person lists, and gun-free federal buildings apply regardless of state law.

North Dakota cannot override federal firearm law. Federal prohibited-person rules under 18 U.S.C. § 922(g) always apply. Federal buildings remain gun-free zones under 18 U.S.C. § 930. NFA items (suppressors, SBRs, SBSs, machine guns, AOWs, destructive devices) require ATF approval through Form 4.

Reciprocity: Out-of-State Permits

Blank map of the United States, territories not included Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia West Virginia Wisconsin Wyoming District of Columbia District of Columbia
Permissive / Constitutional Carry Selective Reciprocity Restricted / No Reciprocity This State

North Dakota Concealed Carry at a Glance

Constitutional carry: Yes

Honors non-resident permits: Yes — broad reciprocity

Classification: Constitutional carry / honors all valid permits

Map base: Wikimedia Commons (CC BY-SA). Color overlay and reciprocity data by USA Gun Shop.

Can I Carry in North Dakota?

Select your home state to see if your permit authorizes carry in North Dakota.

Select your home state to see the result.
Reciprocity is subject to change. Verify with the target state's attorney general before traveling.

TL;DR: North Dakota honors any valid concealed carry permit from any other state. Additionally, out-of-state visitors without a permit can carry concealed in North Dakota under the expanded constitutional carry framework if they hold a valid driver’s license or non-driver ID from their home state and can legally possess a firearm. The Class 1 CWL is recognized in approximately 36 states; Class 2 in approximately 25.

North Dakota is generous on reciprocity. The state recognizes any valid concealed carry permit from any other state. North Dakota concealed carry is built around this broad honoring principle. The 2023 amendment to constitutional carry extended the same right to visitors without any permit, as long as they meet the statutory ID and eligibility requirements.

The ND Class 1 CWL is recognized in roughly 36 states through reciprocity. The ND Class 2 CWL is recognized in approximately 25 states. The reciprocity list is maintained by the North Dakota Attorney General’s office.

North Dakota Gun Laws for Out-of-State Visitors

TL;DR: North Dakota honors every other state’s concealed carry permit and extends constitutional carry to out-of-state visitors with valid home-state ID. Visitors can carry concealed with their home-state permit, concealed under ND’s constitutional carry framework, or openly without any permit. The prohibited-places list applies equally to residents and visitors.

If you’re visiting North Dakota from another state, you have three straightforward options for carrying legally. First, North Dakota honors every valid concealed carry permit from every other state. Second, the 2023 amendment to constitutional carry allows visitors with a valid home-state driver’s license or non-driver ID to carry concealed without any permit, as long as they can legally possess a firearm. Third, open carry is legal for any adult 18 or older without any permit under NDCC 62.1-03-01. The prohibited-places list applies equally to visitors and residents — schools, courthouses, and posted private property stay off-limits regardless of permit or residency status.

Moving to North Dakota with Firearms

TL;DR: North Dakota welcomes relocating gun owners. Bring your firearms, update your driver’s license, and you can carry concealed under the constitutional carry framework. No registration, no purchase permit. Apply for a Class 1 CWL if you want reciprocity with other states you may travel to.

If you’re relocating to North Dakota, the transition is one of the easier ones in the country. Out-of-state firearms you bring in are legal to possess as long as you can lawfully own them under federal law — there is no state registration requirement, no magazine cap, and no assault weapons ban. Once you obtain a North Dakota driver’s license or non-driver ID card, you can carry concealed under the constitutional carry framework immediately. If you want reciprocity with other states for future travel, apply for the Class 1 CWL through the Office of the Attorney General.

Where You Can’t Carry

TL;DR: North Dakota gun laws prohibit concealed or open carry in certain listed locations under NDCC 62.1-02-04 and 62.1-02-05. The list includes K-12 schools, courthouses, public gatherings where local authorities have specifically prohibited firearms, certain state-owned buildings, and posted private property. Full list in the statute.

Prohibited Places in North Dakota

North Dakota maintains a narrow prohibited-places list compared to neighboring states. State parks, most government buildings outside courthouses, and most restaurants serving alcohol are NOT off-limits by default.

Schools
  • K-12 public and private schools
  • School grounds
NDCC 62.1-02-05
Courthouses
  • Courthouses and courtrooms
NDCC 62.1-02-04
Public gatherings
  • Public gatherings where local authorities have specifically posted a prohibition
NDCC 62.1-02-04
Intoxication
  • Carrying while intoxicated (under the influence of alcohol or controlled substances) is prohibited, with narrow self-defense exceptions on one's own property
NDCC 62.1-02-13
Elections
  • Polling places on election day
ND Century Code
Federal buildings
  • Federal courthouses, post offices, agency offices
  • Secure areas of airports (TSA)
18 U.S.C. § 930
Private property
  • Posted private property where owner has communicated a no-firearms policy
NDCC 62.1-02-05
Last verified Source: Official state statutes

Under North Dakota law, concealed or open carry is generally prohibited in:

  • K-12 public and private schools and school grounds under NDCC 62.1-02-05
  • Courthouses and courtrooms
  • Public gatherings where local authorities have specifically prohibited firearms (must be noticed by posted sign)
  • Federal buildings under 18 U.S.C. § 930
  • Secure areas of airports under TSA regulations
  • Polling places on election day
  • Posted private property where the owner has communicated a no-firearms policy
  • Certain state-owned buildings with posted prohibition notices
  • Carrying while intoxicated under NDCC 62.1-02-13 (possession while under the influence of alcohol or controlled substances is prohibited, with narrow exceptions for self-defense on one’s own property)

North Dakota law is relatively narrow on prohibited places compared to neighboring Minnesota or Illinois. State parks, most government buildings outside courthouses, and most restaurants that serve alcohol are not off-limits by default. Concealed carry is legal in most public spaces as long as no specific statutory prohibition applies and no no-firearms sign has been posted.

North Dakota Self-Defense Laws: Stand Your Ground and Castle Doctrine

TL;DR: North Dakota gun laws include Stand Your Ground and Castle Doctrine codified in NDCC 12.1-05-07. No duty to retreat anywhere you have a legal right to be. Strong Castle Doctrine covers dwelling and occupied vehicle with a presumption of reasonable belief when defending against an unlawful intruder.

North Dakota’s self-defense framework is in NDCC Chapter 12.1-05 and was substantially updated in 2021 when the legislature codified Stand Your Ground explicitly. Key provisions:

  • NDCC 12.1-05-07, Stand Your Ground. No duty to retreat anywhere the defender has a legal right to be, as long as they are not the initial aggressor. Deadly force is justified when reasonably believed necessary to prevent imminent death, serious bodily harm, or certain forcible felonies.
  • Castle Doctrine. Presumption of reasonable belief when defending against an unlawful intruder in a dwelling or occupied vehicle. The statute presumes the defender acted in reasonable fear of imminent death or serious bodily harm.
  • Civil immunity. Individuals who use justified force for self-defense are immune from civil suit by the attacker or their estate under NDCC 12.1-05-07.1.
  • Not an initial aggressor. Self-defense protections do not apply if the defender provoked the confrontation or was engaged in criminal activity.

Standard self-defense limitations apply: force must be proportionate to the threat, cannot be used against law enforcement officers acting in official capacity, and cannot be used after the threat has ended.

Magazine Capacity and Assault Weapons

TL;DR: No state magazine capacity limit. No assault weapons ban. No feature-test restrictions on rifles, shotguns, or pistols.

North Dakota gun laws impose no state-level restrictions on magazine capacity or “assault weapon” features. Standard 30-round AR-15 magazines, 17-round Glock magazines, 10/22 factory mags, and drum magazines are all legal for possession, sale, transfer, and use under NDCC 62.1-01-01. Feature tests used by other states — pistol grips, flash hiders, adjustable stocks, threaded barrels — have no legal significance here.

NFA Items: Suppressors, SBRs, and Machine Guns

TL;DR: NFA items (suppressors, SBRs, SBSs, pre-1986 machine guns) are legal in North Dakota with proper federal ATF approval. Suppressor hunting is permitted under ND Game and Fish rules. The federal $200 tax stamp was eliminated for suppressors, SBRs, SBSs, and AOWs effective January 1, 2026 under the OBBBA.

North Dakota does not add state-level restrictions to federal NFA items. Ownership of suppressors, SBRs, SBSs, destructive devices, and lawfully registered pre-1986 civilian machine guns requires the standard ATF Form 4 process. Suppressor hunting is permitted under ND Game and Fish Department regulations — a popular use case given the state’s large deer, waterfowl, and upland bird populations.

Effective January 1, 2026, the federal $200 transfer tax for suppressors, SBRs, SBSs, and AOWs was eliminated under the One Big Beautiful Bill Act (OBBBA) passed in 2025. The Form 4 process, background check, and registration requirements remain in place. This is a material cost reduction for ND owners buying suppressors for hunting use.

Red Flag Laws

TL;DR: North Dakota has no red flag law. The legislature has declined to pass Extreme Risk Protection Order legislation. Firearms can be removed only through criminal conviction, a domestic violence protective order, involuntary mental health commitment, or voluntary surrender.

North Dakota has consistently rejected ERPO legislation. Outside of a red flag framework, firearms can be removed from an individual through:

  • Criminal conviction triggering federal 18 U.S.C. § 922(g) disqualification
  • A qualifying domestic violence protective order under NDCC Chapter 14-07.1
  • Involuntary mental health commitment under NDCC Chapter 25-03.1
  • Voluntary surrender to law enforcement or a licensed dealer

Recent Changes (2023-2026)

TL;DR: The biggest recent change to North Dakota gun laws was the 2023 amendment extending constitutional carry to out-of-state visitors with valid home-state ID. The federal OBBBA (2025) eliminated the NFA $200 tax stamp effective January 1, 2026. Governor Kelly Armstrong took office in January 2025, succeeding Doug Burgum.

  • January 1, 2026: Federal OBBBA takes effect eliminating the $200 NFA tax stamp for suppressors, SBRs, SBSs, and AOWs.
  • January 2025: Governor Kelly Armstrong (R) takes office, succeeding Governor Doug Burgum (R), who moved to the Trump administration as U.S. Secretary of the Interior.
  • 2023: Legislature amended NDCC 62.1-04 to extend constitutional carry to out-of-state visitors holding a valid driver’s license or non-driver ID from their home state.
  • 2021: Legislature codified Stand Your Ground under NDCC 12.1-05-07, formalizing prior case-law “no duty to retreat” principles and adding civil immunity provisions.
  • 2019: State preemption under NDCC 62.1-01-03 strengthened to close local-ordinance loopholes around municipal parks and facilities.
  • August 1, 2017: HB 1169 takes effect. North Dakota becomes a constitutional carry state for lawful residents with valid ND driver’s license or non-driver ID.

For current legislative tracking, see the North Dakota Legislative Assembly.

Our Take

TL;DR: North Dakota gun laws (ND gun laws) are among the most gun-friendly in the country. Constitutional carry for residents and visitors alike, optional two-tier CWL for reciprocity, open carry at 18+, no magazine or AWB restrictions, Stand Your Ground, strong preemption, no red flag law. The 2023 extension of constitutional carry to out-of-state visitors with home-state ID makes ND one of the easiest states to pass through with a firearm.

For practical everyday purposes, North Dakota gun laws treat lawful gun ownership the way most pro-gun states want it treated: minimal state intervention, no permit required for normal carry, and strong statutory protections for self-defense. The unusual 2023 amendment extending constitutional carry to out-of-state visitors with home-state ID is a genuine differentiator — most constitutional carry states stop at their own residents. If you’re driving through ND with a firearm, you’re legal without any paperwork.

Practical takeaways for a North Dakota gun owner:

  • Get the Class 1 North Dakota CWL if you travel. It’s recognized in ~36 states, provides a NICS bypass at FFL purchases, and costs roughly $120-$180 total with training.
  • Know the Castle Doctrine presumption at NDCC 12.1-05-07. The statute presumes reasonable fear when an intruder enters a dwelling or occupied vehicle unlawfully.
  • Take advantage of suppressor hunting. NFA items are legal, the $200 tax stamp is gone as of January 2026, and ND Game and Fish permits suppressor use for game harvest.
  • State preemption keeps your rights portable within ND. What’s legal in Fargo is legal in Williston. No local permit requirements on top of state law.
  • Visitors welcome. If you’re driving through with a home-state driver’s license and a firearm, you’re legal under the constitutional carry framework. No separate permit required.

Bookmark the ND Attorney General Concealed Weapon License page and NDCC Title 62.1 for current law.

Frequently Asked Questions

Is North Dakota a constitutional carry state?

Yes. North Dakota became a constitutional carry state on August 1, 2017 under HB 1169, signed by then-Governor Doug Burgum. Any lawful resident 18 or older holding a valid ND driver's license or non-driver ID card can carry concealed without a permit. A 2023 amendment to NDCC 62.1-04 extended the same right to out-of-state visitors holding a valid driver's license or ID from their home state, as long as they can legally possess a firearm. Open carry is also legal at 18+ without any permit under NDCC 62.1-03-01.

What is the difference between a Class 1 and Class 2 CWL in North Dakota?

North Dakota gun laws maintain an optional two-tier concealed weapon license system under NDCC 62.1-04-03. The Class 1 CWL requires age 21+, classroom instruction on deadly-force law and firearms safety, a written test, and a documented live-fire qualification — recognized in approximately 36 states through reciprocity. The Class 2 CWL requires age 18+ and only an open-book written test with no mandatory live-fire — recognized in approximately 25 states. Both are shall-issue through the Office of the Attorney General, valid 5 years, and useful for NICS bypass at FFL purchases under 18 U.S.C. § 922(t)(3).

Do I need a permit to buy a gun in North Dakota?

No. North Dakota gun laws require no state purchase permit, no waiting period, and no state universal background check. Handgun and long gun purchases at licensed FFL dealers run through the federal NICS check only, administered by the FBI. Private sales between North Dakota residents are unregulated at the state level beyond federal prohibited-person rules under 18 U.S.C. § 922(d). Age minimums at FFL dealers are 18 for long guns and 21 for handguns, but once lawfully acquired, 18-20 year olds can possess and carry handguns under state law.

Does North Dakota have Stand Your Ground?

Yes. Stand Your Ground is codified in NDCC 12.1-05-07. You have no duty to retreat anywhere you have a legal right to be and are not the initial aggressor. Deadly force is justified when reasonably believed necessary to prevent imminent death, serious bodily harm, or certain forcible felonies. The Castle Doctrine under the same statute provides a presumption of reasonable fear when defending against an unlawful intruder in a dwelling or occupied vehicle. Civil immunity is provided under NDCC 12.1-05-07.1 for justified uses of force.

Does North Dakota recognize other states' concealed carry permits?

Yes. North Dakota honors every valid concealed carry permit from every other state. Additionally, out-of-state visitors without any permit can carry concealed in North Dakota under the 2023 amendment to the constitutional carry framework as long as they hold a valid driver's license or non-driver ID card from their home state and can legally possess a firearm. Open carry is also legal for any adult 18+ without any permit. The prohibited-places framework under NDCC 62.1-02-05 applies equally to residents and visitors.

Does North Dakota have magazine capacity limits or an assault weapons ban?

No. North Dakota gun laws impose no state-level magazine capacity limit and no assault weapons ban under NDCC 62.1-01-01. Standard 30-round AR-15 magazines, 17-round Glock magazines, and drum magazines are all legal to possess, sell, transfer, and use. Feature tests used by other states — pistol grips, flash hiders, adjustable stocks, threaded barrels — have no legal significance in North Dakota. Strong state preemption under NDCC 62.1-01-03 prevents cities and counties from adding local magazine or assault weapons restrictions.

Does North Dakota have a red flag law?

No. North Dakota has not passed an Extreme Risk Protection Order (ERPO) or red flag law. The legislature has declined to advance ERPO bills in recent sessions. Firearms can be removed only through criminal conviction triggering federal 18 U.S.C. § 922(g), a qualifying domestic violence protective order under NDCC Chapter 14-07.1, involuntary mental health commitment under NDCC Chapter 25-03.1, or voluntary surrender to law enforcement or a licensed dealer.

Can I hunt with a suppressor in North Dakota?

Yes. North Dakota allows suppressor hunting under North Dakota Game and Fish Department regulations. Suppressors are legal to own with federal ATF Form 4 approval through the standard NFA process. The federal $200 NFA transfer tax for suppressors, SBRs, SBSs, and AOWs was eliminated effective January 1, 2026 under the One Big Beautiful Bill Act (OBBBA) of 2025, but the Form 4 process, background check, and registration remain in place. Suppressors are popular in ND for deer hunting, predator calling, and waterfowl applications, and the tax-stamp repeal has driven a significant increase in new applications statewide.

Explore More States

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