Brief Overview Of North Dakota State Laws Concerning Air Guns
North Dakota state law defines air guns as “dangerous weapons”. Unless otherwise specified, any mention of dangerous weapons included air guns, this is important when examining North Dakota state laws.
How old do you need to be to purchase a BB gun, airgun, air rifle or pellet gun in North Dakota?
In North Dakota you must be 18 Years Old to purchase a BB gun, airgun, air rifle or pellet gun.
North Dakota Air Gun Laws
Section 62.1-01-01. General definitions.
As used in this title, unless the context otherwise requires:
“Dangerous weapon” includes any … projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance. “Dangerous weapon” does not include a spray or aerosol containing CS, also known as ortho-chlorobenzamalonitrile; CN, also known as alpha-chloroacetophenone; or other irritating agent intended for use in the defense of an individual, nor does the term include a device that uses voltage for the defense of an individual, unless the device uses a projectile and voltage or the device uses a projectile an d may be used to apply multiple applications of voltage during a single incident, then the term includes the device for an individual who is prohibited from possessing a firearm under this title.
Chapter 62.1-02 – Possession of Weapons
Section 62.1-02-01. Persons who are not to possess firearms – Penalty.
1. 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 of section 12.1-01-04, a destructive device or an explosive, is prohibited from owning a firearm or having one in possession or under control from the date of conviction and continuing for a period of 5 years after the date of conviction or the date of release from incarceration, parole, or probation, whichever is latest.
Section 62.1-02-05. Possession of a firearm or dangerous weapon at a public gathering — Penalty — Application.
An individual who knowingly possesses a firearm or dangerous weapon at a public gathering is guilty of an infraction. For the purpose of this section, “public gathering” means an athletic or sporting event, a school, a church or other place of worship, and a publicly owned or operated building.
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. 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;
c. A competitor participating in an organized sport shooting event;
d. A gun or antique show;
e. A participant using a blank cartridge firearm at a sporting or theatrical event;
f. A firearm or dangerous weapon carried in a temporary residence or motor vehicle;
g. A student and an instructor at a hunter safety class;
h. Private and public security personnel while on duty;
i. A state or federal park;
j. 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;
k. An individual in a publicly owned or operated rest area or restroom;
l. An individual possessing a valid concealed weapons license from this state 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 has the approval to carry in the church building or other place of worship by a primary religious leader of the church or other place of worship or the governing body of the church or other place of worship;
m. A state, federal, or municipal court 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;
n. 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
o. An individual authorized to carry a concealed weapon on school property under section 62.1-02-14.
This section does not prevent any political subdivision from enacting an ordinance that is less restrictive than this section relating to the possession of firearms or dangerous weapons at a public gathering. An enacted ordinance supersedes this section within the jurisdiction of the political subdivision.
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.
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.
Chapter 62.1-04 – Concealed Weapons
Section 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.
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 21 years of age for a class 1 firearm license or at least 18 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 from the applicant’s state 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 10 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 10 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 $50 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 alcohol 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 and alcohol 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 license holder 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 license holder 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.
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 30 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.
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 150 days but not more than 180 days before the expiration of the license.
The bureau of criminal investigation is required to process the application and make a determination within 60 days of receipt of the properly completed application.
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.
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 from the applicant’s state 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 2 sets of classifiable fingerprints are not required for a renewal of a concealed weapons license. The license is valid for 5 years. The original license must be delivered to the licensee and an electronic copy must be preserved for 6 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 license holder 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.
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.
The applicant may appeal a denial or revocation of this license to the district court of Burleigh County.
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.
The attorney general may adopt any rules necessary to implement this title.
Chapter 62.1-05 – Machine Guns, Automatic Rifles, Silencers, Bombs
Section 62.1-05-01. Possession and sale of machine guns, automatic rifles, silencers, and bombs – Penalty – Forfeiture.
A person may not purchase, sell, have, or possess a machine gun, fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases, or any other federally licensed firearm or dangerous weapon unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872].
Section 62.1-05-02. Persons exempt from chapter.
This chapter does not apply to:
The authorized agent and a servant of a person who has a license to purchase, sell, have, or possess a machine gun, submachine gun, fully automatic rifle, silencer, or a bomb loaded with explosives or poisonous or dangerous gases.
Any officer or member of a duly authorized military organization while on official duty and using the firearm or dangerous weapon issued to the officer or member by that organization.
A North Dakota law enforcement officer.
Any federal officer authorized by the federal government to have or possess a machine gun, submachine gun, fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases.
Chapter 23 – Offenses, Miscellaneous
Article IV – Weapons Offenses
Division 1 – Firearms
Section 23-1. Definitions.
The following definitions shall apply to the provisions of this chapter unless the context clearly indicates otherwise or unless another provision explicitly or by fair implication indicates to the contrary:
Firearm means any weapon which will expel, or is readily capable of expelling, a projectile by the action of an explosive and includes any such weapon, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka or cannon.
Section 23-57. Possession of a firearm or dangerous weapon at a public gathering, Penalty, Application.
(a) An individual who knowingly possesses a firearm or dangerous weapon at a public gathering is guilty of a class B misdemeanor. For the purpose of this section, “public gathering” means an athletic or sporting event, a school, a church, and a publicly owned or operated building.
(b) This section does not apply to:
(1) 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 of the North Dakota Century Code. A correctional officer employed by the department of corrections and rehabilitation may carry a firearm only as authorized in N.D.C.C. 12.44.1-30;
(2) A member of the armed forces of the United States or national guard, organized reserved, state defense forces, or state guard organizations, when on duty;
(3) A competitor participating in an organized sport shooting event;
(4) A gun or antique show;
(5) A participant using a blank cartridge firearm at a sporting or theatrical event;
(6) A firearm or dangerous weapon carried in a temporary residence or motor vehicle;
(7) A student and an instructor at a hunter safety class;
(8) Private and public security personnel while on duty;
(9) A state or federal park;
(10) 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;
(11) An individual in a publically owned or operated rest area or restroom;
(12) An individual possessing a valid concealed weapons license from this state or who has reciprocity under Section 62.1-04-03.1, N.D.C.C. authorizing the individual to carry a dangerous weapon concealed if the individual is in a church building or other place of worship and has the approval to carry in the church building or other place of worship by a primary religious leader of the church or other place of worship or the governing body of the church or other place of worship;
(13) A state, federal, or municipal court 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; and
(14) 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:
a. The individual resides in the building;
b. The storage is inside the individual’s assigned residential unit; and
c. The storage has been consented to by the state, the governing board, or a designee.
North Dakota Air Gun Hunting Regulations
North Dakota allows air gun hunting for certain species. These species include:
• Badger
• Beaver
• Coyote
• Fox
• Prairie Dog
• Rabbit
• Raccoon
• Skunk
Air Gun Laws In Local Jurisdictions
Below are the laws and ordinances for local jurisdictions in the state of North Dakotaregarding airguns, BB guns, pellet guns and airsoft guns:
DEVILS LAKE, NORTH DAKOTA – AIR GUN LAWS AND REGULATIONS
Code of Ordinances
9.36.030 – Discharging firearms.
A person is guilty of an offense if he or she discharges any gun or firearm within the limits of the city, subject to the following exceptions:
Q. Ventilation. In any range in which a .22 caliber rim-fire or center fire ammunition in being used, a positive flow ventilation system shall be installed prior to use. Such a system shall be adequate to remove contaminants in the air as not to endanger the health of users, coaches, spectators or employees. A positive flow ventilation system is not required, if the range is only to be used for spring or gas-powered pellet guns.
GRAND FORKS, NORTH DAKOTA – AIR GUN LAWS AND REGULATIONS
ARTICLE 2. NONCRIMINAL BREACHES OF PEACE AND ORDER – Grand Forks, North Dakota – Code of Ordinances
9-0207. – BB and pellet guns.
(1) It is unlawful for any person to discharge in the city or carry loaded in a vehicle 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, pellet gun or CO2 gun.
(2) This section shall not apply to lawful discharge by law enforcement officers, discharge by citizens in defense of person or property, discharge at structured events or competitions designed to test the skills of participants, discharge at licensed indoor target ranges or discharge in conjunction with educational or gun safety classes.
(Ord. No. 3546, § 2, 9-18-95; Ord. No. 3589, § 2, 5-20-96)
ARTICLE 1. CRIMINAL OFFENSES – Grand Forks, North Dakota – Code of Ordinances
9-0120. – Possession of dangerous weapons in park.
(1) It is unlawful for any person to have in his or her custody, possession, or control any dangerous weapon in any public park within the city.
(2) Dangerous weapon, for the purposes of this section, includes any switchblade, gravity knife, machete, stiletto, sword, or dagger; any throwing star, nunchaku, or other martial-arts weapons; any billy-club, blackjack, sap, bludgeon, metal knuckles; any slingshot; any bow and arrow, crossbow, or spear; any stun gun; any firearm; or any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas, or any BB gun, pellet gun, or air rifle.
(3) This section shall not prohibit the possession of a dangerous weapon by a licensed law enforcement official in the course and scope of his or her official duties.
(Ord. No. 4125, § XVI, 3-20-06)
Sec. 22-49. – Weapons—Unlawful discharge.
It shall be unlawful for any person within the city to fire or discharge any gun or firearm including, but not limited to, air guns or any other instrumentality used or employed in impelling a missile by compressed air or by a spring device, except officers in the discharge of their duties or members of the state militia on their rifle range or regularly organized gun clubs on their regular shooting grounds; provided that, nothing in this section shall be construed to apply to the firing of any gun or other firearm when done in defense of self or home or in other cases of actual necessity.
(R.O. 1938, ch. 33, § 8; Ord. No. 39; Ord. No. 323)
JAMESTOWN, NORTH DAKOTA – AIR GUN LAWS AND REGULATIONS
Chapter 22 OFFENSES—MISCELLANEOUS – Jamestown, North Dakota – Code of Ordinances
Sec. 22-49. – Weapons—Unlawful discharge.
It shall be unlawful for any person within the city to fire or discharge any gun or firearm including, but not limited to, air guns or any other instrumentality used or employed in impelling a missile by compressed air or by a spring device, except officers in the discharge of their duties or members of the state militia on their rifle range or regularly organized gun clubs on their regular shooting grounds; provided that, nothing in this section shall be construed to apply to the firing of any gun or other firearm when done in defense of self or home or in other cases of actual necessity.
(R.O. 1938, ch. 33, § 8; Ord. No. 39; Ord. No. 323)
MINOT, NORTH DAKOTA – AIR GUN LAWS AND REGULATIONS
ARTICLE I. IN GENERAL Minot, North Dakota Code of Ordinances
Sec. 23-1. Definitions.
The following definitions shall apply to the provisions of this chapter unless the context clearly indicates otherwise or unless another provision explicitly or by fair implication indicates to the contrary:
Dangerous weapon means, but is not limited to, any switchblade or gravity knife, machete, scimitar, stiletto, sword or dagger; any billy-jack, blackjack, sap, bludgeon, cudgel, metal knuckles or sand club; any slingshot; and bow and arrow, crossbow or spear; any weapon which 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, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas or substance.
WAHPETON, NORTH DAKOTA – AIR GUN LAWS AND REGULATIONS
DIVISION 1. GENERALLY – Wahpeton, North Dakota – Code of Ordinances
Sec. 26-136. – Concealed weapons
(5) A bow and arrow, an unloaded rifle or shotgun, or an unloaded 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 CO2 gun, while carried in a motor vehicle.
WATFORD CITY, NORTH DAKOTA – AIR GUN LAWS AND REGULATIONS
ARTICLE 6 Weapons, Firearms and Fireworks – Watford City, North Dakota – Code of Ordinances
9-602 – Weapons, Possession of, Exceptions;
No person in the city shall have in his possession, except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, “B-B gun”, gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a “peashooter”, “sling-shot”, or “beany”, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
1. Exception for Licensed and Other Specific Premises. The prohibition of sub-section 9-602 above shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of gallery, grounds, or residence.
2. Exception for Authorized Officials. The prohibition of this sub-section shall not be construed to forbid United States marshal, sheriffs, constables, and their deputies, and any regular, special, or ex-officio police officer, or any other law enforcement officer from carrying or wearing while on duty such weapons as shall be necessary in the proper discharge of their duties.
Disclaimer:
These rules and regulations were compiled to the best of my ability. The information on this article should not constitute as legal advice. Always check with your local jurisdiction for the final ruling.