North Dakota Statewide Rule
North Dakota Open Carry Firearms Rules
Key Facts
- Open Carry
- Open carry of long guns generally allowed for adults
- License
- Loaded handgun open carry at night requires a license
- Schools, Gaming,
- Schools, gaming, and liquor sites remain restricted
- Local Governments
- Local governments preempted from adding rules
- Posted Public
- Posted public buildings may prohibit firearms
Summary
North Dakota permits open carry of firearms by eligible adults under NDCC 62.1, with location-based limits and the state preempting most local open carry restrictions.
62.1-03-01. Carrying handgun - Limitations - Exceptions. 1. Unless otherwise prohibited by law, an individual may carry a handgun if the handgun is unloaded and in plain view or secured. 2. A limitation under subsection 1 does not apply to: a. An individual possessing a valid concealed weapons license from this state, an individual not otherwise precluded from possessing a class 2 firearm and dangerous weapon license under chapter 62.1-04 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, or an individual who has reciprocity under section 62.1-04-03.1.
Full Breakdown
Open carry of firearms is generally lawful in North Dakota for adults legally able to possess a firearm. Loaded handguns carried openly between sunset and sunrise require a concealed weapon license under NDCC 62.1-03-01. Long guns may be openly carried in most public spaces, though restrictions apply in posted public buildings, schools, gaming sites, and liquor establishments. Vehicle carry rules treat a firearm carried openly differently than concealed firearms. Because firearms regulation is preempted under NDCC 62.1-01-03, local governments cannot adopt additional open carry bans, though they retain authority to restrict carry in publicly owned buildings.
Violations & Penalties
Carrying a loaded handgun openly at night without a license is a class A misdemeanor under NDCC 62.1-03-01. Open carry in prohibited locations such as schools or gaming sites can result in misdemeanor or felony charges. Possession by ineligible persons remains a felony regardless of whether carry is open or concealed.
Frequently Asked Questions
Can I openly carry a rifle in North Dakota?
Do cities have any open carry authority?
Are loaded handguns treated differently?
Sources
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