North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1352 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0506.02001
2		-	Title.03000
3		-	Adopted by the Energy and Natural
4		-	Resources Committee
	1	+	25.0506.02000
5	2		Sixty-ninth
6		-	February 21, 2025
7	3		Legislative Assembly
8	4		of North Dakota
9	5		Introduced by
10	6		Representatives Koppelman, Kasper, Marschall, M. Ruby, Vetter, Louser
11	7		Senators Boehm, Castaneda, Clemens, Cory, Meyer
12	8		A BILL for an Act to create and enact a new section to chapter 62.1-02 of the North Dakota
13	9		Century Code, relating to exemption from liability for public and private entities; and to amend
14	10		and reenact section 62.1-02-05 of the North Dakota Century Code, relating to possession of
15	11		firearms or dangerous weapons at a church or place of worship.
16	12		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
17	13		SECTION 1. A new section to chapter 62.1-02 of the North Dakota Century Code is created
18	14		and enacted as follows:
19	15		Exemption from liability for public and private entities .
20	16		Notwithstanding any other provision of law, a public or private entity may not be held liable
21	17		for any injury or death or damage to property caused by an individual permitted to carry a
22	18		dangerous weapon concealed under this chapter.
23		-	SECTION 1. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is
	19	+	SECTION 2. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is
24	20		amended and reenacted as follows:
25	21		62.1-02-05. Possession of a firearm or dangerous weapon at a public gathering -
26	22		Penalty - Application.
27	23		1.An individual may not possess a firearm or dangerous weapon at:
28	24		a.A school or school-sponsored event on school property; or
29	25		b.A church or other place of worship; or
30	26		c.A publicly owned or operated building.
31	27		2.This section does not apply to:
32		-	Page No. 1 25.0506.02001
	28	+	a.A law enforcement officer, or a correctional officer employed by the department of
	29	+	corrections and rehabilitation or by a correctional facility governed by chapter
	30	+	12-44.1. A correctional officer employed by the department of corrections and
	31	+	rehabilitation may carry a firearm only as authorized in section 12-47-34. A
	32	+	Page No. 1 25.0506.02000
33	33		HOUSE BILL NO. 1352
34		-	~~PROPOSED AMENDMENTS TO~~
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55	59		Legislative Assembly
56		-	a.A law enforcement officer, or a correctional officer employed by the department of
57		-	corrections and rehabilitation or by a correctional facility governed by chapter
58		-	12-44.1. A correctional officer employed by the department of corrections and
59		-	rehabilitation may carry a firearm only as authorized in section 12-47-34. A
60	60		correctional officer employed by a correctional facility governed by chapter
61	61		12-44.1 may carry a firearm or dangerous weapon only as authorized in section
62	62		12-44.1-30;
63	63		b.An individual who is on an ambulance or firefighter crew while the individual is on
64	64		duty if:
65	65		(1)The individual has written permission from the governing body or owner of
66	66		the fire department or ambulance service;
67	67		(2)The individual possesses a valid class 1 concealed weapons license;
68	68		(3)The individual has successfully completed a weapons training course
69	69		developed by the North Dakota private investigative and security board; and
70	70		(4)The governing body or owner of the fire department or ambulance crew
71	71		provides written notice to the bureau of criminal investigation of the
72	72		individuals authorized or no longer authorized to carry a firearm or
73	73		dangerous weapon under this section, including that all training and
74	74		certification requirements have been satisfied;
75	75		c.A member of the armed forces of the United States or national guard, organized
76	76		reserves, state defense forces, or state guard organizations, when on duty;
77	77		d.A competitor participating in an organized sport shooting event;
78	78		e.A gun or antique show;
79	79		f.A participant using a blank cartridge firearm at a sporting or theatrical event;
80	80		g.A firearm or dangerous weapon carried in a temporary residence or motor
81	81		vehicle;
82	82		h.A student and an instructor at a hunter safety class;
83	83		i.Private and public security personnel while on duty;
84	84		j.A state or federal park;
85	85		k.An instructor, a test administrator, an official, or a participant in educational,
86	86		training, cultural, or competitive events involving the authorized use of a
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	87	+	dangerous weapon if the event occurs with permission of the person or entity
	88	+	with authority over the function or premises in question;
	89	+	l.An individual in a publicly owned or operated rest area or restroom;
	90	+	Page No. 2 25.0506.02000
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119	121		Legislative Assembly
120		-	dangerous weapon if the event occurs with permission of the person or entity
121		-	with authority over the function or premises in question;
122		-	l.An individual in a publicly owned or operated rest area or restroom;
123	122		m.An individual who is authorized under section 62.1-04-02 to carry a firearm or
124	123		dangerous weapon concealed or who has reciprocity under section 62.1-04-03.1
125	124		authorizing the individual to carry a firearm or dangerous weapon concealed if
126	125		the individual is in a church building or other place of worship and the primary
127	126		religious leader or the governing body of the church or other place of worship
128	127		approves the individual or group of individuals to carry a firearm or dangerous
129	128		weapon through a policy or any other means;
130	129		n.A state, federal, or municipal court judge, a district court magistrate judge or
131	130		judicial referee, and a staff member of the office of attorney general if the
132	131		individual maintains the same level of firearms proficiency as is required by the
133	132		peace officer standards and training board for law enforcement officers. A local
134	133		law enforcement agency shall issue a certificate of compliance under this section
135	134		to an individual who is proficient;
136	135		o.n.An individual's storage of a firearm or dangerous weapon in a building that is
137	136		owned or managed by the state or a political subdivision, provided:
138	137		(1)The individual resides in the building;
139	138		(2)The storage is inside the individual's assigned residential unit; and
140	139		(3)The storage has been consented to by the state, the governing board, or a
141	140		designee; and
142	141		p.o.An individual authorized to carry a concealed weapon on school property under
143	142		section 62.1-02-14.
144	143		3.This section does not prevent any political subdivision from enacting an ordinance that
145	144		is less restrictive than this section relating to the possession of firearms or dangerous
146	145		weapons at a public gathering. An enacted ordinance supersedes this section within
147	146		the jurisdiction of the political subdivision.
148	147		4.Notwithstanding any other provision of law, a church or place of worship may not be
149	148		held liable for any injury or death or damage to property caused by an individual
150	149		permitted to carry a dangerous weapon concealed under this section.
151		-	Page No. 3 25.0506.02001
	150	+	5.This section does not prevent the governing body of a school or the entity exercising
	151	+	control over a publicly owned or operated building or property from authorizing the use
	152	+	Page No. 3 25.0506.02000
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183	183		Legislative Assembly
184		-	5.This section does not prevent the governing body of a school or the entity exercising
185		-	control over a publicly owned or operated building or property from authorizing the use
186	184		of a less than lethal weapon as part of the security plan for the school, building, or
187	185		property.
188	186		6.5.An individual who knowingly violates this section is guilty of an infraction.
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