North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0508.03001
2		-	Title.04000
3		-	Adopted by the Energy and Natural
4		-	Resources Committee
	1	+	25.0508.03000
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, Frelich, J. Johnson, Novak, M. Ruby
11	7		Senators Magrum, Boehm, Castaneda, Cory, Paulson
12		-	A BILL for an Act to create and enact ~~twoa~~ new sections to chapter 62.1-02 of the North Dakota
	8	+	A BILL for an Act to create and enact two new sections to chapter 62.1-02 of the North Dakota
13	9		Century Code, relating to exemption from liability for public and private entities and possession
14	10		of firearms or dangerous weapons at a publicly owned or operated building; and to amend and
15	11		reenact section 62.1-02-05 of the North Dakota Century Code, relating to possession of
16		-	firearms or dangerous weapons at a school or school-sponsored event on school propertypublic
17		-	gathering.
	12	+	firearms or dangerous weapons at a school or school-sponsored event on school property.
18	13		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
19	14		SECTION 1. A new section to chapter 62.1-02 of the North Dakota Century Code is created
20	15		and enacted as follows:
21	16		Exemption from liability for public and private entities.
22	17		Notwithstanding any other provision of law, a public or private entity may not be held liable
23	18		for any injury or death or damage to property caused by an individual permitted to carry a
24	19		dangerous weapon concealed under this chapter.
25		-	SECTION 1. A new section to chapter 62.1-02 of the North Dakota Century Code is created
	20	+	SECTION 2. A new section to chapter 62.1-02 of the North Dakota Century Code is created
26	21		and enacted as follows:
27	22		Possession of a firearm or dangerous weapon at a publicly owned or operated
28	23		building.
29	24		1.A city, county, or township, may enact and enforce an ordinance prohibiting the
30		-	possession Possession of a firearm or dangerous weapon is prohibited in public areas of within a
31		-	publicly owned or operated building if:
32		-	Page No. 1 25.0508.03001
	25	+	possession of a firearm or dangerous weapon in public areas of a publicly owned or
	26	+	operated building if:
	27	+	a.All individuals possessing a valid class 1 or class 2 firearm and dangerous
	28	+	weapons license are restricted from possessing a firearm; and
	29	+	b.Access is not permitted unless an individual passes through equipment that
	30	+	detects weapons and is staffed by armed security personnel.
	31	+	2.This section does apply to nonpublic areas of a publicly owned and operated building.
	32	+	Page No. 1 25.0508.03000
33	33		HOUSE BILL NO. 1365
34		-	~~PROPOSED AMENDMENTS TO~~
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55	59		Legislative Assembly
56		-	a. 1. All individuals possessing a valid class 1 or class 2 firearm and dangerous weapons
57		-	license are restricted from possessing a firearm; and
58		-	b. 2. Access is not permitted unless an individual passes through equipment that detects
59		-	weapons and is staffed by armed security personnel.
60		-	2. This section does apply to nonpublic areas of a publicly owned and operated building.
61		-	SECTION 2. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is
	60	+	SECTION 3. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is
62	61		amended and reenacted as follows:
63	62		62.1-02-05. Possession of a firearm or dangerous weapon at a public gatheringon
64	63		school property - Penalty - Application.
65	64		1.An individual may not possess a firearm or dangerous weapon at:
66	65		a.A a school or school-sponsored event on school property;
67	66		b.A church or other place of worship; or
68		-	c.A Nonpublic areas within a publicly owned or operated building.; or
69		-	c. A building operated by the university system.
	67	+	c.A publicly owned or operated building.
70	68		2.This section does not apply to:
71	69		a.A law enforcement officer, or a correctional officer employed by the department of
72	70		corrections and rehabilitation or by a correctional facility governed by chapter
73	71		12-44.1. A correctional officer employed by the department of corrections and
74	72		rehabilitation may carry a firearm only as authorized in section 12-47-34. A
75	73		correctional officer employed by a correctional facility governed by chapter
76	74		12-44.1 may carry a firearm or dangerous weapon only as authorized in section
77	75		12-44.1-30;
78	76		b.An individual who is on an ambulance or firefighter crew while the individual is on
79	77		duty if:
80	78		(1)The individual has written permission from the governing body or owner of
81	79		the fire department or ambulance service;
82	80		(2)The individual possesses a valid class 1 concealed weapons license;
83	81		(3)The individual has successfully completed a weapons training course
84	82		developed by the North Dakota private investigative and security board; and
85	83		(4)The governing body or owner of the fire department or ambulance crew
86	84		provides written notice to the bureau of criminal investigation of the
87		-	Page No. 2 25.0508.03001
	85	+	individuals authorized or no longer authorized to carry a firearm or
	86	+	dangerous weapon under this section, including that all training and
	87	+	certification requirements have been satisfied;
	88	+	c.A member of the armed forces of the United States or national guard, organized
	89	+	reserves, state defense forces, or state guard organizations, when on duty;
	90	+	d.A competitor participating in an organized sport shooting event;
	91	+	Page No. 2 25.0508.03000
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119	123		Legislative Assembly
120		-	individuals authorized or no longer authorized to carry a firearm or
121		-	dangerous weapon under this section, including that all training and
122		-	certification requirements have been satisfied;
123		-	c.A member of the armed forces of the United States or national guard, organized
124		-	reserves, state defense forces, or state guard organizations, when on duty;
125		-	d.A competitor participating in an organized sport shooting event;
126	124		e.A gun or antique show;
127	125		f.A participant using a blank cartridge firearm at a sporting or theatrical event;
128	126		g.A firearm or dangerous weapon carried in a temporary residence or motor
129	127		vehicle;
130	128		h.A student and an instructor at a hunter safety class;
131	129		i.Private and public security personnel while on duty;
132	130		j.A state or federal park;
133	131		k.An instructor, a test administrator, an official, or a participant in educational,
134	132		training, cultural, or competitive events involving the authorized use of a
135	133		dangerous weapon if the event occurs with permission of the person or entity
136	134		with authority over the function or premises in question;
137	135		l.An individual in a publicly owned or operated rest area or restroom;
138	136		m.An individual who is authorized under section 62.1-04-02 to carry a firearm or
139	137		dangerous weapon concealed or who has reciprocity under section 62.1-04-03.1
140	138		authorizing the individual to carry a firearm or dangerous weapon concealed if
141	139		the individual is in a church building or other place of worship and the primary
142	140		religious leader or the governing body of the church or other place of worship
143	141		approves the individual or group of individuals to carry a firearm or dangerous
144	142		weapon through a policy or any other means;
145	143		n.A state, federal, or municipal court judge, a district court magistrate judge or
146	144		judicial referee, and a staff member of the office of attorney general if the
147	145		individual maintains the same level of firearms proficiency as is required by the
148	146		peace officer standards and training board for law enforcement officers. A local
149	147		law enforcement agency shall issue a certificate of compliance under this section
150	148		to an individual who is proficient;
151		-	Page No. 3 25.0508.03001
	149	+	o.An individual's storage of a firearm or dangerous weapon in a building that is
	150	+	owned or managed by the state or a political subdivision, provided:
	151	+	(1)The individual resides in the building;
	152	+	(2)The storage is inside the individual's assigned residential unit; and
	153	+	(3)The storage has been consented to by the state, the governing board, or a
	154	+	designee; and
	155	+	Page No. 3 25.0508.03000
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183	187		Legislative Assembly
184		-	o.An individual's storage of a firearm or dangerous weapon in a building that is
185		-	owned or managed by the state or a political subdivision, provided:
186		-	(1)The individual resides in the building;
187		-	(2)The storage is inside the individual's assigned residential unit; and
188		-	(3)The storage has been consented to by the state, the governing board, or a
189		-	designee; and
190	188		p.k.An individual authorized to carry a concealed weapon on school property under
191	189		section 62.1-02-14.
192	190		3.This section does not prevent any political subdivision from enacting an ordinance that
193	191		is less restrictive than this section relating to the possession of firearms or dangerous
194	192		weapons at a public gatheringschool or school-sponsored event on school property .
195	193		An enacted ordinance supersedes this section within the jurisdiction of the political
196	194		subdivision.
197	195		4.Notwithstanding any other provision of law, a church or place of worship may not be
198	196		held liable for any injury or death or damage to property caused by an individual
199	197		permitted to carry a dangerous weapon concealed under this section.
200	198		5.This section does not prevent the governing body of a school or the entity exercising
201	199		control over a publicly owned or operated building or property from authorizing the use
202	200		of a less than lethal weapon as part of the security plan for the school, building, or
203	201		property.
204	202		6.5.An individual who knowingly violates this section is guilty of an infraction.
205		-	Page No. 4 25.0508.~~03001~~
	203	+	Page No. 4 25.0508.03000
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