State prohibition on extreme risk protection provisions; and to provide a penalty.
Impact
If enacted, HB1411 would represent a significant shift in the regulatory landscape concerning firearm ownership in North Dakota. By preempting all levels of government from instituting extreme risk protection measures, it could deter local jurisdictions from crafting ordinances that aim to temporarily restrict access to firearms for those identified as risky. This could have implications for public safety and community protection standards, as local governments would be unable to create tailored responses to specific needs or situations.
Summary
House Bill 1411 seeks to create a section within the North Dakota Century Code that explicitly prohibits the adoption, implementation, or enforcement of extreme risk protection provisions by state agencies or political subdivisions. This legislation defines 'extreme risk protection provisions' as any rules or orders that would restrict access to firearms for individuals deemed to be at an extreme risk of personal harm or harm to others. The bill emphasizes the protection of firearm ownership rights and seeks to eliminate state or local measures aimed at temporarily removing firearms from individuals under such circumstances.
Contention
The bill is likely to spark considerable debate among lawmakers, advocacy groups, and the public. Proponents of HB1411 may argue that it serves to protect constitutional rights and ensures freedom from excessive government intervention regarding personal safety and firearm ownership. However, opponents may raise concerns about the potential dangers of allowing individuals with extreme risk factors to retain access to firearms, emphasizing the need for community safety measures and temporary restrictions during crises. The nature of these discussions may focus on the delicate balance between individual rights and public safety.
Notable_points
HB1411 also establishes penalties for violations of its provisions, classifying any violations as a Class B felony. This introduces significant legal repercussions for any entities or individuals that attempt to enforce extreme risk protection measures, highlighting the bill's firm stance on the protection of firearm access.
A BILL for an Act to provide for a legislative management study relating to statutory provisions that prohibit certain individuals from possessing a firearm.
Criminal code definitions, weapons definitions, mandatory prison terms for armed offenders, and persons who are not to possess firearms; and to provide a penalty.