North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1411 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.0804.02000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Heilman, Koppelman, D. Johnston, Kasper, M. Ruby, Toman
7	7	A BILL for an Act to create and enact section 62.1-01-03.2 of the North Dakota Century Code,
8	8	relating to state prohibition on extreme risk protection provisions; and to provide a penalty.
9	9	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10	10	SECTION 1. Section 62.1-01-03.2 of the North Dakota Century Code is created and
11	11	enacted as follows:
12	12	Preemption of extreme risk protection provisions - Penalty.
13	13	1.As used in this section:
14	14	a."Arm" means a weapon of offense, ammunition, parts, equipment or armor used
15	15	in the defense of self, and accessories typical to the normal function and use as
16	16	intended.
17	17	b.(1)"Extreme risk protection provision" means a rule, statute, ordinance,
18	18	guideline, executive order, or judicial order issued by a court or signed by a
19	19	magistrate or other officer of the court, prohibiting an individual who is an
20	20	extreme risk of personal injury or death to that individual or another from
21	21	accessing an arm, by one or more of the following:
22	22	(a)Prohibiting an individual from owning, possessing, using, purchasing,
23	23	manufacturing, or otherwise receiving an arm.
24	24	(b)Removing an arm from the possession or control of an individual or
25	25	requiring an individual to surrender any arms the individual owns,
26	26	possesses, or controls.
27	27	(c)Requiring an individual to surrender any license or permit allowing the
28	28	individual to possess an arm.
29	29	Page No. 1 25.0804.02000
30	30	HOUSE BILL NO. 1411
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53	53	22 Sixty-ninth
54	54	Legislative Assembly
55	55	(2)Extreme risk protection provision does not include a domestic violence
56	56	protection order or an order for involuntary commitment issued under
57	57	chapters 14 - 07.1 and 25 - 03.1.
58	58	2.A person, including a state agency or political subdivision, may not adopt, implement,
59	59	or enforce an extreme risk protection provision.
60	60	3.Except for the department of health and human services, a state agency or political
61	61	subdivision may not use any personnel or funds appropriated by the legislative
62	62	assembly or any other source of funds to implement any statute, rule, executive order,
63	63	judicial order, or judicial findings that would have the effect of enforcing an extreme
64	64	risk protection provision.
65	65	4.Any person that violates this section is guilty of a class B felony.
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