62.1-01-01. General definitions

62.1-01-01. General definitions

As used in this title, unless the context otherwise requires:

1. "Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar,

stiletto, sword, dagger, or knife with a blade of six inches [15.24 centimeters] or more;

any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap,

bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow,

crossbow, or spear; any weapon that will expel, or is readily capable of expelling, a

projectile by the action of a spring, compressed air, or compressed gas, including any

such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2

gun; and any projector of a bomb or any object containing or capable of producing and

emitting any noxious liquid, gas, or substance. "Dangerous weapon" does not include

a spray or aerosol containing CS, also known as ortho-chlorobenzamalonitrile; CN,

also known as alpha-chloroacetophenone; or other irritating agent intended for use in

the defense of an individual, nor does the term include a device that uses voltage for

the defense of an individual, unless the device uses a projectile and voltage or the

device uses a projectile and may be used to apply multiple applications of voltage

during a single incident, then the term includes the device for an individual who is

prohibited from possessing a firearm under this title.

2. "Direct supervision of an adult" means that an adult is present in such close proximity

so as to be capable of observing and directing the actions of the individual supervised.

3. "Firearm" or "weapon" means any device that expels or is readily capable of expelling

a projectile by the action of an explosive and includes any such device, loaded or

unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun,

bazooka, or cannon.

4. "Gaming site" means any room or premises licensed by the attorney general or by a

city or county governing body to conduct legal gaming operations.

5. "Government building" means a building which is owned, possessed, or used by or

leased to the state of North Dakota, or any of its political subdivisions.

6. "Handgun" means any firearm that is not designed to be fired from the shoulder, which

has a barrel less than sixteen inches [40.64 centimeters] long, and which is capable of

firing, by the energy of an explosive in a fixed metallic cartridge, an exposed projectile

through a rifled bore. The term includes all firearms that are designed to be readily

modified between rifle and pistol forms, if in compliance with the National Firearms Act

[26 U.S.C. 5801-5872].

7. "Law enforcement officer" means:

a. A public servant authorized by law or by a government agency or branch to

enforce the law and to conduct or engage in investigations or prosecutions for

violations of law; or

b. A retired public servant in good standing who:

(1) Was authorized by law or by a government agency or branch for at least ten

years to enforce the law and to conduct or engage in investigations or

prosecutions for violations of law or who was separated from service due to

a service-related physical disability;

(2) Maintains the;

(a) Same level of firearms proficiency as is required by the peace officers

standards and training board for law enforcement officers, maintains

the standards for qualifications in firearms training for active law

enforcement officers as determined by the former agency of the

individual in the state in which the individual resides;

(b) Standards used by a certified firearms instructor qualified to conduct a

firearms qualification test for active duty officers in the state in which

the individual resides; or

cement officers, maintains

the standards for qualifications in firearms training for active law

enforcement officers as determined by the former agency of the

individual in the state in which the individual resides;

(b) Standards used by a certified firearms instructor qualified to conduct a

firearms qualification test for active duty officers in the state in which

the individual resides; or

(c) Standards for qualification in firearms training as determined by the

attorney general used by a certified concealed weapon test

administrator qualified to conduct a firearms qualification test by the

attorney general for retired officers in the state or out-of-state;

(3) Has a photo identification card issued by a local law enforcement agency

which identifies the individual as having been employed by a government

agency or branch as a law enforcement officer and indicates the individual

has passed the firearms proficiency test within twelve months from the date

of issue; and

(4) Has not been found by a qualified medical professional to be unqualified for

reasons relating to mental health or entered an agreement with a

government agency or branch in which the public servant acknowledges a

lack of qualifications for reasons relating to the mental health of the public

servant.

8. "Machine gun, submachine gun, or fully automatic rifle" means a firearm, mechanism,

or instrument not requiring that the trigger be pressed for each shot, and having a

reservoir, belt, or other means of storing and carrying ammunition which can be loaded

into the firearm, mechanism, or instrument and fired therefrom at a rate of five or more

shots to the second. The term does not include a binary trigger that fires one round

upon the pull of the trigger and one round upon release of the trigger.

9. "Mentally deficient individual" means any individual, minor or adult other than a

mentally ill individual, who is so mentally defective as to be incapable of managing that

individual's affairs and to require supervision, control, and care for that individual's own

or the public welfare.

10. "Plain view" means the handgun is placed in such a location or carried in such a

position as to be easily discernible by the ordinary observation of a passerby. In a

motor vehicle, this includes being placed on the seat, dashboard, or in a gunrack as

long as the handgun is not covered or is in any other way concealed from view.

11. "Possession" means an individual has:

a. Direct physical control of something on or around the individual's person; or

b. The power and intention to exercise control over something accessible to but not

on or around the individual's person.

12. "Rifle" means any firearm designed or redesigned, made or remade, and intended to

be fired from the shoulder and using the energy of the explosive in a fixed metallic

cartridge to fire only a single projectile through a rifled bore for each pull of the trigger.

13. "Secured" means the firearm is closed into the trunk or nonpassenger part of the

vehicle; placed into a closed and secure carrying device; rendered inoperative by the

use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the

firearm incapable of firing until the device is unlocked and removed; or so

disassembled or disabled as to be rendered incapable of firing.

14. "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches

[40.64 centimeters] in length and any firearm made from a rifle, whether by alteration,

modification, or otherwise, if the firearm, as modified, has an overall length of less than

twenty-six inches [66.04 centimeters].

15 "Short-barreled shotgun" means a shotgun having one or more barrels less than

eighteen inches [45.72 centimeters] in length and any firearm made from a shotgun,

whether by alteration, modification, or otherwise, if the firearm, as modified, has an

y alteration,

modification, or otherwise, if the firearm, as modified, has an overall length of less than

twenty-six inches [66.04 centimeters].

15 "Short-barreled shotgun" means a shotgun having one or more barrels less than

eighteen inches [45.72 centimeters] in length and any firearm made from a shotgun,

whether by alteration, modification, or otherwise, if the firearm, as modified, has an

overall length of less than twenty-six inches [66.04 centimeters].

16. "Shotgun" means a firearm designed or redesigned, made or remade, and intended to

be fired with one hand below or behind and one hand in front of the breach, which

uses the energy of the explosive in a fixed shotgun shell to fire through a smooth or a

rifled bore either a number of ball shot or a single projectile for each single pull of the

trigger.

17. "Silencer" means any device for or attached to any firearm which will silence or

deaden the sound or natural report of the firearm when it is discharged.

18. "Unloaded" means the chamber of the firearm does not contain a loaded shell. If the

firearm is a revolver, then none of the chambers in the cylinder may contain a loaded

shell.