62.1-01-03.1. Federal firearms laws - Limitations on enforcement

62.1-01-03.1. Federal firearms laws - Limitations on enforcement

1. As used in this section, "firearm accessory" means an item used in conjunction with or

mounted on a firearm but is not essential to the basic function of a firearm. The term

includes a detachable firearm magazine.

2. An agency or political subdivision of the state and a law enforcement officer or

individual employed by an agency or political subdivision of the state may not provide

assistance to a federal agency or official or act independently with respect to the

investigation, prosecution, or enforcement of a violation of a federal statute, order, rule,

or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition

enacted after January 1, 2021, if the federal statute, order, rule, or regulation is more

restrictive than state law, unless:

a. The federal agency appeals to the federal district court of the federal district in

which the violation or possible violation occurred or would occur and the court

finds probable cause that a national security threat exists;

b. The violation also is a violation under this title; or

c. The violation also is a violation of chapter 12.1-16, 12.1-17, 12.1-18, 12.1-20,

12.1-41, or 19-03.1.

3. This section does not prohibit an agency or political subdivision of the state or a law

enforcement officer or individual employed by an agency or political subdivision of the

state from providing assistance to a federal agency or official for an offense not related

to firearms or an offense to which firearms are incidental, including a drug offense,

homicide, assault, kidnapping, sex offense, or human trafficking.

4. This section does not prohibit law enforcement from providing assistance to a federal

agency or official if the investigation also pertains to a felony violation of state law.