62.1-02-01. Persons who are not to possess firearms - Penalty

62.1-02-01. Persons who are not to possess firearms - Penalty

1. a. A person who has been convicted anywhere of a felony offense involving violence

or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent

felony offense of another state or the federal government is prohibited from

owning a firearm or having one in possession from the date of conviction and

continuing for ten years after the date of conviction or the date of release from

incarceration, parole, or probation, whichever is latest.

b. A person who has been convicted anywhere of a felony offense of this or another

state or the federal government not provided for in subdivision a or who has been

convicted of a class A misdemeanor offense involving violence or intimidation in

violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another

state or the federal government and the offense was committed while using or

possessing a firearm, a dangerous weapon, or, as defined in section 12.1-01-04,

a destructive device or an explosive, is prohibited from owning a firearm or having

one in possession from the date of conviction and continuing for five years after

the date of conviction or the date of release from incarceration, parole, or

probation, whichever is latest.

c. A person who is or has ever been diagnosed and confined or committed to a

hospital or other institution in this state or elsewhere by a court of competent

jurisdiction, other than a person who has had the petition that provided the basis

for the diagnosis, confinement, or commitment dismissed under section

25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another

jurisdiction, as a person requiring treatment as defined in section 25-03.1-02, or

as a mentally deficient individual, is prohibited from purchasing a firearm or

having one in possession. This limitation does not apply to a person who has not

suffered from the disability for the previous three years or who has successfully

petitioned for relief under section 62.1-02-01.2.

d. A person under the age of eighteen years may not possess a handgun except

that such a person, while under the direct supervision of an adult, may possess a

handgun for the purposes of firearm safety training, target shooting, or hunting.

e. A child who has been adjudicated delinquent of a felony offense involving

violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an

equivalent felony offense of another state or the federal government is prohibited

from owning a firearm or having one in possession from the date of adjudication

and continuing for ten years after the date of adjudication.

f. A child who has been adjudicated of a class A misdemeanor offense involving

violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an

equivalent offense of another state or the federal government, and the offense

was committed while using or possessing a firearm, a dangerous weapon, a

destructive device, or an explosive is prohibited from owning a firearm or having

one in possession from the date of adjudication and continuing for five years after

the date of adjudication.

A person who violates subdivision a or b is guilty of a class C felony, and a person who

violates subdivision c or d is guilty of a class A misdemeanor.

2. For the purposes of this section, "conviction" means a determination that the person

committed one of the above-mentioned crimes upon a verdict of guilt, a plea of guilty,

or a plea of nolo contendere even though:

a. The court suspended execution of sentence in accordance with subsection 3 of

section 12.1-32-02;

b. The court deferred imposition of sentence in accordance with subsection 4 of

section 12.1-32-02;

c. The court placed the person on probation;

d. The person's conviction has been reduced in accordance with subsection 9 of

section 12.1-32-02 or section 12.1-32-07.1;

o contendere even though:

a. The court suspended execution of sentence in accordance with subsection 3 of

section 12.1-32-02;

b. The court deferred imposition of sentence in accordance with subsection 4 of

section 12.1-32-02;

c. The court placed the person on probation;

d. The person's conviction has been reduced in accordance with subsection 9 of

section 12.1-32-02 or section 12.1-32-07.1;

e. Sentence dispositions, sentence reductions, or offense determinations equivalent

to this section were imposed or granted by a court, board, agency, or law of

another state or the federal government; or

f. The person committed an offense equivalent to an offense described in

subdivision e or f of subsection 1 when that person was subject to juvenile

adjudication or proceedings and a determination of a court under chapter 27-20.4

or of a court of another state or the federal government was made that the person

committed the delinquent act or offense.

3. A felon who is not sentenced under section 12.1-32-09.1 may possess a rifle that has

a barrel sixteen inches [40.72 centimeters] or longer or a shotgun that has a barrel

eighteen inches [45.72 centimeters] or longer and which is one of the following:

a. A firearm, including any firearm with a matchlock, flintlock, percussion cap, or

similar type of ignition system, manufactured before 1899.

b. A replica of any firearm described in subdivision a, if the replica is not designed or

redesigned for using rimfire or conventional centerfire fixed ammunition or uses

rimfire or conventional centerfire fixed ammunition that is no longer manufactured

in the United States and which is not readily available in the ordinary channels of

commercial trade.

c. A muzzleloading rifle or muzzleloading shotgun designed to use black powder or

a black powder substitute and which cannot use fixed ammunition.