62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment prohibited - Penalty - Exceptions

62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment

prohibited - Penalty - Exceptions.

1. An individual who enters or remains in that part of the establishment set aside for the

retail sale of alcoholic beverages and the consumption of purchased alcoholic

beverages or used as a gaming site at which bingo is the primary gaming activity while

that individual knowingly possesses a firearm or dangerous weapon is guilty of an

infraction. In addition, an individual is guilty of an offense under this section for the

knowing possession of a device that uses a projectile and voltage or a device that

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

single incident in the part of an establishment set aside for the retail sale and

consumption of alcoholic beverages.

2. This section does not apply to:

a. A law enforcement officer.

b. The proprietor.

c. The proprietor's employee.

d. A designee of the proprietor when the designee is displaying an unloaded firearm

or dangerous weapon as a prize or sale item in a raffle or auction.

e. Private security personnel while on duty for the purpose of delivering or receiving

moneys used at the liquor establishment or at the gaming site at which bingo is

the primary gaming activity.

f. The restaurant part of an establishment if an individual under twenty-one years of

age is not prohibited in that part of the establishment.