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North Dakota Century Code Title 37. Military § 37-17.1-29. Firearms in emergencies

Current as of January 01, 2024 | Updated by Findlaw Staff

1. Notwithstanding any other law, a state agency, political subdivision, or elected or appointed official or employee of this state or of a political subdivision may not, under governmental authority or color of law, including any other statutorily authorized responses to disaster, war, acts of terrorism, or emergencies of whatever kind or nature:

a. Close or limit the operating hours of:

(1) Any government-owned or government-operated indoor or outdoor shooting range, unless the closure or limitation is required for maintenance, law enforcement training, military training, hunter education, or other special activities associated with the shooting sports or the closing or limitation of hours applies equally to all forms of commerce, use, recreation, enjoyment, or general activity within the jurisdiction;

(2) Any private indoor or outdoor shooting range, unless the closing or limitation of hours applies equally to all forms of commerce, use, recreation, enjoyment, or general activities within the jurisdiction; or

(3) Any entity engaged in the lawful selling or servicing of any firearm, including any component or accessory; ammunition, including any component or accessory; ammunition-reloading equipment and supplies; or personal weapons other than firearms, unless the closing or limitation of hours applies equally to all forms of commerce, use, recreation, enjoyment, or general activity within the jurisdiction;

b. Prohibit, regulate, or curtail the otherwise lawful possession, defensive use, carrying, transfer, transportation, storage, display, or other lawful use of; or seize, commandeer, confiscate, or authorize the seizure or confiscation of, any otherwise lawfully possessed firearm or ammunition unless the person acting on behalf of or under the authority of the state or political subdivision is defending that person or another from an assault, arresting an individual in actual possession of a firearm or ammunition for a violation of law, or seizing or confiscating the firearm or ammunition as evidence of a crime;

c. When registration is not otherwise required by law, require registration of any firearm, including any component or accessory; ammunition, including any component or accessory; ammunition-reloading equipment and supplies; or personal weapons other than firearms;

d. Suspend or revoke a permit to carry a concealed pistol issued pursuant to chapter 62.1-04, except as expressly authorized in that chapter; or

e. Refuse to accept an application for a permit to carry a concealed pistol, provided the application has been completed properly in accordance with chapter 62.1-04.

2. Any individual aggrieved by a violation of this section may commence a civil action against any person who subjects the individual, or causes the individual to be subjected, to an action prohibited by this section.

3. In addition to any other remedy, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of the firearm or ammunition, or the value of the firearm or ammunition, if the firearm or ammunition is no longer available, in the district court of the county in which that individual resides, in which the firearm or ammunition is located, or in which the seizure or confiscation occurred.

4. In any action to enforce this section, the court shall award a prevailing plaintiff costs and reasonable attorney's fees.

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Cite this article: FindLaw.com - North Dakota Century Code Title 37. Military § 37-17.1-29. Firearms in emergencies - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-37-military/nd-cent-code-sect-37-17-1-29/

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