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Bill > HB1301


ND HB1301

ND HB1301
Possession of a firearm while on probation; and to provide for application.


summary

Introduced
01/13/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to amend and reenact subsection 3 of section 12.1-32-07 of the North Dakota Century Code, relating to possession of a firearm while on probation; and to provide for application.

AI Summary

This bill amends North Dakota's probation laws regarding firearm possession, specifically modifying when courts can prohibit probationers from possessing firearms. Under the updated law, courts must generally prohibit firearm possession while on probation, but with new exceptions for certain misdemeanor offenses. The bill allows probationers to possess firearms if their misdemeanor offense does not involve violence or a threat of violence, and explicitly prevents courts from prohibiting firearm possession for infraction-level offenses. The legislation also maintains existing provisions about other probation conditions, such as urine testing and potential alternative sanctions like community service, electronic monitoring, and limited incarceration periods. The bill will apply to sentences of probation imposed after its effective date, meaning it does not retroactively affect existing probation terms. The key change is providing more nuanced discretion to courts in restricting firearm possession during probation, moving away from a blanket prohibition for all misdemeanor and infraction offenses.

Committee Categories

Agriculture and Natural Resources, Justice

Sponsors (10)

Last Action

Second reading, failed to pass, yeas 26 nays 63 (on 02/17/2025)

bill text


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