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Bill > HB1411


ND HB1411

ND HB1411
State prohibition on extreme risk protection provisions; and to provide a penalty.


summary

Introduced
01/13/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to create and enact section 62.1-01-03.2 of the North Dakota Century Code, relating to state prohibition on extreme risk protection provisions; and to provide a penalty.

AI Summary

This bill creates a new section in the North Dakota Century Code that prohibits "extreme risk protection provisions" (ERPOs), which are rules or orders that restrict an individual's access to firearms based on perceived personal risk. The bill defines an ERPO as any rule, statute, ordinance, or judicial order that prevents an individual from owning, possessing, using, purchasing, or manufacturing firearms, or requires surrendering firearms or firearm-related permits. The legislation explicitly excludes domestic violence protection orders and involuntary commitment orders from this definition. The bill makes it illegal for any state agency, political subdivision, or person to adopt, implement, or enforce such extreme risk protection provisions. Furthermore, state agencies are prohibited from using personnel or funds to enforce these types of restrictions, with an exception for the department of health and human services. Violations of this prohibition would be considered a class B felony, which in North Dakota typically carries a potential penalty of up to 10 years in prison, a fine of up to $20,000, or both. The bill appears aimed at preventing local or state entities from implementing "red flag" laws that might temporarily remove firearms from individuals deemed to be a potential threat to themselves or others.

Committee Categories

Agriculture and Natural Resources

Sponsors (6)

Last Action

Second reading, failed to pass, yeas 39 nays 53 (on 02/25/2025)

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