North Dakota Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in North Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in North Dakota, consult a licensed North Dakota criminal defense attorney.

North Dakota Illegal Weapons Possession Penalties

OffensePenalty
First OffenseClass C felony: up to 5 years (unlawful possession)
Second OffenseClass B felony: up to 10 years (prior conviction)

NDCC §62.1-02-01; possession of firearm by prohibited person

Illegal Weapons Possession Statute of Limitations in North Dakota

In North Dakota, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all North Dakota statutes of limitations →

Defending Against Illegal Weapons Possession Charges in North Dakota

Common defenses in North Dakota illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a North Dakota criminal defense attorney for advice.

Related North Dakota Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication