Is Open Carry Legal in North Dakota? (2026)
Partially — Open Carry is legal with restrictions in North Dakota as of 2026.
Law changed in 2017: North Dakota became a constitutional carry state for concealed carry in 2017, but this did not significantly change the state's open carry laws.
Quick Answer
Open carry of firearms is legal with restrictions in North Dakota without a permit for adults who are legally allowed to possess firearms. North Dakota became a constitutional carry state for concealed carry in 2017, but this did not significantly change the state's open carry laws.
- Age restriction: 18+ for long guns, 21+ for handguns
What the Law Says
North Dakota allows for open carry without a permit. However, a person may be charged with disorderly conduct, a Class B Misdemeanor, if they engage in threatening behavior with a firearm under N.D. Cent. Code § 12.1-31-01.
— N.D. Const. art. I, § 1
| Category | Details |
|---|---|
| Open Carry Rules | Legal without permit for eligible adults |
| Permit Requirements | Legal through licensed dealers |
| Penalties | Prohibited in certain locations (schools, courthouses, etc.). |
| Minimum Age | 18+ for long guns, 21+ for handguns |
| Pending Legislation | None known |
North Dakota became a constitutional carry state for concealed carry in 2017, but this did not significantly change the state's open carry laws.
Enforcement Reality
North Dakota allows for open carry of a firearm without a permit for anyone who is legally allowed to possess a firearm. However, a concealed weapon license is required to carry a loaded firearm in a vehicle.
A common mistake is carrying a loaded firearm in a vehicle without a concealed weapon license. While open carry is legal on foot, a license is required for vehicle carry.
Local Exceptions
None identified. State law applies uniformly across North Dakota. Local ordinances may still vary — check with your city or county government for any additional rules.
Real-World Scenarios: Open Carry in North Dakota
Bottom Line
Open Carry is legal with restrictions in North Dakota. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
North Dakota vs. the Rest of the US
Across the US, open carrying a firearm is fully legal in 0 states, restricted in 45, and illegal in 5. North Dakota falls in the RESTRICTED category.
View the full 50-state map →Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
Comprehensive North Dakota Legal Guides
Explore all related legal topics in North Dakota — statutes, penalties, and enforcement in one place.