Supplemental Information

January 11, 2016

62.1-01-01. General Definitions.
An “unloaded firearm” means that the firearm’s firing chamber does not contain any bullet. For a revolver, there should be no loaded shell in the cylinder.

State of Emergency
37-17.1. Firearms in Emergencies
Officials of the state and any political subdivision should not exercise the following during a state of emergency: a. Restrict the possession, carrying, transporting, storing and use of firearms and ammunition. This shall not apply to an authority who is permitted to close a business or order and evacuation in an emergency area.
b. Confiscate firearms or ammunition which are lawfully carried except if the state or political subdivision authority is defending a person from an assault, is stopping another who is violating the law or is confiscating the weapon to be used as crime evidence in the court.
c. Mandate registration of the firearms or ammunition that is not required by the state law.

Individuals who are aggrieved by violations may file charges against the involved persons. Confiscated firearms and ammunition may be returned plaintiff costs and attorney fees shall be awarded if they are proven to be aggrieved.

37-17.1-05. The Governor and Disasters or Emergencies – Penalty.
The governor should take the necessary steps to minimize the adverse effects of a public crisis or natural disaster. Aside from the powers of the governor as conferred upon by the law, he or she may also suspend the sale and distribution of alcohol, explosives and combustibles.

Note: During a state of emergency, the federal law may be applicable if the state is receiving financial assistance from the federal government. To know more about the federal laws that apply during state of emergencies, check the US Code 42-5207.