Can a felon own a gun in North Dakota?

North Dakota automatically restores firearm rights for all felony convictions 10 years after the person's release from incarceration or from the date of conviction if no incarceration was imposed. This applies even to violent offenses.

How can a felon restore gun rights in North Dakota?

Automatic upon expiration of the 10-year period. No petition required.

What is the waiting period for gun rights restoration in North Dakota?

10 years after release from incarceration, or 10 years from date of conviction if no incarceration.

Are there exceptions to gun rights restoration in North Dakota?

During the 10-year period, no mechanism exists for early restoration except a gubernatorial pardon. Federal prohibition still applies independently.

How long does a felon have to wait to own a gun in North Dakota?

10 years for felonies involving violence or intimidation, measured from the date of conviction or release from incarceration (whichever is later). 5 years for nonviolent felonies. Earlier restoration is available for nonviolent felonies through a court petition under NDCC 62.1-02-01.1. A governor's pardon can restore rights at any time for any felony.

Is restoration automatic or do I need to petition?

Restoration is automatic after the waiting period expires (10 years for violent felonies, 5 years for nonviolent felonies). No petition is required for automatic restoration. The petition process under NDCC 62.1-02-01.1 is an optional mechanism for nonviolent felons who want their rights restored before the 5-year period expires.

Can I seal my record during the prohibition period?

For violent felony convictions, you cannot seek record sealing during the 10-year firearms prohibition period under NDCC 62.1-02-01(1)(a). For nonviolent felonies, record sealing may be available under the separate provisions of NDCC Chapter 12-60.1, but it does not independently restore firearm rights — the 5-year prohibition still applies unless the court grants early restoration.

Does a governor's pardon restore gun rights in North Dakota?

Yes. A governor's pardon can restore firearm rights at any time, regardless of the waiting period. Apply through the North Dakota Pardon Advisory Board. The pardon must expressly restore firearm rights. A pardon also provides strong protection against federal prosecution under the 'civil rights restored' exception in 18 USC 921(a)(20).

What are the penalties for possessing a firearm while prohibited?

Under NDCC 62.1-02-01, possessing a firearm while prohibited is a Class C felony, punishable by up to 5 years in prison and a $10,000 fine. Additionally, federal prosecution under 18 USC 922(g)(1) is possible, carrying up to 15 years in federal prison. Both state and federal charges can be brought simultaneously.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process was effectively defunded since 1992. It may provide a pathway for North Dakota felons to address the federal prohibition independently of the state's automatic restoration or petition process. Application details are still being finalized.

Felon Gun Rights in North Dakota

Automatic restoration

It depends on the type of felony. For violent felonies, firearm rights are automatically restored 10 years after conviction or release from incarceration. For nonviolent felonies, rights are restored after 5 years. Both restorations are automatic with no petition required. You may also petition the court for earlier restoration of nonviolent felony convictions. However, federal law (18 USC 922(g)(1)) independently prohibits all felons from possessing firearms. Consult an attorney.

Last updated: 2026-03-21

Overview

North Dakota prohibits firearm possession for persons convicted of felonies, with the duration depending on the nature of the offense. Under NDCC 62.1-02-01(1)(a), persons convicted of a felony involving violence or intimidation are prohibited for 10 years from the date of conviction or release from incarceration. Under NDCC 62.1-02-01(1)(b), persons convicted of nonviolent felonies are prohibited for 5 years. After these periods expire, firearm rights are automatically restored — no petition or application is required. However, North Dakota also provides an early restoration mechanism: persons with nonviolent felonies may petition the district court for earlier restoration under NDCC 62.1-02-01.1. The federal prohibition under 18 USC 922(g)(1) applies independently.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. North Dakota's automatic restoration of firearm rights after 5 or 10 years, combined with automatic restoration of voting rights upon sentence completion, may satisfy the federal 'civil rights restored' exception under 18 USC 921(a)(20). However, this depends on whether the restoration includes the right to vote, hold office, and serve on a jury, and does not expressly restrict firearms. A governor's pardon provides the strongest protection against federal prosecution. The revived federal 18 USC 925(c) process may provide an additional pathway for relief from federal firearms disabilities.

Can restore gun rights

✓Persons convicted of a felony involving violence or intimidation — automatically restored 10 years after conviction or release from incarceration, whichever is later
✓Persons convicted of a nonviolent felony — automatically restored 5 years after conviction or release from incarceration, whichever is later
✓Persons convicted of a nonviolent state felony who petition the district court for earlier restoration under NDCC 62.1-02-01.1
✓Persons who receive a governor's pardon that restores firearm rights
✓Persons whose conviction is expunged, sealed, or overturned on appeal
✓Juveniles adjudicated guilty — 10 years for violent felonies, 5 years for violent misdemeanors involving firearms (2025 amendments)

Cannot restore gun rights

✗Persons within the 10-year prohibition period for violent felony convictions — no early petition available (only a governor's pardon can provide earlier restoration)
✗Persons within the 5-year prohibition period for nonviolent felonies who have not petitioned the court or obtained a pardon
✗Persons currently serving a sentence, on probation, or on parole (the waiting period starts from conviction or release, whichever is later)
✗Persons subject to a domestic violence protective order — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9))
✗Persons adjudicated mentally defective or committed to a mental institution — separate prohibition

Step-by-Step Process

Determine your prohibition period

Under NDCC 62.1-02-01, persons convicted of a felony involving violence or intimidation are prohibited for 10 years (subsection 1(a)). Persons convicted of a nonviolent felony are prohibited for 5 years (subsection 1(b)). The period runs from the date of conviction or the date of release from incarceration, whichever is later. Review your sentencing documents to determine your specific offense classification and calculate when the prohibition expires.

Wait for automatic restoration (no petition needed)

If you prefer to wait for automatic restoration, no action is required. After 10 years (violent felonies) or 5 years (nonviolent felonies), your state-level firearm rights are automatically restored. You do not need to file any paperwork, appear in court, or notify any agency. However, verify your eligibility before possessing a firearm.

For earlier restoration of nonviolent felonies: Petition the district court

Under NDCC 62.1-02-01.1, persons convicted of a nonviolent state felony (subsection 1(b)) may petition the district court for earlier restoration before the 5-year period expires. File the petition in the county where the offense occurred. Serve a copy on the state's attorney, who has 20 days to respond. The court must find by clear and convincing evidence that you have completed all sentence terms, paid all fines, and that your record and reputation show you are not likely to endanger others.

Attend the court hearing

The court will schedule a hearing on your petition. Under North Dakota Court Rule 5.4, you must demonstrate rehabilitation and a law-abiding life since conviction. The state's attorney may oppose the petition. The court considers the nature of the offense, time elapsed, criminal history, employment, community ties, and any other relevant factors. If granted, the court issues an order restoring your firearm rights.

For violent felonies: Seek a governor's pardon for early restoration

There is no early petition process for violent felony convictions — you must wait the full 10 years or seek a governor's pardon. Apply through the North Dakota Pardon Advisory Board. The Board reviews applications and makes recommendations to the Governor. The pardon must expressly restore firearm rights.

Address the federal prohibition

Even after state rights are restored, the federal prohibition under 18 USC 922(g)(1) applies independently. North Dakota's restoration of civil rights may satisfy the federal exception under 18 USC 921(a)(20), but consult a firearms attorney. A governor's pardon provides stronger protection. The revived federal 18 USC 925(c) process may provide an additional pathway.

Waiting Period

10 years from conviction or release from incarceration (whichever is later) for felonies involving violence or intimidation. 5 years for nonviolent felonies. Both are automatic with no petition required. Early petition is available only for nonviolent state felonies under NDCC 62.1-02-01.1. A governor's pardon has no fixed waiting period. The 2025 amendments added 10-year and 5-year periods for certain juvenile adjudications.

Key Laws

Law	Year	Description
NDCC 62.1-02-01 — Possession of a Firearm or Dangerous Weapon by Certain Persons	1985 (amended through 2025)	The core prohibition statute. Subsection 1(a) prohibits firearm possession for 10 years for persons convicted of a felony involving violence or intimidation. Subsection 1(b) prohibits possession for 5 years for nonviolent felonies. Both periods run from the date of conviction or release from incarceration, whichever is later. Amended in 2025 to include juvenile adjudications.
NDCC 62.1-02-01.1 — Restoration of Right to Possess Firearm	2011	Provides an early restoration mechanism for persons convicted of nonviolent state felonies (subsection 1(b) offenses). Allows petitioning the district court for earlier restoration before the 5-year period expires. Requires clear and convincing evidence of rehabilitation and that the petitioner is not likely to endanger others.
North Dakota Court Rule 5.4 — Petition for Restoration of Firearms Rights	2011 (amended through 2025)	Establishes the procedural rules for filing a petition for restoration of firearms rights. Specifies filing requirements, service on the state's attorney, the 20-day response period, hearing procedures, and the standard of proof (clear and convincing evidence).
NDCC 62.1-02-01 (2025 Amendment) — Juvenile Adjudications	2025	The 2025 legislative session amended NDCC 62.1-02-01 to include juveniles adjudicated guilty of a felony involving violence or intimidation (10-year prohibition) and those adjudicated guilty of a misdemeanor involving violence or intimidation using a firearm or dangerous weapon (5-year prohibition).
North Dakota Constitution Article I, Section 1 — Right to Bear Arms	1889 (amended 2012)	States that 'all individuals are by nature equally free and independent and have certain inalienable rights, among which are... to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.'

Edge Cases

Can I petition for early restoration of firearm rights for a violent felony conviction?

No. The early petition process under NDCC 62.1-02-01.1 is available only for nonviolent felonies (subsection 1(b) offenses). For violent felony convictions (subsection 1(a) offenses), you must wait the full 10 years for automatic restoration or seek a governor's pardon. There is no court petition mechanism for early restoration of violent felony firearm rights.

I was convicted of a felony in another state. Can I petition North Dakota courts for restoration?

The early restoration petition under NDCC 62.1-02-01.1 applies specifically to nonviolent state felony offenses 'committed in this state.' For out-of-state convictions, you would need to seek restoration in the state of conviction. The automatic 5-year and 10-year periods still apply in North Dakota regardless of where the conviction occurred, but the early petition mechanism is not available for out-of-state convictions.

Does the 10-year period start from my conviction date or my release date?

Under NDCC 62.1-02-01(1)(a), the prohibition runs from 'the date of the conviction or the date of release from incarceration, whichever is later.' If you were sentenced to prison, the clock starts when you are released (not when you were convicted). If you received probation without incarceration, the clock starts from the date of conviction.

I completed the 10-year waiting period. Do I need to notify anyone or file anything?

No. North Dakota's restoration of firearm rights after the 10-year or 5-year period is fully automatic. You do not need to file any paperwork, appear in court, or notify any agency. However, it is prudent to verify your eligibility by checking that no other disqualifying conditions exist (such as new convictions or active protective orders) before possessing a firearm.

What standard of proof applies when petitioning for early restoration?

Under NDCC 62.1-02-01.1, the court must determine by 'clear and convincing evidence' that (1) you have successfully completed all terms of your sentence and paid all fines, and (2) your record and reputation are such that you are not likely to act in a manner dangerous to the safety of others. This is a higher standard than preponderance of the evidence but lower than beyond a reasonable doubt.

I was adjudicated as a juvenile. Does the firearms prohibition apply to me?

Yes, as of 2025. The 2025 amendments to NDCC 62.1-02-01 extended the firearms prohibition to juveniles adjudicated guilty of a felony involving violence or intimidation (10-year prohibition) and juveniles adjudicated guilty of a misdemeanor involving violence or intimidation using a firearm or dangerous weapon (5-year prohibition). Prior to 2025, juvenile adjudications generally did not trigger the state firearms prohibition.

Frequently Asked Questions

Can a felon own a gun in North Dakota?: Yes, after the applicable waiting period. For felonies involving violence or intimidation, firearm rights are automatically restored 10 years after conviction or release from incarceration. For nonviolent felonies, rights are restored after 5 years. Both restorations are automatic with no petition required. Earlier restoration is available for nonviolent felonies through a court petition. However, federal law (18 USC 922(g)(1)) independently prohibits all felons from possessing firearms.
How long does a felon have to wait to own a gun in North Dakota?: 10 years for felonies involving violence or intimidation, measured from the date of conviction or release from incarceration (whichever is later). 5 years for nonviolent felonies. Earlier restoration is available for nonviolent felonies through a court petition under NDCC 62.1-02-01.1. A governor's pardon can restore rights at any time for any felony.
How do I petition for early restoration of firearm rights?: File a petition with the district court in the county where the offense occurred under NDCC 62.1-02-01.1 and North Dakota Court Rule 5.4. Serve a copy on the state's attorney, who has 20 days to respond. At the hearing, you must prove by clear and convincing evidence that you have completed all sentence terms and that you are not likely to endanger others. This option is available only for nonviolent state felonies. The North Dakota Courts provide a self-help informational guide to assist with the process.
Is restoration automatic or do I need to petition?: Restoration is automatic after the waiting period expires (10 years for violent felonies, 5 years for nonviolent felonies). No petition is required for automatic restoration. The petition process under NDCC 62.1-02-01.1 is an optional mechanism for nonviolent felons who want their rights restored before the 5-year period expires.
Can I seal my record during the prohibition period?: For violent felony convictions, you cannot seek record sealing during the 10-year firearms prohibition period under NDCC 62.1-02-01(1)(a). For nonviolent felonies, record sealing may be available under the separate provisions of NDCC Chapter 12-60.1, but it does not independently restore firearm rights — the 5-year prohibition still applies unless the court grants early restoration.
Does a governor's pardon restore gun rights in North Dakota?: Yes. A governor's pardon can restore firearm rights at any time, regardless of the waiting period. Apply through the North Dakota Pardon Advisory Board. The pardon must expressly restore firearm rights. A pardon also provides strong protection against federal prosecution under the 'civil rights restored' exception in 18 USC 921(a)(20).
What are the penalties for possessing a firearm while prohibited?: Under NDCC 62.1-02-01, possessing a firearm while prohibited is a Class C felony, punishable by up to 5 years in prison and a $10,000 fine. Additionally, federal prosecution under 18 USC 922(g)(1) is possible, carrying up to 15 years in federal prison. Both state and federal charges can be brought simultaneously.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process was effectively defunded since 1992. It may provide a pathway for North Dakota felons to address the federal prohibition independently of the state's automatic restoration or petition process. Application details are still being finalized.

Take Action — Direct Links

North Dakota Attorney General — Restoration of Firearm Rights
Official page from the North Dakota Attorney General's Office with information on firearm rights restoration, including statutory references and the petition process.
North Dakota Courts — Restoration of Firearms Informational Guide
Comprehensive self-help guide from the North Dakota Court System (revised July 2025) with step-by-step instructions for petitioning for restoration of firearms rights.
North Dakota Courts — Rule 5.4 (Petition for Restoration of Firearms Rights)
Official court rule governing the procedural requirements for filing a petition for restoration of firearms rights in North Dakota.
North Dakota Legislature — NDCC Chapter 62.1-02 (Possession of Weapons)
Full text of North Dakota firearms statutes, including NDCC 62.1-02-01 (prohibited persons) and NDCC 62.1-02-01.1 (restoration).
CCRC — North Dakota Restoration of Rights & Record Relief
Comprehensive overview from the Collateral Consequences Resource Center covering all restoration pathways in North Dakota.
DOJ — Federal Firearm Rights Restoration (18 USC 925(c))
Information on the revived federal firearms rights restoration process under 18 USC 925(c).