HB 1296 — North Dakota (62.1‑04‑04 amendment) — Summary
Status: Introduced Nov 13, 2024; read first time Mar 10, 2025; referred to Elections; second reading — failed to pass (yeas 21, nays 71).
Purpose
- To amend North Dakota Century Code § 62.1‑04‑04 to require persons carrying a concealed firearm to produce their concealed‑carry license (or a digital image of it) and certain identification when requested by an on‑duty law enforcement officer, to require notification in some officer‑initiated contacts, and to create a penalty for violations.
Key provisions
- Produce license on request: An individual carrying a concealed firearm (where a license is required) must have the license issued by North Dakota or another state — or a digital image of that license on an electronic device — on their person and must give the license or digital image to any active law enforcement officer for inspection upon request.
- Notification on contact: A person carrying under the authority of § 62.1‑04‑02(2) must inform a law enforcement officer of the possession of a concealed firearm when the officer initiates a traffic stop or any other in‑person contact, if the officer asks about possession of a concealed firearm.
- Produce photo ID: Such an individual must also carry and, upon request, provide a valid driver’s license or nondriver ID (or a digital image of it) issued by the North Dakota Department of Transportation or the person’s state/territory of residence.
- Evidentiary effect: Failure to produce the license or its digital image is designated as prima facie evidence that the person is illegally carrying a concealed firearm (i.e., creates an inference of illegal carrying that may be rebutted).
- Penalty: Violation is made a noncriminal offense punishable by a $20 fee.
Who is affected
- Concealed‑carry license holders (residents and nonresidents carrying in North Dakota).
- Law enforcement officers (inspection requests and enforcement responsibilities).
- Courts/administrative bodies (treatment of "prima facie" evidence and adjudication of $20 noncriminal violations).
Procedural/timeline notes
- Filed: Nov 13, 2024.
- Read 1st time / referred to Elections: Mar 10, 2025.
- Second reading: failed (yeas 21, nays 71) — the measure did not advance in that chamber on second reading.
Implementation and practical effects
- Allows digital images of licenses/IDs as acceptable proof.
- Shifts evidentiary burden somewhat by making non‑production prima facie evidence of illegal carrying (can influence how stops are policed and how cases are prosecuted/defended).
- Imposes a small noncriminal monetary penalty rather than a criminal penalty.
- Would increase routine documentation checks during traffic stops/contacts for persons carrying concealed firearms.
Sponsors / authors (as introduced)
- Representatives: Koppelman, Heilman, Bolinske, Christianson, Frelich, Holle, M. Ruby, K. Anderson
- Senators: Castaneda, Meyer, Weston
(Background note: multiple unrelated bills from other states also bear the number "HB 1296" in the materials provided; this summary is limited to the North Dakota measure amending § 62.1‑04‑04.)
