Summary — North Dakota HB 1301 (Probation: firearm possession)
Status and key metadata
- Bill: HB 1301 — “An Act to amend and reenact subsection 3 of section 12.1‑32‑07 of the North Dakota Century Code, relating to possession of a firearm while on probation; and to provide for application.”
- Introduced: November 13, 2024
- Sponsors (as prepared): Reps. Matt Koppelman, D. Johnston, Kasper, Marschall, Rios, M. Ruby; Sens. Cory, Magrum, Myrdal, Wobbema
- Legislative status (most recent in materials): Second reading — failed to pass (yeas 26, nays 63)
- Application clause: Applies to a sentence to probation (or any sentence including probation) imposed after the bill’s effective date.
Purpose and intent
- HB 1301 would revise the standard probation condition that prohibits a probationer from possessing a firearm, destructive device, or other dangerous weapon. The bill narrows the blanket prohibition and grants courts authority to waive the firearm‑possession prohibition in certain misdemeanor/infraction cases while preserving prohibitions in specified circumstances.
Key provisions and changes
- Amends subsection 3 of NDCC § 12.1‑32‑07 (conditions of probation).
- Current rule (baseline): the court must include, as an explicit condition of every probation, that the defendant may not possess a firearm, destructive device, or other dangerous weapon while on probation.
- Major amendments:
- Creates an exception allowing the court to waive the firearm‑possession prohibition in certain cases:
- The court may waive the condition (except when the offense is one of the listed misdemeanors under NDCC sections 12.1‑17‑01, 12.1‑17‑01.1, 12.1‑17‑01.2, 12.1‑17‑05, 12.1‑17‑07.1, or chapter 14‑07.1) if:
- The defendant pled guilty or was found guilty of a misdemeanor or infraction;
- The offense is the defendant’s first misdemeanor/infraction;
- The court makes a specific on‑the‑record finding that there is “good cause” to waive the condition before imposing sentence or probation.
- The court may not waive the prohibition if the court places the defendant under supervision and management of the Department of Corrections and Rehabilitation.
- Clarifies that the court may not prohibit firearm possession while on probation for any infraction; for other misdemeanors the court may not prohibit possession unless the offense involved violence or a threat of violence against an individual.
- Adds/retains other probation conditions:
- Requires on the record that the defendant may not willfully defraud a urine test administered as a condition of probation.
- Lists intermediate sanctions/conditions the court may require to avoid revocation (examples: community service, day reporting, curfew, home confinement, electronic monitoring, residential halfway house, intensive supervision, up to five nonsuccessive short incarcerations up to 48 hours each in any 12‑month period, or one period of incarceration up to 30 days in lieu of a revocation petition).
Who would be affected
- Individuals sentenced to probation in North Dakota (particularly those convicted of first‑offense misdemeanors or infractions).
- Trial courts and judges (additional discretion and on‑the‑record findings required).
- North Dakota Department of Corrections and Rehabilitation (supervision rules interact with waiver prohibition).
- Public safety stakeholders and victims (potentially affected by changes to firearm‑possession conditions on probation).
Procedural/timing aspects
- The bill’s application clause limits its effect to sentences imposed after its effective date.
- In the legislative history provided, HB 1301 reached second reading but failed to pass on a recorded vote (yeas 26, nays 63), so it did not become law in that form.
Potential impacts (practical considerations)
- Expands judicial discretion to allow some probationers (first‑time misdemeanor/infraction offenders) to possess firearms if the court finds good cause — which could reduce collateral consequences for low‑level offenders.
- Could raise policy and public‑safety concerns where firearm access is an issue; courts retain prohibitions for offenses involving violence and for probationers under DOC supervision.
- Administrative impacts on probation practice are likely limited but would require courts to make specific findings on the record when waiving the prohibition and for supervising agencies to track who retains firearm rights while on probation.
This summary focuses on the North Dakota HB 1301 text amending NDCC § 12.1‑32‑07 (subsection 3). Other unrelated bills numbered HB 1301 in different states (Maryland, Arkansas, Indiana, Illinois, etc.) address distinct subjects and are not covered here.
