Bill
HB 1588
HB 1588 authorizes local governments to ban firearms in public areas of publicly owned buildings.
Status: Filed; introduced December 11, 2024. Placed on second reading and amended; ultimately died in House committee at sine die adjournment (May 5, 2025).
Purpose
HB 1588 proposes multiple changes to North Dakota’s statutes on “dangerous weapons,” public‑gathering firearm rules, concealed‑carry testing and licensing procedures, and criminal penalties tied to certain firearm devices. The bill also creates liability protections for entities and clarifies where local governments may restrict firearms on publicly owned property.
Key provisions and changes
- Redefines “dangerous weapon”: increases the blade‑length threshold for knives treated as dangerous weapons from 5 inches to 6 inches (statutory text reflects substitution of six inches for five inches).
- Liability exemption for entities: creates a statutory bar to civil liability for any public or private entity for injury, death, or property damage caused by an individual lawfully carrying a concealed dangerous weapon under state law.
- Publicly owned/operated buildings: authorizes political subdivisions (cities, counties, townships) to enact ordinances prohibiting possession of firearms or dangerous weapons in public areas of publicly owned or operated buildings. (Different drafts include variations on conditions — e.g., requiring restricted access unless metal‑detectors or armed security are in place — but the core grant is local authority to prohibit in public areas.)
- Possession at public gatherings (amendment to NDCC 62.1‑02‑05): explicitly lists “a publicly owned or operated building” among places where possession is prohibited; retains many statutory exceptions (law enforcement, certain on‑duty public safety personnel, vehicle/temporary residence storage, sporting events, hunter safety, etc.).
- Church liability and policy: adds that a church/place of worship may not be held liable for injury/death or property damage caused by a person permitted to carry concealed under the statute; also allows churches to approve concealed carry in their buildings.
- Binary triggers — new offense: creates a new offense provision making the use of a “binary trigger” in the commission of a crime a class C felony.
- Concealed‑carry testing and license production: amends procedures for testing for a concealed‑carry license (authorizes a certified test administrator to charge a testing fee — bill text indicates an increase from prior amounts) and makes changes to the requirement to produce a concealed‑carry license upon request (statutory section 62.1‑04‑04 amended).
- Penalty changes: violating the public‑gathering possession prohibition is designated a noncriminal infraction (fee of $100) in later engrossed versions.
Who is affected
- Gun owners and persons seeking or holding a class 1 or class 2 concealed‑weapons license (changes to testing, fees, places of prohibition, and exceptions).
- Local governments and political subdivisions (given explicit authority to regulate possession in public areas of publicly owned buildings).
- Public and private entities (new statutory protection from civil liability for harms caused by lawful concealed carriers).
- Religious organizations (explicit non‑liability and ability to authorize carry).
- Individuals who employ or are victims of crimes involving binary triggers (criminalization provision).
Procedural/timeline notes
- Introduced Dec 11, 2024; heard and amended in committee (various drafts and amendments were adopted during the session).
- The bill was placed on second reading, amended (March 31, 2025), and reported engrossed in different forms. Final status: died in House committee at sine die adjournment on May 5, 2025 (did not become law in the 2025 session).
Potential impacts to note
- Legal exposure for businesses, governments, and religious entities would be reduced for incidents caused by lawful concealed carriers.
- Local authorities gain clearer authority to ban weapons in public areas of public buildings, though statutory exceptions remain broad.
- Criminal penalty for using binary triggers during crimes could increase prosecutorial tools; definitions and enforcement will depend on subsequent clarifications.
- Changes to definitions and administrative fees could affect licensing behavior and concealed‑carry training markets.
Fiscal note
No specific fiscal analysis is contained in the provided North Dakota drafts; affected entities or local governments may see indirect effects (e.g., litigation exposure, costs of security screening) but no state fiscal estimate is included in the materials.
Compiled from official sources — confirm details with the bill’s official record.
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