Summary — HB 1350 (North Dakota): Amend NDCC § 62.1‑01‑01(1) — “Dangerous weapon”
Status: Introduced Nov 15, 2024; Second reading (failed) — yeas 39, nays 53; Died in House committee at sine die adjournment (05/05/2025).
Primary sponsors: Representatives Koppelman, Bolinske, Heilman, D. Johnston, Marschall, Murphy, Wolff; Senators Cory, Magrum. Other listed sponsors/authors in the packet: Warren; J. Dotson; Carolyn Jackson; Vernon Smith; Keohokapu‑Lee Loy (note: multiple unrelated bill texts bearing HB 1350 appear in the supplied materials — this summary is limited to the North Dakota proposal amending the dangerous‑weapon definition).
Purpose and intent
- To amend and reenact subsection 1 of ND Century Code § 62.1‑01‑01 to clarify and update the statutory definition of “dangerous weapon.” The change is aimed at enumerating specific weapons and clarifying certain exclusions (items not treated as dangerous weapons).
Key provisions (paraphrased)
- Expands/clarifies the statutory list of items that constitute a “dangerous weapon,” explicitly including:
- Switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger;
- Any knife with a blade of five inches (12.7 centimeters) or more;
- Throwing stars, nunchaku and other martial‑arts weapons;
- Billy, blackjack, sap, bludgeon, cudgel, metal knuckles, sand club, slungshot;
- Bow and arrow, crossbow, spear;
- Any weapon that expels, or is readily capable of expelling, a projectile by spring, compressed air, or compressed gas (example categories expressly noted: BB guns, air rifles, CO2 guns), whether loaded or unloaded;
- Any projector of a bomb or any object capable of producing/emitting a noxious liquid, gas, or substance.
- Lists express exclusions from the “dangerous weapon” definition:
- Items used to conduct a business, trade, or profession;
- Sprays/aerosols containing CS (ortho‑chlorobenzalmalonitrile), CN (alpha‑chloroacetophenone), or other irritating agents intended for individual defense;
- Devices that use voltage for individual defense (electric stun devices), except:
- A device that uses a projectile and voltage, or
- A device that uses a projectile and may apply multiple applications of voltage in a single incident.
- For those latter exceptions, the device is included in the “dangerous weapon” definition when possessed by an individual who is prohibited from possessing a firearm under the title.
Who would be affected
- Individuals who carry or possess items enumerated in the bill (e.g., certain knives, airguns, crossbows, martial‑arts weapons) could be impacted for purposes of criminal statutes that hinge on the “dangerous weapon” definition.
- Persons using defensive sprays or voltage devices would be affected in limited circumstances (projectile‑capable or multi‑application voltage devices), especially those legally prohibited from firearm possession.
- Law enforcement, prosecutors, defense attorneys, and courts: clarification/expansion may affect charging decisions, prosecutions, and case outcomes where weapon status matters.
- Businesses and professions that use some listed items in the scope of lawful work are explicitly excluded, reducing unintended criminal exposure for routine professional uses.
Procedural / timeline notes
- Introduced 11/15/2024. Received multiple referrals and readings through early 2025. Second reading vote recorded 02/25/2025 (failed, 39–53). Final legislative action: died in House committee at sine die adjournment (05/05/2025). No effective date was enacted (bill did not pass).
Fiscal impact
- No fiscal note for the North Dakota version was included in the provided materials. The amendment is primarily definitional; absent implementation provisions, direct fiscal impacts to the State are likely limited (impacts would be operational — e.g., potential changes in caseload composition).
Notes and caveats
- The supplied packet included several different HB 1350 bills from other states and jurisdictions (Maryland, Illinois, Arkansas, federal drafts). This summary addresses the North Dakota bill that specifically amends NDCC § 62.1‑01‑01(1).