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HB 1411

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2023-2024 Regular Session Introduced by Liz Berry and 5 co-sponsors

ND HB 1411 would ban extreme risk protection provisions (red-flag orders), bar state/local enforcement or funding, and make violations a Class B felony.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1411

Summary — HB 1411 (North Dakota)

A bill to create NDCC § 62.1‑01‑03.2 prohibiting “extreme risk protection provisions” (commonly called “red flag” laws) and to establish a criminal penalty.

Purpose

To preempt and forbid state or local laws, rules, orders, or practices that would temporarily or permanently prohibit a person deemed an “extreme risk” from accessing weapons or related items, and to make violations a felony.

Key provisions

  • Creates new ND Century Code section 62.1‑01‑03.2 with four main parts:
    1. Definitions
      • “Arm” — broadly defined to include a weapon of offense, ammunition, parts, equipment, armor used in self‑defense, and accessories typical to normal function and use.
      • “Extreme risk protection provision” — defined to include any rule, statute, ordinance, guideline, executive order, or judicial order that prohibits an individual considered an extreme risk from owning, possessing, using, purchasing, manufacturing, receiving, or requires surrender of an arm or of a license/permit to possess an arm.
      • Explicit exclusion: a domestic violence protection order or an involuntary commitment order issued under chapters 14‑07.1 and 25‑03.1 is not an “extreme risk protection provision.”
    2. Prohibition on adoption/implementation/enforcement
      • “A person, including a state agency or political subdivision, may not adopt, implement, or enforce an extreme risk protection provision.”
    3. Restriction on use of public personnel/funds
      • Except for the Department of Health and Human Services, no state agency or political subdivision may use personnel or funds (including legislative appropriations) to implement statutes, rules, orders, or judicial findings that would have the effect of enforcing an extreme risk protection provision.
    4. Penalty
      • Any person who violates the section is guilty of a Class B felony.

Who would be affected

  • State agencies, political subdivisions (counties, cities), courts and judicial officers, law enforcement, and private parties who might seek or enforce ERPOs.
  • Individuals who, under existing or proposed policies, might otherwise be subject to temporary firearm‑access restrictions.
  • Department of Health and Human Services is expressly excepted from the personnel/funding restriction.

Procedural status / timeline

  • Introduced: November 19, 2024.
  • House second reading: failed to pass (yeas 39, nays 53). (Status provided indicates it did not pass at second reading.)

Potential impacts and considerations

  • Would preempt local and state red‑flag laws or orders that temporarily restrict weapon access for persons judged an extreme risk, effectively eliminating that tool in North Dakota where the bill applied.
  • Criminalizes adoption or enforcement actions by public officials or private actors that effectuate such provisions (Class B felony exposure).
  • The broad definition of “arm” and wide scope of “extreme risk protection provision” could extend the prohibition to a range of judicial, administrative, or executive actions.
  • Leave for emergency protective mechanisms: domestic violence protection orders and certain involuntary commitment orders are explicitly preserved, but other risk‑based interventions would be restricted.
  • May raise legal questions about preemption, separation of powers, and public‑safety consequences; could prompt litigation if enacted.

Note: This summary focuses on the North Dakota version of HB 1411 (NDCC § 62.1‑01‑03.2). Multiple different bills labeled “HB 1411” appear in other states with unrelated subjects; those are not described here.

Compiled from official sources — confirm details with the bill’s official record.

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