A BILL for 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.
HB 1301 would require North Dakota courts to explicitly prohibit probationers from possessing firearms, destructive devices, or dangerous weapons as a standard condition of probation, except for specific first-time misdemeanor offenses under certain sections (like minor traffic violations or low-level drug offenses) if the court makes a documented finding of "good cause" to waive the ban. It also adds new probation conditions like community service, electronic monitoring, and strict rules against failing urine tests, while prohibiting firearm bans for most other misdemeanors. The bill applies to all probation sentences imposed after its effective date. This would directly affect individuals on probation for most crimes, limiting their access to firearms unless specific legal exceptions apply.
Bill status
passed
2 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House Failed
Feb 2025
Governor
Introduced Jan 13, 2025
Last action Feb 17, 2025
Maddy AI version diff · 1 comparison
What changed between versions
INTRODUCED
→
FIRST ENGROSSMENT
·
4 edits
MODERATE
This bill revision reorganizes the statute numbering from 25.0038.01000 to 25.0038.02000 and significantly modifies probation firearm restrictions. The key policy change allows courts to prohibit firearm possession during probation for misdemeanors only if the offense involved violence or threats of violence, whereas previously no such prohibition was allowed for other misdemeanors. Infraction probation restrictions remain unchanged.
Scope change
The bill's scope remains the same (probation conditions), but eligibility for firearm possession restrictions during probation has been narrowed for misdemeanor offenses.
REQUIREMENT
Added requirement that courts must find the misdemeanor offense involved violence or threat of violence before prohibiting firearm possession during probation
Clarified that firearm possession prohibitions remain prohibited for infraction probation regardless of circumstances
TECHNICAL
Changed statute section number from 25.0038.01000 to 25.0038.02000 and updated bill designation from 'INTRODUCED' to 'FIRST ENGROSSED'
Reorganized text structure to consolidate probation conditions and intermediate measures into a more logical flow
Floor votes · House Feb 18, 2025
How they voted
26–61
Failed · 5 other
Total votes 92
Feb 18, 2025
D
Democratic11
100% Nay
R
Republican81
61% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
8
Key actions
4
Committee
4
Feb 18, 2025
Vote failed
House Vote: fail (26-61-5)
house
Feb 14, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Feb 13, 2025
Lower · Passed
Reported back amended, do not pass, placed on calendar 11 3 0
lower
Feb 11, 2025
Lower · Passed
Committee Hearing 11:00
lower
Jan 15, 2025
Committee
Rereferred to Judiciary
lower
Jan 15, 2025
Lower · Passed
Request return from committee
lower
Jan 13, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
lower
1 primary · 9 co-sponsors
Sponsors
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