A BILL for an Act to amend and reenact section 12.1-05-03 of the North Dakota Century Code, relating to self-defense and the unlawful possession of a firearm; and to provide a penalty.
HB 1326 amends North Dakota's self-defense law to clarify that individuals cannot claim self-defense if they were unlawfully carrying a firearm at the time of an incident. Specifically, the bill adds that possessing a firearm in violation of state law (e.g., without a permit or due to a disqualifying offense) automatically disqualifies a person from using self-defense as a legal justification. This directly affects people who might otherwise argue self-defense while illegally holding a gun. The key provision (Section 12.1-05-03, subsection 3c) explicitly states that unlawful firearm possession negates self-defense claims during encounters involving imminent harm. The bill was introduced in 2025 but failed to pass the legislature.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
House Passage
Feb 2025
Senate Failed
Apr 2025
Governor
Introduced Jan 13, 2025
Last action Apr 2, 2025
Floor votes · Senate Apr 2, 2025 · House Feb 25, 2025
How they voted
6–40
Failed · 1 other
Total votes 47
Apr 2, 2025
D
Democratic5
100% Yea
R
Republican42
95% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
13
Key actions
5
Committee
4
Apr 2, 2025
Vote failed
Senate Vote: fail (6-40-1)
senate
Apr 1, 2025
Upper · Passed
Reported back, do not pass, placed on calendar 6 1 0
upper
Mar 31, 2025
Upper · Passed
Committee Hearing 11:00
upper
Mar 7, 2025
Introduced
Introduced, first reading, referred Judiciary Committee
upper
Feb 25, 2025
Lower · Passed
Second reading, passed, yeas 56 nays 35
lower
Feb 20, 2025
Lower · Passed
Reported back, do pass, place on calendar 11 1 1
lower
Jan 23, 2025
Lower · Passed
Committee Hearing 02:00
lower
Jan 13, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
lower
1 primary · 8 co-sponsors
Sponsors
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