Criminal Justice (Firearms)

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.

SB 2194 requires North Dakota's Bureau of Criminal Investigation to accept digital fingerprints for background checks and deliver results within four business days to requesting agencies (like employers or licensing boards). It appropriates $5 million to cover equipment and costs for this system during the 2025-2027 biennium. The bill applies to background check requests received after its effective date of February 1, 2026. This changes how criminal history checks are processed by making digital submissions and faster turnaround mandatory for state agencies conducting these checks.

HB 1411 prohibits North Dakota state agencies, courts, and political subdivisions from adopting, implementing, or enforcing "extreme risk protection provisions" - rules or court orders that temporarily restrict firearm access for individuals deemed a risk to themselves or others. The bill explicitly bans such provisions (excluding domestic violence or mental health orders) and states that violating this prohibition is a class B felony. It also prevents state agencies from using public funds to support any related enforcement. This bill directly affects courts, law enforcement, and state agencies by blocking the implementation of "red flag" laws at the state level.