If you plan to buy or sell a gun in North Dakota, consider creating a Firearm Bill of Sale to protect your rights in case any legal issues arise after the transaction. But North Dakota requires no official firearm bill of sale.
- What Is a North Dakota Firearm Bill of Sale?
- What Are the Requirements for Selling a Firearm in North Dakota?
- Documents Needed to Complete a Firearm Bill of Sale in North Dakota
- Additional North Dakota Gun Laws
- Concealed and Open Carry Laws in North Dakota
- North Dakota Reciprocity
- How to Write a Firearm Bill of Sale in North Dakota
- North Dakota Firearm Bill of Sale Sample
What Is a North Dakota Firearm Bill of Sale?
A North Dakota Firearm Bill of Sale is a document proving a state gun sale and ownership transfer.
It records details about the gun seller and buyer and contains both parties’ signatures to verify their willing participation in the sale.
What Are the Requirements for Selling a Firearm in North Dakota?
North Dakota does not license firearms dealers. Firearms dealers are subject to the same restrictions as private dealers regarding sales to prohibited persons.
According to the Brady Act, federally licensed firearm dealers must conduct background checks on purchasers.
They must also provide a copy of their license, within seven days of receiving it, to the chief of police of their city and the sheriff of the county where the dealer is licensed to sell firearms (N.D. Cent. Code § 62.1-03-03).
Private Parties Selling Firearms in North Dakota
North Dakota does not restrict private individuals’ sale or purchase of firearms.
However, the state does prohibit the sale or transfer of firearms or ammunition to any individual known or reasonably believed by the seller to be prohibited from possessing firearms under state or federal law (N.D. Cent. Code § 62.1-02-02).
Does the Law in North Dakota Require a Firearm Bill of Sale?
North Dakota does not require a bill of sale for firearms transactions. Nevertheless, firearm buyers and sellers should keep a receipt for their protection in legal disputes.
Firearm Inheritance Laws in North Dakota
North Dakota has no specific laws regarding the inheritance of firearms.
According to N.D. Cent. Code § 62.1-02-01, minors under 18 may not possess handguns except for firearm safety training, target shooting, or hunting under the direct supervision of an adult.
North Dakota has no minimum age restrictions for long guns (rifles and shotguns).
If the firearm is lawful for sale or transfer and the individual may legally possess it, it may be passed by gift or bequest.
Documents Needed to Complete a Firearm Bill of Sale in North Dakota
No documents are required for private sales of firearms in North Dakota.
Additional North Dakota Gun Laws
Who Cannot Purchase a Firearm in North Dakota?
North Dakota has limited state restrictions on the purchase of firearms.
In general, the state prohibitions include the following:
- Those convicted of felonies or violent misdemeanors
- Those diagnosed, confined, or committed to hospitals or institutions for treatment as a mentally deficient individual within the past three years
- Minors under the age of 18 (handguns only)
North Dakota has no state law prohibiting gun ownership by those with domestic violence convictions or subject to a restraining order.
However, the court may order the subject of an ex parte restraining order or other order to surrender their firearms if the court believes they may be used in further acts of violence (N.D. Cent. Code § 14-07.1-02(4)(g)).
Does North Dakota Have a Waiting Period for Firearm Sales?
North Dakota does not have a waiting period for firearms purchases.
Can You Buy a Firearm in North Dakota Without Registering It?
North Dakota does not require registration of firearms.
Does a Gun Bill of Sale Have to Be Notarized in North Dakota?
There is no specific requirement for a bill of sale notarization in North Dakota.
Is a Record of Firearms sent to Police in North Dakota?
North Dakota does not require any record-keeping for firearms sales or background checks.
Concealed and Open Carry Laws in North Dakota
North Dakota generally allows open carry of loaded long guns in public.
Open and concealed carry of loaded handguns in public is generally permitted with either a concealed carry permit or a North Dakota driver’s license and for those otherwise eligible for a concealed firearm permit.
Individuals without a permit or a North Dakota driver’s license may only carry a loaded handgun in a belt holster or an unloaded gun.
How to Apply to Carry a Firearm in North Dakota
North Dakota is a “shall-issue” state.
This means that the state will issue a permit to anyone qualified, although law enforcement has some discretion if they believe an individual is a danger to themselves or others.
Any North Dakota resident may receive a permit for concealed carry if they meet the minimum eligibility requirements, including being at least 18, a resident of North Dakota, a U.S. citizen or legal permanent resident, and able to possess a handgun under state and federal law, and completing the training requirements.
Applicants will be denied if they have been:
- Convicted of a felony, crime of violence, drug crime, or crime of moral turpitude
- Convicted of a domestic violence offense
- Adjudicated mentally incompetent
You can obtain the application on the State Attorney General’s website.
Applicants must pass the required test and then mail the application, processing fee, a copy of their driver’s license, two color photos, and a fingerprint card to:
PO Box 1054
Bismarck ND 58502
North Dakota Reciprocity
Residents of states with reciprocity with North Dakota may apply for a concealed carry permit in North Dakota upon submission of their valid permit.
Residents whose states do not have reciprocity may not obtain a permit in North Dakota, even if their states have concealed carry.
North Dakota currently has concealed carry reciprocity with 39 states.
How to Write a Firearm Bill of Sale in North Dakota
You do not need to complete a bill of sale in North Dakota to buy or sell a firearm in North Dakota.
However, it’s a good idea for anyone buying or selling any valuable item to memorialize their sale with a document specifying the type of item and the transaction details.
If you create a bill of sale for your transaction, here’s how.
Step 1 – Fill In All Parties to the Sale
The bill of sale should include the identities of both parties, including each person’s:
- Contact information (phone number and email)
Step 2 – Describe the Firearm(s) Being Sold
Include a detailed description of the firearm(s) being sold. The description should include the following:
- Serial number
- Make and model
- Accessories and customizations
- Present condition
Private sales are usually “as is.” You can also note any additional repairs or modifications to be made after the sale.
Step 3 – Complete the Details of the Sale
Note the specifics of the transfer, including:
- The date of purchase
- The sale price
- The payment agreement (paid in full, down payment, installment payments)
- The date of transfer, if it’s different than the date of purchase
Step 4 – Add Signatures and Notarization
Both parties should sign the bill of sale. If the weapon is an antique or collector’s item, you may want to have the bill of sale notarized.
North Dakota does not require you to fill out a bill of sale for firearms purchases.
However, completing one will ensure that the transaction — including all the details of the firearm and the other party — is well documented.
Use our online template to create a North Dakota firearm bill of sale that will meet all your needs and protect your rights in the transfer.
North Dakota Firearm Bill of Sale Sample
Below is an example of a North Dakota firearm bill of sale.