Restoring Gun Rights in North Dakota: What You Need to Know

If you've lost your right to own or possess a firearm in North Dakota, you're not alone—and you're not without options. Whether due to a felony conviction, a domestic violence case, or a mental health commitment, North Dakota law provides pathways to restore your gun rights in certain circumstances.

At Heartland Law Office, we help individuals across the state navigate the legal steps required to regain their Second Amendment rights. Here's what you need to know if you're considering restoring your gun rights in North Dakota.

Why Gun Rights Get Taken Away

Under North Dakota law and federal law, you can lose your gun rights for several reasons:

• Felony convictions

• Domestic violence misdemeanor convictions

• Protective or restraining orders

• Mental health commitments or guardianship findings

• Drug or substance abuse issues

Loss of firearm rights can be automatic upon conviction or court order. That restriction may apply for a set number of years or indefinitely depending on the situation.

Pathways to Restoring Gun Rights in North DAkota

Restoring firearm rights is not an automatic process. You must proactively petition the court or follow certain procedures. The exact path depends on why your rights were taken away.

1. After a Felony Conviction

If you've been convicted of a felony in North Dakota, you are prohibited from possessing a firearm under both state and federal law. However, state law allows individuals to petition for rights restoration:

• NDCC §62.1-02-01.1: After five years from the date of discharge from sentence (including probation), a person may petition the district court to restore firearm rights.

• The court will consider the nature of the offense, time elapsed, and evidence of rehabilitation.

• A successful petition restores rights under state law, but federal law may still bar possession unless civil rights are fully restored.

2. Domestic Violence Convictions

Federal law (Lautenberg Amendment) imposes a lifetime firearm ban for those convicted of a qualifying misdemeanor domestic violence offense. Restoration is more complex:

• Expungement or set-aside of the conviction is one potential path.

• North Dakota does not have a broad expungement statute, but some limited relief may be available depending on the facts.

• Consulting with a lawyer is critical to ensure you don't inadvertently violate federal law.

3. Mental Health Commitments or Guardianship Findings

A person who has been committed to a mental health institution or found mentally incompetent by a court may lose their firearm rights.

• NDCC §62.1-02-01.2 allows individuals to petition for relief from firearm disabilities.

• The petition must be filed in the district court, and includes evidence of recovery and ability to safely possess firearms.

• A judge will assess whether granting the petition is consistent with public safety and justice.

4. Tribal Court Considerations

If the disqualifying conviction or order occurred in a tribal court, different rules may apply. Tribal courts may not have a process for restoration, and state recognition of such restoration can be complex.

Heartland Law's experience with tribal law in North Dakota ensures that your petition aligns with both tribal and state frameworks.

What the Court Looks At

When reviewing a petition to restore gun rights, the court may consider:

• The seriousness and nature of the original offense

• Time since the conviction or disqualifying event

• Efforts at rehabilitation (counseling, employment, etc.)

• Evidence of good character and law-abiding behavior

• Whether restoration poses a risk to public safety

Providing clear documentation, personal letters, and testimony can make a strong difference in your case.

Do I Need a Lawyer?

While it is possible to file a petition on your own, the process can be legally and procedurally complex. A knowledgeable criminal defense attorney can:

• Assess your eligibility

• Prepare a persuasive petition

• Navigate court procedures and deadlines

• Advocate on your behalf during hearings

An attorney can also help you avoid pitfalls, such as unknowingly violating federal restrictions even after state rights are restored.

Serving All of North Dakota

Heartland Law Office helps clients in Bismarck, Mandan, Minot, Dickinson, Williston, Fargo, and across rural and tribal areas. Whether your case involves state or tribal jurisdiction, we can help you chart a legal path forward.

Take the First Step Toward Restoration

If your gun rights were taken away, you're not powerless. With the right legal guidance, many people in North Dakota have successfully restored their rights and reclaimed their independence.

Contact Heartland Law Office today to schedule a consultation. We'll review your situation, explain your options, and help you take the first step toward restoring your rights.

This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.