North Dakota: Retired LEOSA Concealed Carry Has Significant State Limits

• Qualified retired law enforcement officers in North Dakota can carry concealed firearms without a state license, per federal LEOSA and N.D.C.C. section 62.1-01-01.
• North Dakota state law prohibits concealed firearms in specific locations like liquor establishments, gaming sites, schools, churches, and public gatherings, even for LEOSA-qualified individuals.
• To qualify, officers must meet mental health criteria and complete a specific qualification course, with documentation submitted to North Dakota POST via the PFN10a form.
• The PFN10a form only confirms course completion for out-of-state qualifiers; full LEOSA qualification requires good standing documentation from the officer's agency or POST.
• LEOSA applies solely to firearms; other weapons like knives still necessitate a state-issued concealed weapons license.

North Dakota state law broadly prohibits the presence of firearms and other dangerous weapons, whether concealed or openly carried, in several specific environments.

Retired law enforcement officers in North Dakota may carry a concealed firearm without needing a state-issued concealed weapons license, provided they meet specific federal and state criteria. This provision is rooted in the Law Enforcement Officers Safety Act Improvements Act of 2010, which was amended on January 2, 2013, and is further supported by North Dakota Century Code section 62.1-01-01. It is crucial to note that this federal and state framework exclusively pertains to firearms; carrying other types of weapons, such as knives, still necessitates obtaining a standard concealed weapons license.

The 2013 amendment to the Law Enforcement Officers Safety Act (LEOSA) expanded its scope to include military police. This was achieved by incorporating the phrase "or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice" after the term "arrest," thereby extending the protective provisions of LEOSA to this specific group of retired personnel.

Despite the federal allowances under LEOSA, retired law enforcement officers in North Dakota face significant state-level restrictions on where they can carry concealed firearms. Federal law explicitly states that it does not authorize individuals to carry concealed firearms on state or local property, installations, buildings, bases, or parks if such locations are prohibited or restricted by state or local statutes. North Dakota law, in turn, broadly prohibits the presence of firearms and other dangerous weapons, whether concealed or openly carried, in several specific environments.

These prohibited locations include all liquor establishments and gaming sites. Furthermore, firearms are not permitted at any public gathering, which encompasses a wide array of events and venues. This includes sporting events, schools and school functions, churches and church functions, political rallies or functions, and musical concerts. Publicly owned or operated buildings are also off-limits, as are publicly owned parks where hunting is not authorized. Beyond public spaces, LEOSA compliance does not override the rights of private property owners; if a private individual or entity prohibits or restricts concealed firearms on their property, a qualified retired officer may not carry one there.

To be considered a "qualified" retired law enforcement officer under LEOSA, an individual must satisfy specific mental health criteria. This means they must not have been officially determined by a qualified medical professional employed by their former agency to be unqualified due to mental health reasons. Alternatively, they must not have entered into an agreement with their agency acknowledging any mental health-related unqualification. While a state or local government agency is not legally obligated to issue the required photo identification for LEOSA, the qualification process itself is stringent.

Recent legislative changes, specifically HB 1589, have clarified that concealed weapon test administrators are authorized to conduct LEOSA qualifications, adhering to established submission guidelines. A critical distinction arises when an agency or a concealed weapon test administrator qualifies a retired officer from another state: the PFN10a form, in such cases, merely confirms successful completion of the qualification course. It does not, by itself, signify full LEOSA qualification. For complete LEOSA qualification, the necessary documentation confirming the officer's good standing must originate from their respective agency or the North Dakota Peace Officer Standards and Training (POST) board.

Agencies in North Dakota are expected to continue qualifying their retired officers, with the relevant information being recorded on the PFN10a form, which is available on the POST website. When completing this form, it is essential to clearly indicate "retired" under the agency section. Once completed, this form must be electronically submitted to Jessica Linder at POST via email at jrlinder@nd.gov. These submitted forms are then maintained on file with POST, serving as official records for any future inquiries regarding an individual's LEOSA qualification status.

There is a specific LEOSA qualification course that retired officers must successfully complete to meet the requirements. Certified North Dakota concealed weapon licensing test administrators are available to conduct this qualification course, ensuring that officers meet the necessary standards. The diligent completion and submission of the PFN10a form, along with successful course qualification, are vital steps for retired officers seeking to exercise their concealed carry privileges under LEOSA in North Dakota.

Lawyers advising retired law enforcement officers in North Dakota must understand the specific state-level restrictions that still apply to concealed carry, even under LEOSA, and guide clients through the correct qualification and documentation process with POST. Compliance officers for venues should note the specific locations where concealed firearms are prohibited, regardless of LEOSA qualification, to ensure proper enforcement and signage.

Source: Original reporting via North Dakota Attorney General's Office