Find Legal Information

62.1-05 Machine Guns, Automatic Rifles, Silencers, Bombs

Download pdf

CHAPTER 62.1-05MACHINE GUNS, AUTOMATIC RIFLES, SILENCERS, BOMBS62.1-05-01. Possession and sale of machine guns, automatic rifles, silencers, andbombs - Penalty - Forfeiture. No person may purchase, sell, have, or possess a machine gun,<br>fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases,<br>or any other federally licensed firearm or dangerous weapon unless that person has complied<br>with the National Firearms Act [26 U.S.C. 5801-5872].Any federal licensee who purchases, sells, has, or possesses those items for thelicensee's protection or for sale must forward a copy of the licensee's federal license along with<br>the required weapons transfer form to the licensee's local county sheriff and to the chief of the<br>bureau of criminal investigation within five days of the receipt of those forms.A person who violates this section is guilty of a class C felony.Upon arrest of thatperson, the firearm or dangerous weapon must be seized. Upon conviction of the person and<br>motion to the court in which the conviction occurred, the firearm or dangerous weapon must be<br>forfeited to the jurisdiction in which the arrest was made. The firearm or dangerous weapon may<br>be sold at public auction, retained for use, or destroyed pursuant to the court's order.If aqualified local program as defined under section 12.1-32-02.2 has paid a reward for information<br>that resulted in forfeiture of the item and the item has been sold, the jurisdiction shall, after<br>payment of expenses for forfeiture and sale, repay the qualified local program for the reward that<br>it has paid.62.1-05-02. Persons exempt from chapter. This chapter does not apply to:1.The authorized agent and a servant of a person who has a license to purchase, sell,<br>have, or possess a machine gun, submachine gun, fully automatic rifle, silencer, or a<br>bomb loaded with explosives or poisonous or dangerous gases.2.Any officer or member of a duly authorized military organization while on official duty<br>and using the firearm or dangerous weapon issued to the officer or member by that<br>organization.3.A North Dakota law enforcement officer.4.Any federal officer authorized by the federal government to have or possess a<br>machine gun, submachine gun, fully automatic rifle, silencer, or bomb loaded with<br>explosives or poisonous or dangerous gases.Page No. 1Document Outlinechapter 62.1-05 machine guns, automatic rifles, silencers, bombs