Are peer-to-peer gun sales legal in North Dakota?

Are peer-to-peer gun sales legal in North Dakota?
Photo by Nejc Soklič on Unsplash

Yes.

Private, or peer-to-peer, gun sales are legal in North Dakota.

The North Dakota News Cooperative is partnering with Gigafact to produce timely fact briefs, which are quick, evidence-based fact checks about trending claims relevant to North Dakota.

The state does not require background checks, permits, or waiting periods for private transfers between individuals who are North Dakota residents, as long as both parties are legally allowed to own firearms.

Federal law prohibits sales to certain groups, such as felons, minors, undocumented immigrants, or people adjudicated as mentally unfit, and requires background checks only when firearms are purchased from federally licensed dealers.

Handguns may not be transferred to minors under state law, with limited exceptions for supervised use. In addition, while private sales within the state are allowed, federal law bars unlicensed individuals from transferring firearms across state lines.

Certain categories of weapons, including machine guns, silencers, and short-barreled rifles or shotguns, are regulated under the National Firearms Act and require federal registration and approval regardless of whether the transfer is private or through a dealer.

This fact brief is responsive to conversations such as this one.

Sources:
North Dakota Century Code – Title 62.1 (Weapons)
Bureau of Alcohol, Tobacco, Firearms and Explosives – Federal Firearms Regulations
U.S. Government Publishing Office 18 U.S.C. § 922 – Unlawful acts

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