N.D. Admin. Code 10-12-01-01

Current through Supplement No. 394, October, 2024
Section 10-12-01-01 - Definitions

The terms used throughout this chapter have the same meaning as in the North Dakota Century Code unless otherwise defined here:

1. "Agency" means the attorney general's office bureau of criminal investigation division.

2. "Applicant" means an individual who is applying for a concealed weapons license.

3. "Class 1 license" means a concealed weapons license issued to an individual at least twenty-one years of age who has participated in classroom instruction on weapon safety rules and the deadly force law of North Dakota, has demonstrated evidence of familiarity with a firearm, and has successfully completed an actual shooting exercise in accordance with these rules.

4. "Class 2 license" means a concealed weapons license issued to an individual at least eighteen years of age who has successfully completed an open-book examination on weapon safety rules and the deadly force law of North Dakota.

5. "Concealed weapons license" means a class 1 firearm or class 2 firearm and dangerous weapon license issued by the director of the bureau of criminal investigation to carry a firearm or dangerous weapon concealed.

6. "Crime of violence" means a violation of North Dakota Century Code section 12.1-16-01, 12.1-16-02, 12.1-17-02, 12.1-18-01, subdivision a of subsection 1 or subdivision b of subsection 2 of section 12.1-20-03, section 12.1 -22-01, subdivision b of subsection 2 of section 12.1 -22-02, or an attempt to commit the offenses, or any equivalent statute of any other jurisdiction.

7. "Director" means the director of the bureau of criminal investigation.

8. "Mentally incompetent" means an individual requiring treatment as defined in subsection 11 of North Dakota Century Code section 25-03.1-02.

9. "Offense involving moral turpitude" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving conduct that:

a. Is done knowingly contrary to justice, honesty, or good morals;

b. Includes as an element of the offense falsification or fraud;

c. Includes as an element of the offense harm or injury directed to another individual or entity or another individual's or entity's property; or

d. Is in violation of North Dakota Century Code chapter 12.1-20 or 12.1-27 or equivalent laws of another state or the federal government.

10. "Test administrator" means an individual certified by the attorney general to provide classroom instruction on weapon safety rules and the North Dakota deadly force law, administer written examinations for concealed weapons licenses, determine evidence of familiarity with weapons, and conduct shooting and proficiency exercises for firearms. This definition includes all law enforcement personnel, military personnel, hunter safety instructors, private civilians, and any other individuals in any other classification who are certified by the attorney general to administer a concealed weapons test.

N.D. Admin Code 10-12-01-01

Effective September 1, 1986; amended effective April 1, 2010; January 1, 2012; August 1, 2013.

General Authority: NDCC 62.1-04-03

Law Implemented: NDCC 62.1-04-03