SECTION 2. AMENDMENT. Section 62.1-02-05 of the North Dakota Century Code is
amended and reenacted as follows:
62.1-02-05. Possession of a firearm at a public gathering - Penalty - Application.
1. A person who possesses a firearm at a public gathering is guilty of a class B
misdemeanor. For the purpose of this section, "public gathering" includes athletic
or sporting events, schools or school functions, churches or church functions,
political rallies or functions, musical concerts, and individuals in publicly owned
parks where hunting is not allowed by proclamation and publicly owned or
operated buildings.
2. This section does not apply to law enforcement officers; members of the armed
forces of the United States or national guard, organized reserves, state defense
forces, or state guard organizations, when on duty; competitors participating in
organized sport shooting events; gun and antique shows; participants using blank
cartridge firearms at sporting or theatrical events; any firearms carried in a
temporary residence or motor vehicle; students and instructors at hunter safety
classes; or private security personnel while on duty. In addition, a municipal court
judge licensed to practice law in this state, a district court judge, and a retired North
Dakota law enforcement officer are exempt from the prohibition and penalty in
subsection 1 if the individual is otherwise licensed to carry a firearm under section
62.1-04-03 and maintains the same level of firearms proficiency as is required by
the peace officers standards and training board for law enforcement officers. A
local law enforcement agency shall issue a certificate of compliance under this
section to an individual who is proficient.
3. This section does not apply to an individual licensed to carry a firearm under section 62.1-04-03 when that individual is on the real property comprising a state or private institution of higher education and that individual is on real property that is a dwelling unit or that unit's related parking and shared space. In addition, this section does not apply to an individual with a valid general game license issued by this state or who has successfully completed hunter education in this state or any other state or province, when that individual is on the real property, comprising a state or private institution of higher education and that individual is on the real property that is a dwelling unit or that unit's related parking and shared space. As used in this subsection, dwelling unit does not include a dormitory.
4. This section does not prevent any political subdivision from enacting an ordinance
which is less restrictive than this section relating to the possession of firearms at a
public gathering. Such an ordinance supersedes this section within the jurisdiction
of the political subdivision.