Criminal Justice (Courts)

HB 1301 would require North Dakota courts to explicitly prohibit probationers from possessing firearms, destructive devices, or dangerous weapons as a standard condition of probation, except for specific first-time misdemeanor offenses under certain sections (like minor traffic violations or low-level drug offenses) if the court makes a documented finding of "good cause" to waive the ban. It also adds new probation conditions like community service, electronic monitoring, and strict rules against failing urine tests, while prohibiting firearm bans for most other misdemeanors. The bill applies to all probation sentences imposed after its effective date. This would directly affect individuals on probation for most crimes, limiting their access to firearms unless specific legal exceptions apply.

HB 1411 prohibits North Dakota state agencies, courts, and political subdivisions from adopting, implementing, or enforcing "extreme risk protection provisions" - rules or court orders that temporarily restrict firearm access for individuals deemed a risk to themselves or others. The bill explicitly bans such provisions (excluding domestic violence or mental health orders) and states that violating this prohibition is a class B felony. It also prevents state agencies from using public funds to support any related enforcement. This bill directly affects courts, law enforcement, and state agencies by blocking the implementation of "red flag" laws at the state level.