Contributor: Adam Justinger

Introduction

Have you ever applied for a concealed weapons license (CWL)? Have you ever been denied a CWL? Being denied a CWL in North Dakota can be frustrating — especially if you believe the decision was wrong or based on outdated or incomplete information. Fortunately, North Dakota law provides a process to appeal a denial or revocation of a CWL. This blog explains how the appeal process works, what your options are, and how to give yourself the best chance at success.

The Basics

In North Dakota, CWL’s are issued by the North Dakota Bureau of Criminal Investigation (BCI), under the authority of North Dakota Century Code (NDCC) Chapter 62.1-04. There are two types of CWL’s; a class 1 CWL and a class 2 CWL. To obtain a class 1 CWL, an individual must complete a classroom instruction, testing, and live-fire qualification. A class 2 CWL is less stringent and requires an individual to do classroom instruction and testing, but does not require a live-fire qualification.

Further, applicants must also meet certain criteria including age, residency, a background check, and not being prohibited under state or federal law from possessing firearms. For example, an individual must be at least twenty-one years of age for a class 1 CWL whereas a person must be at least eighteen years of age for a class 2 CWL. A class 1 CWL also requires that a person:

• Has not been convicted of a felony;
• Has not been convicted of a crime of violence;
• Has not been convicted of an offense involving the use of alcohol within three years prior to the date of application;
• Has not been convicted of a misdemeanor offense involving the unlawful use of narcotics or other controlled substances within ten years prior to the date of application;
• Has not been convicted of an offense involving moral turpitude;
• Has not been convicted of an offense involving domestic violence;
• Has not been adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
• Is qualified to purchase and possess a firearm under federal law.

A class 1 and class 2 CWL also have different reciprocities.

Why Was I Denied?

Under North Dakota law, BCI is required to process the application and make a determination within sixty days of receipt of the properly completed application. Generally, an individual is denied because they do not meet one (or more) of the criteria above. This could be the result of a criminal background check, drug/alcohol abuse, outstanding warrants, failing to pass the required test(s), etc. If you are denied, BCI will send a written notice explaining the reason for denial or revocation.

How To Appeal A Denial

If an applicant is denied, they have a right to appeal the denial or revocation of their CWL. An individual can apply for administrative review of the denial with BCI. Alternatively, an individual can appeal the denial or revocation to the district court in Burleigh County, ND. It is critical to discuss all of your options with an attorney experienced in this area of the law. If an individual prevails on appeal, they can expect to receive their CWL in the mail.

In Conclusion

North Dakota and federal firearm laws are extremely complex. It is important to have an experienced attorney in this area of the law to assist you with these matters. For help with firearm matters in North Dakota please contact SW&L Attorneys at 701-297-2890. For future articles, check out our blog. This article is for informational purposes only and is subject to our disclaimer.