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North Dakota provides that a firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is not liable to any person or to the estate, a successor, or survivor of any person for any injury suffered, including wrongful death and property damage, because of the use of a firearm by another.1

In addition, an association of federally licensed firearm manufacturers, importers, or dealers “is not liable to any person or to the estate, a successor, or survivor of any person for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of the association.”2

However, North Dakota law does not immunize firearms manufacturers, distributors, sellers, and importers from claims for relief for deceit, breach of contract, express or implied warranty, or for injury resulting from failure of a firearm to operate in a normal or usual manner due to defects or negligence in design or manufacture.3 The potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product.4 A firearm also may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged.5

In addition, North Dakota law does not immunize firearms manufacturers, distributors, sellers, and importers from claims for relief arising from the unlawful sale or transfer of a firearm or an instance when the transferor knew or should have known that the recipient would engage in the unlawful sale or transfer of the firearm or would use or purposely allow the use of the firearm in an unlawful, negligent, or improper fashion.6

North Dakota law provides, in part:

 See our Gun Industry Immunity policy summary for a comprehensive discussion of this issue. 

  1. N.D. Cent. Code § 32-03-54(2).[]
  2. N.D. Cent. Code § 32-03-54(3).[]
  3. N.D. Cent. Code § 32-03-54(4).[]
  4. Id.[]
  5. Id.[]
  6. N.D. Cent. Code § 32-03-54(4).[]
  7. N.D. Cent. Code § 42-01-01.1.[]