Section 109-02-03-02 - Use of force examination and sidearm qualification for individuals not licensed in North DakotaThe board shall establish and certify a sidearm qualification and use of force examination for individuals not licensed in North Dakota, including:
1. A written examination covering criminal and civil liability and North Dakota law on the use of force. A score of one hundred percent is necessary for successful completion of the written examination. An individual may attempt the use of force examination three times. Only one attempt may occur in any twelve-hour period. If those three attempts are unsuccessful, the individual must wait thirty days from the last unsuccessful attempt before retaking. After that period, the individual may attempt a single use of force examination. If the individual does not pass, they may not attempt the use of force examination for three hundred sixty-five days.2. A North Dakota certified sidearm shooting course using the officer's duty weapon, duty equipment, and duty ammunition or ammunition equivalent grain to the ammunition the officer carries on duty. Successful completion of the sidearm qualification requires a minimum score of seventy percent and the demonstration of competence in sidearm skills, including the safe handling, loading, and unloading of the sidearm, as determined by a certified weapons instructor.3. An individual may attempt to qualify four times. The first three attempts only may occur once in any twelve-hour period. If a third unsuccessful attempt occurs, the individual must wait thirty days before their final attempt at qualification. If the individual is still unable to qualify, they may not attempt qualification for three hundred sixty-five days from the fourth unsuccessful attempt.4. Only a North Dakota certified weapons instructor may administer the sidearm qualification and use of force examination.N.D. Admin Code 109-02-03-02
Amended by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.General Authority: NDCC 12-63-04(2)(d)
Law Implemented: NDCC 12-63-04