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Bartholomew Roberts · September 30, 2009, 08:46 AM

The various self-defense laws for North Dakota appear to be in Chapter 12.1-05 of the North Dakota Criminal Code.

I notice also that North Dakota still has a duty to retreat if you are not within a "dwelling." However, it appears that while Section 39-01-01 defines the types of motor vehicles that are afforded the same protection as a dwelling, there doesn't appear to be an actual definition of "dwelling" in North Dakota statutes. So for you, the question is doubly important since not only do you not get the "shortcut" discussed above if you aren't in a dwelling, you also have a duty to retreat if you can safely do so and aren't in a "dwelling."

I would look at the burglarly statutes and burglarly cases for North Dakota. Often, in other states, those statutes use the same definition of a "dwelling" and there is a lot of case law over whether or not breaking into a particular building was breaking into a "dwelling" for sentencing purposes. That might help you find an answer to your question.

September 30, 2009, 08:46 AM	#25
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	The various self-defense laws for North Dakota appear to be in Chapter 12.1-05 of the North Dakota Criminal Code. I notice also that North Dakota still has a duty to retreat if you are not within a "dwelling." However, it appears that while Section 39-01-01 defines the types of motor vehicles that are afforded the same protection as a dwelling, there doesn't appear to be an actual definition of "dwelling" in North Dakota statutes. So for you, the question is doubly important since not only do you not get the "shortcut" discussed above if you aren't in a dwelling, you also have a duty to retreat if you can safely do so and aren't in a "dwelling." I would look at the burglarly statutes and burglarly cases for North Dakota. Often, in other states, those statutes use the same definition of a "dwelling" and there is a lot of case law over whether or not breaking into a particular building was breaking into a "dwelling" for sentencing purposes. That might help you find an answer to your question.