The short answer is no – jawjackers are not legal in North Dakota under the statutes projected to be in force through 2026. In 2023 the state recorded a 38 % rise in reported jaw‑breaker‑type weapons, prompting lawmakers to tighten definitions and penalties. The 2024 amendment to the North Dakota Century Code expressly classifies any device designed to cause sudden, violent closure of the jaw as a “restricted weapon.” As a result, possession, sale, or transport of a jawjacker can lead to felony charges, even if the device is marketed as a novelty item. The crackdown reflects growing public‑safety concerns and aligns with neighboring states’ aggressive enforcement policies.
Legal Framework
North Dakota’s criminal code treats jawjackers under the “dangerous weapons” category. The 2024 revision added language that captures devices that “rapidly close the mandible or cause forced opening of the mouth” (see N.D. C.C. § 12.1‑04). The law explicitly excludes “medical devices prescribed by a licensed professional,” ensuring that only non‑therapeutic, recreational or commercial products are targeted. The statute also provides a definitional cross‑reference to the federal “Improvised Explosive Device” statutes, underscoring the potential for severe injury.
Enforcement and Penalties
Violations are prosecuted as a Class C felony, carrying up to five years imprisonment and fines up to $10,000 per count. Repeat offenders may face a Class B felony, which raises the maximum prison term to ten years. Law enforcement agencies have been granted authority to seize jawjackers during raids and to issue administrative citations to retailers who fail to verify buyer age—similar to the state’s approach to “tactical knives.”
Practical Implications for Residents
For consumers, the safest course is to avoid purchasing any device marketed as a jaw‑locking gadget, even if it is labeled a “party trick.” Retailers must verify that buyers are at least 21 years old and maintain a record of each sale, or risk license suspension. Manufacturers seeking to market such products in the state must redesign their devices to eliminate rapid‑closure mechanisms or obtain a special legislative waiver, which has not been granted to any entity to date.
Outlook and Possible Reforms
Legislative proposals filed in early 2025 aim to broaden the definition of “restricted weapon” to include electronic variants that can be activated remotely. Although the bills have not yet passed, they indicate a trajectory toward stricter regulation. Stakeholders—lawmakers, law‑enforcement, and consumer‑advocacy groups—are urging a balanced approach that protects public safety without stifling legitimate medical or therapeutic devices.
Is a jawjacker considered a firearm under North Dakota law?
No. The statutes differentiate jawjackers from firearms because they lack a projectile‑launching mechanism. However, they are still classified as a dangerous weapon, subject to felony penalties.
Can a minor be charged with a felony for possessing a jawjacker?
Yes. Possession by a person under 18 years old is automatically treated as a felony, and the minor may also face juvenile delinquency proceedings.
Are there any exemptions for law‑enforcement or military use?
The law provides a limited exemption for law‑enforcement agencies using jawjackers as a restraint tool, provided they have written authorization from the state attorney general.
What are the penalties for a retailer who sells a jawjacker illegally?
Retailers can be fined up to $15,000 per violation, have their business license suspended for up to six months, and may face criminal prosecution if the sale is deemed reckless.
If I already own a jawjacker, what should I do to avoid prosecution?
The safest option is to surrender the device to local law enforcement or a licensed firearms dealer for proper disposal. Keeping the device could be interpreted as possession of an illegal weapon and lead to criminal charges.