WASHINGTON (CBSDC) — It’s three days into the new year and Vice President Joe Biden has committed his first gaffe of 2013.

During North Dakota Sen. Heidi Heitkamp’s swearing-in, Biden made a joke about being frisked when the photographer told them to put their arms down.

“Spread your legs, you’re gonna be frisked,” Biden said.

Biden went on to say that if you ask someone from North Dakota to put their hands to their sides, they think they will be frisked.

“I’m a little formal, I know,” Biden joked.

Biden was in the Senate chamber Thursday swearing-in the new senators-elect.