City of Fargo to sue North Dakota again over similar law controlling gun sales

FARGO — The city of Fargo will sue the state of North Dakota over a new law restricting local authority’s control of guns sales.

The Fargo City Commission on Wednesday, June 28, decided unanimously to sue the state over a new law passed by the state Legislature that forbids any local control on gun and ammunition sales.

The discussion leading up to the city’s decision was in an executive session that lasted about 30 minutes. The upcoming lawsuit will be the second of its kind since 2021.

The first law to ban local gun control came in 2021. The City of Fargo sued the state and won in February 2022, Mayor Tim Mahoney said. The 2021 bill was sponsored by Rep. Ben Koppelman, R-West Fargo.

The second law — also introduced by Koppelman — was

House Bill 1340

, similar to its predecessor but “tighter” in its wording, Mahoney said.

The bill was signed into law by Gov. Doug Burgum on April 12, and it seeks to limit Fargo’s home rule authority by prohibiting any zoning ordinances related to the purchase, sale, ownership, possession, transfer of ownership, registration or licensure of firearms and ammunition.

Much like the bill from 2021, the new law voids city zoning ordinances that already regulate where firearms can be sold within city limits, an issue

Fargo city commissioners stood united against

in January.

The new law will be enacted in August, Mahoney said, which doesn’t leave much room for hesitation.

“We intend to move quickly,” said Nancy Morris, Fargo city attorney.

Both Mahoney and Morris declined to comment further on the upcoming lawsuit, saying that all legal theories will come out in court.

Calls made to Attorney General Drew Wrigley’s office for more information were not returned Wednesday.

Cass County District Court Judge Stephannie Stiel issued the order upholding Fargo city ordinances regulating gun sales on Feb. 3, 2022. Much like the new law, the first law asserted that no political subdivision could enact rules relating to the purchase, sale or ownership of firearms and ammunition that is more restrictive than state law.

Fargo voted to enact a Home Rule Charter in 1970, provided as an option by the North Dakota State Coalition that allows municipalities to maintain a high level of local control.

In 2001, Fargo city commissioners banned the sale of firearms, ammunition and producing ammunition for sale or resale as a “home occupation.”

In addition to gun sales, mortuaries, pet kennels, dispatch centers and motor vehicle repair shops are also prohibited in residential neighborhoods by city ordinance.

In 2022, Eric Johnson, the former city attorney, told city commissioners that the “home rule mandate” that allows counties and cities to establish local power supersedes any state law within the city limits.

Stiel terminated the uncertainty and controversy

in her 2022 ruling by saying that cities “can enact zoning ordinances regulating home occupations and restricting uses of land relating to the purchase, sale, ownership and possession, transfer of ownership, registration, or licensure of firearms and ammunition.”

Stiel summarized the state’s argument by saying the state has preempted the area of law dealing with firearm regulation, “and because there is no state law, there is no restriction and any restriction would be more restrictive.”

Stiel summarized the city’s argument by saying that city ordinances are not more restrictive than state law because there is no state law on the issue.

C.S. Hagen is an award-winning journalist currently covering the education and activist beats mainly in North Dakota and Minnesota.