Posted on 08/10/2023 11:29:52 AM PDT by marktwain
In 2001, Fargo, North Dakota, used the vehicle of zoning ordinances to prevent people from selling guns and/or ammunition from their homes. The ordinance was mostly ignored until some residents renewed their Federal Firearms Licence (FFL) in 2020. Fargo considered changing the ordinance but did not do so. In 2021, North Dakota strengthened its preemption statute to this language:
1. A political subdivision, including home rule cities or counties, may not enact a zoning ordinance or any other ordinance relating to the purchase, sale, ownership, possession,transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void.
Fargo challenged the new preemption statute, claiming the state did not have the power to regulate zoning. District Judge Stephannie Nicole Stiel ruled in 2022 the preemption ordinance did not apply to Fargo zoning because state law did not regulate commercial sales of firearms. From inforum.com:
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.
The North Dakota legislature quickly took action against this challenge to its authority. It passed HB1340, which made clear political subdivisions of the state did not have any authority
(Excerpt) Read more at ammoland.com ...
But their deep state bosses weren't concerned. They need to focus on threats to THEIR regime, not the unwashed masses.
They do it in Colorado.
Fargo is more Minnesota than North Dakota.
You go that right, Dan. A “Progressive” mayor and a few outright Communists on our city commission. This city has changed so much in the past 25 years. Fortunately our state government has some degree of sanity and is willing to fight for those of us behind enemy lines.
Simply an end run around the Second Amendment .
The preemption means just that.The tail wagging the dog.
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