North Dakota Supreme Court Chief Justice Jon Jensen and Justice Lisa Fair McEvers were engaged in hearing arguments on December 18, 2023. Recently, the court made a significant decision by striking down a Fargo ordinance that aimed to regulate home gun sales. This ruling has sparked widespread discussions and debates among the public.
The North Dakota Supreme Court recently invalidated a Fargo ordinance that banned the sale of firearms and ammunition in residential zones. The court upheld the decision made by a lower court, which stated that the ordinance was in violation of state law.
In 2023, the city of Fargo filed a lawsuit challenging a new state law that limits the authority of local governments to regulate the sales of guns and ammunition. This decision is a result of that lawsuit.
Lawmakers passed a law during the 2023 session that prohibits local governments from implementing zoning ordinances that pertain to various aspects of firearms and ammunition. These include the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition.
Fargo, a city that had implemented a zoning ordinance to regulate the sale of firearms and ammunition for quite some time, decided to take legal action against the state. Their argument was that the law infringes upon local control and is therefore unconstitutional.
In February, a district court dismissed the case, stating that the law does not infringe upon the rights of local governments. Furthermore, the court ruled that Fargo’s local ordinance, which prohibits the sale of firearms and ammunition in residential areas, is no longer enforceable under the new law.
The decision was appealed by the city to the North Dakota Supreme Court.
During a hearing in September, the high court listened to arguments from both sides.
An attorney representing the city of Fargo raised concerns about the potential consequences of repealing Fargo’s ordinance in accordance with the state law. The attorney emphasized that such a move could hinder cities’ autonomy in governing themselves. In support of this argument, the attorney cited a provision in the North Dakota state constitution which explicitly states that political subdivisions in the state should have the authority to exercise “maximum local self-government.”
The state attorney argued against the notion that local governments should have complete autonomy as per the constitution. They emphasized that it is the Legislature that determines the extent of local law.
In its published opinion on Thursday, the Supreme Court upheld the ruling of the district court. According to the state constitution, “each political subdivision shall have and exercise such powers as provided by law,” as stated in the opinion. The court wrote that this language grants the state Legislature the authority to define the legislative power of cities.
The Supreme Court determined that the state law is a legitimate exercise of its constitutional authority to establish political subdivisions and, more specifically, to outline the powers of a home rule city.
