Opinion
On Thursday, December 19th, the North Dakota Supreme Court upheld a lower court decision to dismiss a lawsuit brought by the city of Fargo against the state legislature to block House Bill 1340, a bill passed in 2023 that strengthens statewide preemption.
This is a critical victory for residents of North Dakota, and you can read the court’s full opinion here.
The city of Fargo has had a ban on firearms sales in residential-zoned areas, even by licensed FFLs, for several years.
The city filed suit against HB 1340 shortly after the bill passed in 2023, arguing that the law violated their ability for local control. Fortunately, the Supreme Court ruled that infringing upon the Second Amendment does not fall under the purview of local control.
HB 1340 enhances North Dakota’s firearm preemption law, stating that the Legislature is the sole authority in the state allowed to regulate firearms. This prevents localities, like Fargo, from creating a confusing patchwork of gun laws in the state and ensures that citizens enjoy the same abilities to exercise their Second Amendment rights across the whole state.
Fargo, N.D. Argues “Home Rule” Allows it to Supersede State Preemption Law
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
