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Fargo, N.D. Argues “Home Rule” Allows it to Supersede State Preemption Law
AmmoLand ^ | August 8, 2023 | Dean Weingarten

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 ...


TOPICS: Culture/Society; Government; News/Current Events; US: North Dakota
KEYWORDS: 2a; banglist; nd; northdakota; ordinances; zoning
Fargo is a university town with one of the highest income levels in the state. Seems the city government wishes to make a name for itself as progressive "anti-gun".
1 posted on 08/10/2023 11:29:52 AM PDT by marktwain
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To: marktwain; dfwgator
They didn't say anything about wood chippers did they? Asking for a couple of guys driving a tan Ciera. Well, one guy....the other one had enough money to pay for half the car but he settled for having $0 and no future.


2 posted on 08/10/2023 11:34:42 AM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: marktwain
Of course, the FIB visited the member of the religion who can't be criticized some months before he ambushed and murdered one Fargo cop and wounded two others. They noted he was stockpiling an arsenal.

But their deep state bosses weren't concerned. They need to focus on threats to THEIR regime, not the unwashed masses.

3 posted on 08/10/2023 11:36:28 AM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: marktwain

They do it in Colorado.


4 posted on 08/10/2023 11:42:58 AM PDT by dljordan
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To: marktwain

Fargo is more Minnesota than North Dakota.


5 posted on 08/10/2023 11:44:09 AM PDT by Lion Den Dan ( )
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To: Lion Den Dan

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.


6 posted on 08/10/2023 1:06:29 PM PDT by GOP_Party_Animal
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To: marktwain
The "home rule" concept is a nightmare for firearms regulation. It is better to have a consistent set of laws within the state boundaries vs the potential for varying laws that trip up an unsuspecting traveler. It is reason enough to never drive across a "home rule" oriented state.
7 posted on 08/10/2023 1:23:39 PM PDT by Myrddin
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To: Myrddin

Simply an end run around the Second Amendment .
The preemption means just that.The tail wagging the dog.


8 posted on 08/10/2023 2:16:24 PM PDT by skinny old man (Still lurking and posting after all these years(27 yrs ?)(more ?)(seems like more...))
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To: skinny old man
the tail wagging the dog is separate
9 posted on 08/10/2023 2:18:35 PM PDT by skinny old man (Still lurking and posting after all these years(27 yrs ?)(more ?)(seems like more...))
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To: skinny old man
the tail wagging the dog is separate,not part of the preemption Law.
10 posted on 08/10/2023 2:27:55 PM PDT by skinny old man (Still lurking and posting after all these years(27 yrs ?)(more ?)(seems like more...))
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