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.
Click the link to read the whole article: Fargo, N.D. Argues “Home Rule”
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