3 days Ago By April Baumgarten
FARGO — Fargo does not have the authority to ban residents from selling guns out of their homes, the North Dakota Supreme Court ruled. In an opinion published Thursday, Dec. 19, the Supreme Court upheld a lower court’s decision to dismiss the city’s lawsuit against the North Dakota Legislature.
The lawsuit was meant to block House Bill 1340, which prohibited cities and counties from banning the sale of guns in homes. ADVERTISEMENT The bill targeted a home rule charter ordinance that Fargo approved in 2001. It’s unclear why it took 20 years to challenge the city ordinance, but residents voiced concerns about the city law to lawmakers.
That prompted two attempts to overturn the city law. The Legislature passed a similar bill in 2021 aiming to strike down Fargo’s gun sales restriction in homes. Fargo argued that the state law limited its ability to "maximum local self-governance.
" The city said it should have the ability to set laws on "purely local" issues. Fargo previously won its lawsuit against the North Dakota Legislature when lawmakers passed the first ban. Lawmakers then went back to the drawing board and passed HB 1340.
Fargo again sued, but Cass County Judge Cherie Clark held in February that the home rule charter has limits and is subject to state law. The Supreme Court disagreed with arguments from the city that the 2023 law was unconstitutional. The opinion said political subdivisions, including cities, cannot pass ordinances that restrict the sale of guns.
The Legislature has the right to create and define powers for home rule cities, the opinion said. ADVERTISEMENT The city’s argument that it has the power to make laws to protect the health and welfare of its residents is misplaced, the Supreme Court said. Mayor Tim Mahoney said the city respects the decision from the Supreme Court.
"The Fargo City Commission will be receiving a recommendation to take the appropriate steps to amend our ordinances as needed during its upcoming Jan. 6 regular meeting," he said..
