Anti-gun forces in local governments are on the warpath against state preemption laws protecting Second Amendment rights. Once again, this time in North Dakota, their efforts proved futile.
Last Thursday, the North Dakota Supreme Court sent a clear message to gun control fanatics that constitutional rights are not to be infringed upon by cities and towns.
Amazingly, Fargo has had an ordinance on the books for several years banning the sale of firearms in residential areas, including those with a license to carry.
How this monstrosity of a law survived for this long is anybody’s guess.
In 2023, the North Dakota state government passed a needed enhancement to its existing preemption law protecting gun rights from local infringement. The new legislation clearly established that the state Legislature has the only authority to regulate firearms.
The law stated that local governments may not interfere with gun rights related to the “purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition.”
This protects law-abiding citizens from an unworkable patchwork quilt of local statutes that would almost certainly make actions perfectly legal in one jurisdiction a violation of the law in another.
That is just common sense.
This infuriated Fargo officials, who filed a lawsuit protesting HB 1340 as soon as the ink was dry.
In February, a district court tossed the case out, ruling that the state Legislature did not violate local governments’ rights. It also determined that Fargo may not regulate gun sales in such a manner.
Determined to defy the state government, Fargo officials appealed the case to the North Dakota Supreme Court. The court’s decision aligns with similar rulings across the nation, upholding the right of states to supersede local gun control.
The high court noted that preemption does not interfere with local rights and that city governments are not autonomous. It is up to the Legislature to determine the scope of local laws, including those concerning Second Amendment rights.
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