State lawmakers passed a ban on local zoning ordinances and regulations concerning guns and ammunition. This was obviously to prevent a patchwork quilt of competing gun rights statutes that would see constitutional rights protected in one locale only to be stripped away in another.
The state severely limited the ability of cities and local governments to regulate gun and ammunition sales. The law went into effect in August and erased previous statutes.
The measure’s sponsor, Rep. Ben Koppelman (R), pointed to ATF actions in 2016 when the agency refused to renew federal firearm licenses for dealers in Fargo who conducted business from their homes.
He said the fundamental issue is whether gun laws should be based locally or emanate from the state.
Fargo, North Dakota’s largest city, sued in 2023 while blasting the state measures as unconstitutional. City leaders further charged that residents’ home rule powers were being usurped by the state.
However, District Judge Cherie Clark dismissed the city’s complaint last week while granting the state’s motion for summary judgment.
Clark was clear in her ruling. “While the Court agrees that (the North Dakota Constitution) intends for ‘maximum local self-government,’ the law is not settled that this language alone provides home rule cities the right to legislate on topics the state legislature has limited.”
The judge then issued a caveat expressing concerns over too much state control over local issues.
“If the legislature continues to pare home rule powers, home rule cities lack the discretion to address important issues impacting their respective and unique communities.”
Fargo restricts the rights of the people to conduct several businesses out of their residences. Besides dog grooming and vehicle repair, the municipality also bans gun and ammunition sales from the home.
This runs directly counter to the longstanding tradition of federal firearm licensees legally operating from their residences. In 2020, roughly 33% of those who held these licenses ran home businesses. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reported this topped all other categories of zoned facilities.
Further, even with the prevalence of anti-Second Amendment laws in many states, it is noteworthy that Massachusetts is the only one that prohibits home-based gun dealers.
Gun control advocate organization Brady countered that several municipalities ban the practice — but no longer in North Dakota.
Gun rights opponents charge that these “kitchen table” businesses are fraught with possible issues. These include the other residents of the household having access to inventory and records, possible mixture with personal possessions, and security concerns over break-ins and burglaries.
But the ATF’s St. Paul Field Division readily admitted that these residential retailers are fairly common in the region.
Fargo is hopeful that its successful 2021 challenge to a similar state law is a sign of the future. Mayor Tim Mahoney said officials will convene with their legal representation and discuss what steps will be taken after the judge’s ruling.
He noted the previous victory and the need to determine what is different about this case.
This showdown between North Dakota and its largest city represents an issue that is also playing out in other states. Missouri is another prime example where state lawmakers were forced to step in to protect the Second Amendment rights of their citizens from city leaders attempting to erase these protections.
And legislators in both states were correct. Cities must not be permitted to strip the right to self-defense away from law-abiding citizens.
