Fargo suing the state of North Dakota over new gun law
BY Herschel Smith1 year, 3 months ago
FARGO, N.D. (Valley News Live) – Fargo is suing the state of North Dakota over a new law that bans zoning ordinances related to guns and ammunition, continuing a clash over local gun control.
The state’s biggest city has an ordinance that bans people from selling guns and ammunition out of their homes. The Republican-controlled Legislature passed a law this year that limits cities and counties from regulating guns and ammunition. The law, which took effect Tuesday, also voids existing, related ordinances.
The city’s lawsuit says the “stakes are much higher” and gets at whether the Legislature can “strip away” Fargo’s home rule powers. Fargo voters approved a home rule charter in 1970 that gave the city commission certain powers, including the power to zone public and private property.
“As it relates to this present action, the North Dakota legislative assembly is upset that the City of Fargo has exercised its home rule powers to prohibit the residents of the City of Fargo – and no one else – from the home occupation of selling firearms and ammunition and the production of ammunition for sale,” the lawsuit states. “Effectively, the City of Fargo does not want its residents to utilize their homes in residential areas as gun stores.”
The city successfully challenged a similar law two years ago.
North Dakota Attorney General Drew Wrigley told The Associated Press his office will evaluate the complaint. Fargo city spokesperson Gregg Schildberger said the City Commission will discuss the lawsuit on Monday during a regular meeting.
Bill sponsor and Republican state Rep. Ben Koppelman told a state Senate panel in April that the issue came to greater attention in 2016 when, because of the ordinance, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives refused to renew the federal firearms licenses of Fargo dtealers who sold out of their homes.
“What is at issue is whether we want local governments creating gun control or whether we want gun regulations to remain a state-controlled issue,” Koppelman said in April. “Without this bill and in light of the (2021) court opinion, I think local political subdivisions could propose all sorts of local gun control, and based on the anti-gun track record of the City of Fargo Commission, I think we could expect it.”
It’s difficult for me to ascertain where this is for ND and the city of Fargo. I’m not sure if the article is implying a likelihood of success because of prior protocol (lack of a preemption law), or screwed up judges.
In any case, it’s difficult for me to see any option other than ND law overriding Fargo ordinances. Cities seem to always be a hotbed of controllers, Karens and HOA committees who like to tell other people what to do.
I support this preemption law as long as the state of ND honors the rights under the 2A. I oppose any preemption law from a state that strips away rights under the 2A.
I see nothing inconsistent with my position. Always press towards maximum liberty as long as property rights and noise ordinances aren’t infringed.
On August 7, 2023 at 6:34 am, Joe Blow said:
This is why I believe the only response is
Shall not be infringed
Shall not be infringed
Shall not be infringed
Are there good intentions behind this bill? Maybe.
The road to hell was paved with good intentions.
This is the dynamic in the fight our side is stupid for not seeing. Perfectly reasonable situation. Good intentioned law – until some politician or lawyer gets a novel reading rddefining what the word “is” is… and they screw you over with it.
Go ahead, debate bump stocks, magazine bands, folding stocks, and pistol grips. Fight for every inch and scrap every single time.
Or tell them BFYTW, SHALL NOT BE INFRINGED!
You’re not dealing with honest, genuine people. They are looking for a way to subvert the rule they cannot otherwise break. Just allow gays to get married they used to say. Its not like we’re trying to groom the children!
SHALL NOT BE INFRINGED!
DON’T GIVE EM A FUCKING INCH OR THEY’LL TAKE A FOOT!
On August 7, 2023 at 9:21 am, xtphreak said:
@Joe
I really wish you wouldn’t sugar-coat it and just come out and tell us how you really feel. :>)
On August 8, 2023 at 3:13 am, Phil Ossiferz Stone said:
There are 20,000 African ‘refugees’ in Fargo, imported by the Lutherans with government grants, and more arriving all the time. The locals call it Little Sudan. I wonder what will happen when all these beautiful POC exercise their inherent natural rights and start dealing weapons and ammo out of their living rooms….
Which is by no means an argument for gun control. Don’t get me wrong. Merely food for thought.
On August 8, 2023 at 10:31 am, Herschel Smith said:
@Phil,
Oh, I intend to follow up on this story.
On August 8, 2023 at 4:24 pm, Dirk said:
Republicans? When will you people get it. Dem/ Rep, same animal, the choice is a simple coin toss, heads rep,,,,,tails dem.
They are all my enemy.
These clowns going thru the Biden stuff all these hearings mean nothing, its a dog and pony show.
You want meaningful change pick up your rifles kill as many as you can before they get you.
This battle MUST be different. Killing their useful idiots/fodder solves nothing, kill the shot callers lots of shot callers left and right,,,,,,,will get the desired results. When the fighting stops the trials began, a trial by OUR peers, by men and women who fought not sat on the side lines, and a hanging within ten minutes.
Those whom profited from any war Americans fought and died in, SHALL be tried and hung right along side these communist swine.
Dirk