\n<\/p>\n
It seems like every time I look at the news, I see another city, whether in Pennsylvania<\/a>, Tennessee<\/a> or somewhere else<\/a>, having to take a big loss in the courtroom to accept the fact that state firearms preemption laws<\/a> mean what they say.<\/p>\n The latest was Fargo, North Dakota, where city leaders apparently decided they could make their own gun laws, despite the state preemption law saying the opposite.<\/p>\n According to a report from NRA\u2019s Institute for Legislative Action<\/a> (NRA-ILA), on December 19, the North Dakota Supreme Court upheld a lower court ruling dismissing a lawsuit brought by the city of Fargo against the state legislature to block a bill passed back in 2023<\/a> that strengthened the state\u2019s preemption law.<\/p>\n According to NRA-ILA, Fargo has banned gun sales in residential-zoned areas, even by licensed FFLs, for many years. The city filed suit against HB 1340 shortly after the bill passed in 2023, arguing that the law violated their ability for local control.<\/p>\n Of course, the new law did<\/em> violate their ability for local control. That\u2019s exactly what the legislature had intended for it to do. In the recent ruling, the state Supreme Court found that infringing upon the Second Amendment does not fall under the purview of local control, much to the chagrin of Fargo leaders.<\/p>\n \u201cHB 1340 enhances North Dakota\u2019s firearm preemption law, stating that the Legislature is the sole authority in the state allowed to regulate firearms,\u201d NRA-ILA wrote. \u201cThis prevents localities, like Fargo, from creating a confusing patchwork of gun laws in the state and ensures that citizens enjoy the same abilities to exercise their Second Amendment rights across the whole state.\u201d<\/p>\n In its ruling, the court determined that the preemption law is constitutional, leaving Fargo out in the cold with its gun sales ban.<\/p>\n \u201cWe conclude H.B. 1340 does not violate article VII of the North Dakota Constitution,\u201d the ruling stated. \u201cWe hold the legislature\u2019s enactment of H.B. 1340 constitutes a valid exercise of its constitutional authority to create political subdivisions and, specifically, to define the powers of a home rule city. We conclude H.B. 1340, as enacted, is constitutional as applied to Fargo\u2019s home rule charter and Fargo Municipal Code \u00a7\u00a7 20-0403(C)(5)(e) and 20-402(T)(3). Due to this holding, we need not address Fargo\u2019s argument H.B. 1340 and N.D.C.C. \u00a7\u00a7 40-05.1-06 and 62.1-01-03, as amended, are facially unconstitutional.\u201d<\/p>\n In the end, the court ruling stated: \u201cThe district court did not err in concluding H.B. 1340 preempts and renders void Fargo Municipal Code \u00a7\u00a7 20-0403(C)(5)(e) and 20-402(T)(3). We affirm the judgment.\u201d<\/p>\n<\/p><\/div>\n
![<\/a>Shutterstock<\/figcaption><\/figure>\n<\/div>\nIt seems like every time I look at the news, I see another city, whether in Pennsylvania<\/a>, Tennessee<\/a> or somewhere else<\/a>, having to take a big loss in the courtroom to accept the fact that state firearms preemption laws<\/a> mean what they say.<\/p>\nThe latest was Fargo, North Dakota, where city leaders apparently decided they could make their own gun laws, despite the state preemption law saying the opposite.<\/p>\nAccording to a report from NRA\u2019s Institute for Legislative Action<\/a> (NRA-ILA), on December 19, the North Dakota Supreme Court upheld a lower court ruling dismissing a lawsuit brought by the city of Fargo against the state legislature to block a bill passed back in 2023<\/a> that strengthened the state\u2019s preemption law.<\/p>\nAccording to NRA-ILA, Fargo has banned gun sales in residential-zoned areas, even by licensed FFLs, for many years. The city filed suit against HB 1340 shortly after the bill passed in 2023, arguing that the law violated their ability for local control.<\/p>\nOf course, the new law did<\/em> violate their ability for local control. That\u2019s exactly what the legislature had intended for it to do. In the recent ruling, the state Supreme Court found that infringing upon the Second Amendment does not fall under the purview of local control, much to the chagrin of Fargo leaders.<\/p>\n\u201cHB 1340 enhances North Dakota\u2019s firearm preemption law, stating that the Legislature is the sole authority in the state allowed to regulate firearms,\u201d NRA-ILA wrote. \u201cThis prevents localities, like Fargo, from creating a confusing patchwork of gun laws in the state and ensures that citizens enjoy the same abilities to exercise their Second Amendment rights across the whole state.\u201d<\/p>\nIn its ruling, the court determined that the preemption law is constitutional, leaving Fargo out in the cold with its gun sales ban.<\/p>\n\u201cWe conclude H.B. 1340 does not violate article VII of the North Dakota Constitution,\u201d the ruling stated. \u201cWe hold the legislature\u2019s enactment of H.B. 1340 constitutes a valid exercise of its constitutional authority to create political subdivisions and, specifically, to define the powers of a home rule city. We conclude H.B. 1340, as enacted, is constitutional as applied to Fargo\u2019s home rule charter and Fargo Municipal Code \u00a7\u00a7 20-0403(C)(5)(e) and 20-402(T)(3). Due to this holding, we need not address Fargo\u2019s argument H.B. 1340 and N.D.C.C. \u00a7\u00a7 40-05.1-06 and 62.1-01-03, as amended, are facially unconstitutional.\u201d<\/p>\nIn the end, the court ruling stated: \u201cThe district court did not err in concluding H.B. 1340 preempts and renders void Fargo Municipal Code \u00a7\u00a7 20-0403(C)(5)(e) and 20-402(T)(3). We affirm the judgment.\u201d<\/p>\n<\/p><\/div>\n\nSource link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Shutterstock It seems like every time I look at the news, I see another city, whether in Pennsylvania, Tennessee or somewhere else, having to take a big loss in the courtroom to accept the fact that state firearms preemption laws mean what they say. The latest was Fargo, North Dakota, where city leaders apparently decided […]<\/p>\n","protected":false},"author":1,"featured_media":4394,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4393","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4393","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4393"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4393\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4394"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4393"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4393"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4393"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}](\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2022\/06\/gavel-gun-controllers-wish-list.jpg\"){kind=link}