Fargo’s Lawsuit Challenging North Dakota’s Restrictions on Local Gun Control Dismissed by Judge

In a recent development, a state district judge dismissed a lawsuit filed by Fargo, North Dakota’s largest city, challenging a new law banning zoning ordinances related to guns and ammunition. The law, which restricts the ability of cities and counties to regulate guns and ammunition, has raised concerns about home rule powers and local self-government.

Fargo sued last year, arguing that the law was unconstitutional and an infringement on the city’s home rule powers.

The lawsuit was in response to a 2023 bill passed by the Republican-led Legislature, which limited the ability of cities and counties to regulate guns and ammunition, including purchase, sales, and possession. The law voided existing ordinances and took effect in August.

State District Judge Cherie Clark granted the state’s motion for summary judgment and dismissed the city’s complaint. While acknowledging the intention for “maximum local self-government,” the judge expressed concerns about the Legislature’s actions, stating that continued limitations on home rule powers could affect important issues impacting unique communities.

Mayor Tim Mahoney stated that city officials will meet with their legal team to determine their next steps, considering that Fargo had previously successfully challenged a similar law in 2021.

The city emphasized that it does not want residents to use their homes as gun stores, but the case highlights a larger issue of whether the Legislature can “strip away” Fargo’s home rule powers, which allow the city certain authority, such as zoning public and private property.

Republican Rep. Ben Koppelman, the sponsor of the 2023 bill, welcomed the ruling as upholding the state’s jurisdiction over certain matters, emphasizing that there are “certain things reserved under the jurisdiction of only the state”.

Koppelman highlighted the issue that arose in 2016 when the ATF refused to renew federal firearms licenses of Fargo dealers who sold out of their homes due to the city’s ordinance, emphasizing the debate on whether gun regulations should be locally or state-controlled.

The dismissal of Fargo’s challenge to North Dakota’s restrictions on local gun control laws reflects the ongoing debate between local and state jurisdictions in regulating firearms. The ruling raises questions about the extent of home rule powers in addressing unique community issues and the balance between local and state regulations.