North Dakota Supreme Court justices hear arguments Dec. 18, 2023. On Wednesday, justices heard arguments in a case from the city of Fargo. (Kyle Martin/For the North Dakota Monitor)
(North Dakota Monitor) -An attorney for the city of Fargo argued that a state law infringes on the city’s right to regulate gun stores and threatens the authority of local governments across the state.
Attorney Peter Zuger made the arguments for the city to the North Dakota Supreme Court as it appeals a Cass County District Court decision that backs the state law passed in 2023. It took effect Aug. 1 of that year.
Fargo’s ordinance prohibits a firearms and ammunition sales business from operating in areas zoned as residential.
It had been on the books for several years before the state Legislature passed House Bill 1340 in 2023 to prohibit cities, counties and other political subdivisions from passing an ordinance relating to buying and selling guns and ammunition.
The primary sponsor of the bill was Rep. Ben Koppelman, R-West Fargo.
Zuger argued that the law is unconstitutional because the North Dakota Constitution says local law supersedes state law on local matters.
If the state can overrule the Fargo gun sales ordinance, it can overrule any local ordinance, making the concept of home rule for local governments obsolete, he argued.
The North Dakota League of Cities filed a brief in support of Fargo’s case.
“The Court’s decision in this case will impact the 145 home rule cities’ ability to exercise maximum self-government granted by its city electors,” the brief stated.
Attorney Courtney Titus, representing the state, argued that while the state constitution calls for maximum self-government, that does not mean complete self-government.
She argued that the Legislature determines what authority the local governments have.
Justices questioned whether the ordinance was truly only a local issue.
Zuger argued that it was, with the rule only affecting Fargo residents and the Fargo City Commission looking out for the “health, safety and welfare” of residents by not allowing someone to operate a gun store out of their home.
Fargo prohibits six home occupations in residentially zoned areas: vehicle and large equipment repair; dispatch centers; mortuaries; facilities for animal care, grooming and boarding; adult establishments; and gun and ammunition sales, according to a brief filed by the city.
Titus argued that gun sales should be regulated at the state level, and the Legislature sought to clarify that authority with the 2023 bill.
In written testimony on the bill, Koppelman said that unless it was passed, governments “could propose all sorts of local gun control, and based on the anti-gun track record of the Fargo city commission, I think we could expect it.”
Titus said the issue came up because there were Fargo residents who were experiencing issues with a federal firearms dealership licensing because of the ordinance.
In the brief filed by Zuger, he argued that the city cannot pass a law that is more restrictive than state law regarding where gun sales are allowed because the state has not passed any laws regulating gun sales.
The justices did not offer a timeline for when a ruling might be issued.
The 2021 Legislature also passed a bill seeking to eliminate local authority on gun sales but the city of Fargo prevailed in a court case on that legislation.
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