On Thursday, December 19th, the North Dakota Supreme Court upheld a lower court decision to dismiss a lawsuit brought by the city of Fargo against the state legislature to block House Bill 1340, a bill passed in 2023 that strengthens statewide preemption. This is a critical victory for residents of North Dakota, and you can read the court’s full opinion here.
The city of Fargo has had a ban on firearms sales in residential-zoned areas, even by licensed FFLs, for several 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. Fortunately, the Supreme Court ruled that infringing upon the Second Amendment does not fall under the purview of local control.
HB 1340 enhances North Dakota’s firearm preemption law, stating that the Legislature is the sole authority in the state allowed to regulate firearms. This 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.
Please stay tuned to www.nraila.org and your email inbox for further updates as we approach the 2025 legislative session.
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