Fargo to take state to court over neighborhood gun sales

Fargo to take state to court over neighborhood gun sales

FARGO — The question of whether the North Dakota legislature can prevent Fargo from using its 20-year-old zoning law to prohibit gun and ammunition sales in Fargo neighborhoods is headed to court. The City Commission voted 4-1 to take the case to Cass County District Court in a matter that could eventually reach the state Supreme Court. The issue arose after a state law passed by legislators this spring took away the powers from cities or counties to restrict any type of gun sales or businesses through zoning regulations. It said civil action could be taken against cities if the state law was ignored. Although the new law passed in the House by a wide 81-11 margin, it was narrower in the Senate where the vote was 26-20. The city zoning regulation banning the sale of firearms, ammunition and producing ammunition for sale or resale as a "home occupation" was proposed and passed by the City Commission in July of 2001 along with "adult entertainment type uses." Also prohibited in neighborhoods have been mortuaries, pet kennels, dispatch centers and motor vehicle repair shops. City Attorney Erik Johnson, who researched the possibility of a court case, said the city and state laws are in conflict and pointed to parts of the 1889 North Dakota Constitution where "local control is mandated." He said that article is "to provide for maximum local self government by all political subdivisions …" Johnson also pointed to the constitution’s "home rule mandate" that allows counties and […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.