By Paul Lathrop | Contributing Editor
A bill now under consideration by the North Dakota House would tighten Peace Garden State preemption laws to prevent cities from restricting firearms activities in the state.
Inforum, a North Dakota news agency, reports that Rep. Ben Koppelman has introduced legislation that would strengthen North Dakota preemption law to include zoning regulations passed by cities.
The bill Koppelman introduced would “address the purchase, sale, ownership, possession, transfer of ownership, registration or licensure of firearms, dangerous weapons and ammunition which is more restrictive than state law.” The bill adds that “such existing ordinances are void.”
The proposed law is prompted by the city of Fargo contemplating new zoning regulations that would ban firearms operations in residential neighborhoods. Unsurprisingly it has drawn the ire of Fargo City Commissioners.
Commissioner Dave Piepkorn said he wasn’t looking for a fight but that he believed that “individuals buying or selling guns among themselves is none of our business, but retail gun stores in a neighborhood — that is our business.
“The majority of people that have contacted me are opposed to having retail guns stores in their neighborhoods,” he said.
The Fargo zoning regulations are still at least a year out, according to Mayor Tim Mahoney.
One needs to look no further than Chicago’s city zoning to find an instance of zoning laws becoming de facto gun control. The Second Amendment Foundation, Illinois State Rifle Association, and Rhonda Ezell sued the city of Chicago over zoning regulations twice and won both times.
The North Dakota legislation, HB 1248, will likely get a committee assignment during the next few weeks.
