Supreme Court: Fargo lacks authority to restrict sale of guns by licensed dealers
BISMARCK, N.D. (KVRR) – The North Dakota Supreme Court has ruled that the city of Fargo does not have the authority to restrict the sale of guns and ammunition by licensed firearms dealers who operate out of their homes.
The ruling upholds an earlier Cass County District Court decision that came to the same conclusion. The city argued that the law was unconstitutional.
“The absence of a state law restriction relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition may not be construed to allow a political subdivision, including a home rule city or county, to enact an ordinance restricting the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition,” the opinion says.
Fargo has an ordinance that bans certain businesses from being conducted in homes including gun and ammunition sales, mortuaries, dog grooming and vehicle repair.
The Supreme Court’s opinion was unanimous.