North Dakota Statewide Rule
North Dakota Firearms Local Preemption Law
Key Facts
- NDCC 621-01-03 Establishes
- NDCC 62.1-01-03 establishes statewide firearms preemption
- Cities Counties Cannot
- Cities and counties
- Local Discharge Ordinances
- Local discharge ordinances remain permissible
- Park Districts School
- Park districts and school districts also covered
- Conflicting Local Rules
- Conflicting local rules are void by operation of law
Summary
North Dakota broadly preempts local firearm regulation under NDCC 62.1-01-03, reserving most gun-related ordinance authority to the state legislature with narrow exceptions for discharge.
62.1-01-03. Limitation on authority of political subdivision regarding firearms - Civil action. 1. A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void. 2. A political subdivision, including home rule cities or counties, may not enact a zoning ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, Page No. 4 registration, or licensure of firearms and ammunition. All such existing ordinances are void. 3.
Full Breakdown
Under NDCC 62.1-01-03, the state legislature occupies the field of firearm and ammunition regulation. Cities, counties, townships, park districts, and school districts may not enact ordinances or rules that regulate the purchase, sale, ownership, possession, transfer, transportation, registration, or licensing of firearms, ammunition, or their components beyond what state law provides. Limited local authority remains for regulating the discharge of firearms within municipal limits and for restricting carry inside publicly owned or leased buildings under specific conditions. Any conflicting local ordinance is void.
Violations & Penalties
Local ordinances exceeding the narrow exceptions in NDCC 62.1-01-03 are unenforceable. Officials enforcing void ordinances may face civil liability and injunctive relief. Affected gun owners may seek declaratory judgments invalidating preempted measures.
Frequently Asked Questions
Can a North Dakota city ban handguns within its limits?
Can cities still regulate firing a gun in city limits?
What if a local ordinance conflicts with state law?
Sources
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