N.D. Cent. Code § 62.1-01-03

Current through 2024 Legislative Session
Section 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, registration, or licensure of firearms and ammunition. All such existing ordinances are void.
3. This section does not limit the ability of a political subdivision, including home rule cities or counties, to enforce an ordinance or zoning regulation relating to a business operation if the restriction in the ordinance or regulation:
a. Applies equally to all persons engaging in commerce within the area subject to the ordinance or regulation; and
b. Is not specifically related to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition.
4. 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.
5. A person aggrieved under this section may bring a civil action against a political subdivision for damages as a result of an unlawful ordinance.

N.D.C.C. § 62.1-01-03

Amended by S.L. 2023 , ch. 106( HB 1340 ), § 3, eff. 8/1/2023.
Amended by S.L. 2021 , ch. 494( HB 1248 ), § 1, eff. 8/1/2021.
Amended by S.L. 2013 , ch. 491( HB 1327 ), § 4, eff. 8/1/2013.