Fargo City Commission hears update on litigation regarding House Bill 1340

(FARGO) — The Fargo City Commission heard an update Monday night regarding its litigation regarding North Dakota House Bill 1340, which would limit the authority of the City of Fargo regarding the sale of firearms.

Assistant Fargo City Attorney Ian McLean provided an update on litigation filed in Cass County District Court on August 1.

“It (HB 1340) is a second attempt to void the City’s ordinances,” McLean told Fargo City Commissioners Monday night.

The latest attempt by the Legislature to limit the authority of the City isn’t the first time it has happened. In 2021, the Legislature passed House Bill 1248, which sought to void the City’s ordinance prohibiting the home occupation of selling firearms and ammunition. The City filed a declaratory judgment action and prevailed. The latest legislation attempts to retroactively “strip away/limit powers contained in the City’s home rule charter,” he said.

McLean said the City Attorney’s office is working with Attorney General Drew Wrigley’s office to expedite the process. The District Court will hear the case.

“I’m hoping we can get a decision by year-end,” he said.