A judge has dismissed Fargo's challenge to North Dakota restrictions on local gun control

abcnews.go.com:

A judge has dismissed a lawsuit filed by North Dakota's largest city that challenged a new state law that limits the ability of local governments to regulate guns and ammunition

BISMARCK, N.D. — A judge has dismissed a lawsuit filed by North Dakota's largest city that challenged a new law banning zoning ordinances related to guns and ammunition.

Fargo sued last year, calling the law unconstitutional and a swipe at the city's home rule powers. State District Judge Cherie Clark on Tuesday granted the state's motion for summary judgment and dismissed the city's complaint.

“While the Court agrees that (the North Dakota Constitution) intends for ‘maximum local self-government,’ the law is not settled that this language alone provides home rule cities the right to legislate on topics the state legislature has limited,” the judge wrote.

But she also expressed concerns about the Legislature's actions: «If the legislature continues to pare home rule powers, home rule cities lack the discretion to address important issues impacting their respective and unique communities.”

Fargo has an ordinance banning people from conducting certain businesses out of their homes, including gun and ammunition sales, mortuaries, dog grooming and vehicle repair.

In 2020, about 33% of federal firearms licensees operated from residential premises, surpassing all other types of zoned locations, including commercial, according to a report from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Massachusetts is the only state where home-based gun dealers are banned, but many local governments may enact zoning laws that prohibit the practice, according to information from Brady, which advocates for gun control.

Residential or “kitchen