North Dakota’s broad preemption statute, North Dakota Century Code § 62.1-01-03, states:

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.

N.D.C.C. § 37-01-21 prohibits a municipality from raising or appropriating money toward arming, equipping, supporting, or providing drillrooms or armories for any body of people associating as a military company or parading in public with firearms, with some exceptions.1

While section 62.1-02-05 generally prohibits possession of a firearm at a public gathering, subsection 62.1-02-05(3) states that a political subdivision may still enact a less restrictive ordinance relating to the possession of firearms at a public gathering, and that such an ordinance supersedes section 62.1-02-05 within the jurisdiction of the political subdivision.2)

Section 42-01-01.1 provides that if a sport shooting range remains in compliance with noise control or nuisance abatement rules or ordinances in effect on the date at which the range commenced operation, the range is not subject to a civil or criminal action resulting from or relating to noise generated by its operation. Furthermore, a rule, resolution, or ordinance relating to noise control, noise pollution, or noise abatement adopted by the state or a political subdivision may not be applied to prohibit the operation of a sport shooting range, provided the conduct was lawful and being conducted before the adoption of the rule, resolution, or ordinance.3 However, a political subdivision may regulate the location and construction of a sport shooting range after August 1, 1999.4 Section 42-01-01.1 specifically states that it applies to a county or city enacting a home rule charter under chapter 11-09.1, 40-05.1, or 54-40.4, “notwithstanding any other provision of law.” See the Immunity Statutes in North Dakota section for further information regarding the impact of section 42-01-01.1 on litigation against shooting ranges.

Please see the Local Authority to Regulate Firearms policy summary for a general discussion of this issue, as well as the Federal Preemption section of our federal law materials.

Notes
  1. Exceptions include for escort duty at military burials, or for students in educational institutions where military science is taught). ⤴︎
  2. N.D.C.C. § 62.1-02-05(3 ⤴︎
  3. N.D.C.C. § 42-01-01.1 ⤴︎
  4. Id. ⤴︎