North Dakota HB 1340: AN ACT to amend and reenact subsections 8 and 10 of section 11-09.1-05, subsections 12 and 14 of section 40-05.1-06, and section 62.1-01-03 of the North Dakota Century Code, relating to home rule in counties and cities and the limitation on authority of a political subdivision regarding firearms.

Bill Text

Sixty-eighth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 3, 2023
HOUSE BILL NO. 1340
(Representatives Koppelman, Cory, Marschall, Mock, Schatz)
(Senators Clemens, Larsen, Meyer, Paulson, K. Roers, Wobbema)
AN ACT to amend and reenact subsections 8 and 10 of section 11-09.1-05, subsections 12 and 14 of
section 40-05.1-06, and section 62.1-01-03 of the North Dakota Century Code, relating to home
rule in counties and cities and the limitation on authority of a political subdivision regarding
firearms.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsections 8 and 10 of section 11-09.1-05 of the North Dakota
Century Code are amended and reenacted as follows:
8. Provide for the adoption, amendment, repeal, initiative, referral, enforcement, and civil and
criminal penalties for violation of ordinances, resolutions, and regulations to carry out its
governmental and proprietary powers and to provide for public health, safety, morals, and
welfare. However, thisThis subsection does not confer any authority to regulate any industry or
activity which is regulated by state law or by rules adopted by a state agency. This subsection
is subject to the provisions of section 62.1 - 01 - 03 .
10. Provide for zoning, planning, and subdivision of public or private property within the county
limits but outside the zoning authority of any city or organized township. This subsection is
subject to the provisions of section 62.1 - 01 - 03.
SECTION 2. AMENDMENT. Subsections 12 and 14 of section 40-05.1-06 of the North Dakota
Century Code are amended and reenacted as follows:
12. To define offenses against private persons and property and the public health, safety, morals,
and welfare, and provide penalties for violations thereof. This subsection is subject to the
provisions of section 62.1 - 01 - 03.
14. To provide for zoning, planning, and subdivision of public or private property within the city
limits. To provide for such zoning, planning, and subdivision of public or private property
outside the city limits as may be permitted by state law. This subsection is subject to the
provisions of section 62.1 - 01 - 03.
SECTION 3. AMENDMENT. Section 62.1-01-03 of the North Dakota Century Code is amended and
reenacted as follows:
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 a zoning
ordinance or any other 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:

H. B. NO. 1340 - PAGE 2
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 subsection 1this section may bring a civil action against a political
subdivision for damages as a result of an unlawful ordinance.

H. B. NO. 1340 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-eighth
Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1340.
House Vote: Yeas 83 Nays 10 Absent 1
Senate Vote: Yeas 41 Nays 6 Absent 0
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2023.
Approved at ________M. on __________________________________________________, 2023.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2023,