62.1-01-03. Limitation on authority of political subdivision regarding firearms - Civil action

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.