Not a day goes by that I'm not shaking my head at the stupidity in Little Minneapolis. Apparently the city of Fargo is oblivious to all of the existing home-based FFLs already in town. I don't understand why this guy even went to the city. They don't even need to be notified. If they "found out" and wanted to shut him down, they'd seek advice from council before taking action. Said council would then inform the city of Fargo that there's not a damn thing they can do about it. This is a long standing a well known state century code that I've personally discussed with the ATF. Our federal friends are very straightforward about the fact that you don't need permission from any municipality in ND to sell guns from your home with an FFL.
NDCC:
62.1-01-03. Limitation on authority of political subdivision regarding firearms.
A political subdivision, including home rule cities or counties, may not enact any ordinancerelating to the purchase, sale, ownership, possession, transfer of ownership, registration, orlicensure of firearms and ammunition which is more restrictive than state law. All such existingordinances are void.
http://www.inforum.com/news/4016796-fargo-man-challenges-city-rule-banning-home-gun-sales
[h=1]Fargo man challenges city rule banning home gun sales[/h]FARGO – A north Fargo resident is challenging the city's rejection of his plan to sell guns out of his home near Edgewood Golf Course.
City officials told Andrew Curtis that gun sales are not allowed under city rules regarding home occupations.
Curtis plans to argue his case at a Tuesday, April 26, meeting of the city's Board of Adjustment at Fargo City Hall.
Curtis, 3420 Birdie St. N., is working to obtain a federal firearms license from the Bureau of Alcohol, Tobacco, Firearms and Explosives that would allow him to process Internet firearm sales from his home. But he won't get the license unless his operation conforms to local laws.
Curtis said part of his business plan would be to act as a go-between when an online gun seller sells a firearm to someone in the Fargo area.
In a situation like that, he said the gun would be shipped to him and when the proper papers are filled out and federal requirements are satisfied, he would give the buyer the firearm at his residence.
Curtis said he also wants to sell firearms over the Internet, which would involve acquiring firearms and shipping them to other licensed dealers who would act as middlemen between Curtis and those who buy guns from him.
Firearm sales are among the types of businesses specifically prohibited as a home occupation under the city's Land Development Code. Other prohibited occupations include vehicle repair, dispatch services, mortuaries, animal care and grooming, and adult entertainment.
In his appeal of the city staff's decision, Curtis cites state law that says a city cannot enact an ordinance relating to the sale of firearms and ammunition that is more restrictive than state law.
City Attorney Erik Johnson has issued a legal opinion stating that Curtis does not point to any state statute that would permit him to sell firearms as a home occupation.
On the other hand, Johnson said the Legislature gives cities the authority to enact ordinances that restrict the use of home residences. He argues Fargo's ordinance "promotes the health, safety, and general welfare of the community by not allowing residents to have the home occupation of selling firearms."
Johnson said his opinion is supported by the experience of other jurisdictions that have dealt with similar situations involving nearly identical state statutes.
Fargo Planning Director Jim Gilmour said the city doesn't have numbers for how many small home occupations operate in Fargo, but he said most involve things like consulting, sewing and personal care services.
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Note to self: Fargo City Attorney Erik Johnson may have earned his JD online. I don't know how the hell else he could issue a legal briefing that completely ignores anything in NDCC 62.1-01-03.
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"City Attorney Erik Johnson has issued a legal opinion stating that Curtis does not point to any state statute that would permit him to sell firearms as a home occupation."
This guy must come from the BH Obama "Constitution is a list of negative liberties" school of law, where individuals are only permitted to do things that are specifically permitted under the law, not just things that are not restricted under the law. There's just so much stupid here.
NDCC:
62.1-01-03. Limitation on authority of political subdivision regarding firearms.
A political subdivision, including home rule cities or counties, may not enact any ordinancerelating to the purchase, sale, ownership, possession, transfer of ownership, registration, orlicensure of firearms and ammunition which is more restrictive than state law. All such existingordinances are void.
http://www.inforum.com/news/4016796-fargo-man-challenges-city-rule-banning-home-gun-sales
[h=1]Fargo man challenges city rule banning home gun sales[/h]FARGO – A north Fargo resident is challenging the city's rejection of his plan to sell guns out of his home near Edgewood Golf Course.
City officials told Andrew Curtis that gun sales are not allowed under city rules regarding home occupations.
Curtis plans to argue his case at a Tuesday, April 26, meeting of the city's Board of Adjustment at Fargo City Hall.
Curtis, 3420 Birdie St. N., is working to obtain a federal firearms license from the Bureau of Alcohol, Tobacco, Firearms and Explosives that would allow him to process Internet firearm sales from his home. But he won't get the license unless his operation conforms to local laws.
Curtis said part of his business plan would be to act as a go-between when an online gun seller sells a firearm to someone in the Fargo area.
In a situation like that, he said the gun would be shipped to him and when the proper papers are filled out and federal requirements are satisfied, he would give the buyer the firearm at his residence.
Curtis said he also wants to sell firearms over the Internet, which would involve acquiring firearms and shipping them to other licensed dealers who would act as middlemen between Curtis and those who buy guns from him.
Firearm sales are among the types of businesses specifically prohibited as a home occupation under the city's Land Development Code. Other prohibited occupations include vehicle repair, dispatch services, mortuaries, animal care and grooming, and adult entertainment.
In his appeal of the city staff's decision, Curtis cites state law that says a city cannot enact an ordinance relating to the sale of firearms and ammunition that is more restrictive than state law.
City Attorney Erik Johnson has issued a legal opinion stating that Curtis does not point to any state statute that would permit him to sell firearms as a home occupation.
On the other hand, Johnson said the Legislature gives cities the authority to enact ordinances that restrict the use of home residences. He argues Fargo's ordinance "promotes the health, safety, and general welfare of the community by not allowing residents to have the home occupation of selling firearms."
Johnson said his opinion is supported by the experience of other jurisdictions that have dealt with similar situations involving nearly identical state statutes.
Fargo Planning Director Jim Gilmour said the city doesn't have numbers for how many small home occupations operate in Fargo, but he said most involve things like consulting, sewing and personal care services.
- - - Updated - - -
Note to self: Fargo City Attorney Erik Johnson may have earned his JD online. I don't know how the hell else he could issue a legal briefing that completely ignores anything in NDCC 62.1-01-03.
- - - Updated - - -
"City Attorney Erik Johnson has issued a legal opinion stating that Curtis does not point to any state statute that would permit him to sell firearms as a home occupation."
This guy must come from the BH Obama "Constitution is a list of negative liberties" school of law, where individuals are only permitted to do things that are specifically permitted under the law, not just things that are not restricted under the law. There's just so much stupid here.
