North Dakota AG: no opinion on Ward County Second Amendment, COVID-19 mandate issues

Ward County
Ward County(KFYR)
Published: Oct. 19, 2021 at 3:14 PM CDT
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WARD COUNTY, N.D. – Attorney General Wayne Stenehjem’s office has declined to give an opinion as to whether Ward County has the legal authority to declare itself a Second Amendment sanctuary, or to ban mandates relating to COVID-19.

In the statement, Stenehjem’s office said: “There are some situations that are unsuited for an attorney general opinion, including when the question calls for interpreting a local ordinance or charter, and when the question should be, or already has been, addressed by the political subdivision’s legal adviser.”

State’s Attorney Roza Larson again issued her stance on the county adopting any ordinance or resolution in relation to the two issues.

“It is still my opinion that you do not have, even as a home rule county, you don’t have authority to supersede federal and state laws because this is not strictly a local issue on either one of those matters,” said Larson.

Larson drafted a proclamation for the county commissioners to consider.

The proclamation cites the North Dakota statute that already has the limitations on federal laws on the Second Amendment issue. She did not draft one for COVID-19 passports.

The commissioners will go over the proclamation and will revisit the topic in the next meeting.

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