Jill Schramm/MDN Greg Demme speaks to the Ward County Commission Tuesday on a proposed Second Amendment ordinance.

An ordinance spelling out Ward County’s stance on Second Amendment gun rights didn’t quite have enough support for passage at a county commission meeting Tuesday.

However, Ward County commissioners indicated interest in approving an ordinance once State’s Attorney Roza Larson and Sheriff Robert Roed say the language is clear of any legal or enforcement issues. Larson is to present an approved draft to the commission at its next meeting Sept. 7.

Hesitancy over the language by Commissioners Jim Rostad, Shelly Weppler and John Pietsch kept the commission from approving the “Second Amendment Preservation Act,” advocated by a group of county residents. Commissioners John Fjeldahl and Howard “Bucky” Anderson voted for the act, although original language was removed that required the sheriff to arrest federal agents seeking to enforce any federal gun rules outlawed under the act.

Travis Zablotney, Minot, spoke for the Second Amendment group in stating they don’t want a resolution to simply articulate support for the Second Amendment. They want an ordinance to actually defend it, he said.

“I’m asking our county at this level to, again, place in ordinance the law that would give the sheriff the rightful and lawful ability to arrest anyone that would attempt to violate those rights,” Zablotney said. “We do, in fact, have the lawful right to set our own laws and to enforce them, even if it’s a federal agent coming in to confiscate or to do something in violation of our Second Amendment rights.”

Roed voiced reservations about arresting a federal agent performing a lawful duty. However, he said he strongly supports the Second Amendment. He added the North Dakota Legislature created a law preventing state and local law enforcement from assisting federal agents in engaging in any enforcement of Second Amendment restrictions.

“That is a different statement from saying we will actively prevent them from doing something unconstitutional,” said Greg Demme of Minot, one of four people who spoke in favor of the preservation act. “I would ask you to support the rights of your citizens with the enforcement branch that you have, which is the sheriff.”

Wendi Baggaley, Minot, explained a county ordinance would provide another layer of protection for Second Amendment rights.

“What I am seeing, and I think a lot of my neighbors also are seeing, is that those rights are becoming more and more threatened, so we are asking to add another bolt to the door,” she said.

Larson questioned whether the preservation act would be legally binding, noting it doesn’t include a level of offense or penalty for federal agents who are arrested. Even if the county adopted a criminal ordinance, it would have to come to an agreement with the district courts on whether they would take those county cases. Larson suggested the county seek an Attorney General’s opinion before going that route.

She also pointed out a provision of the preservation act that declares a federal agent who enforces a Second Amendment restriction as ineligible to later hold a law enforcement position in Ward County. The concern was over tying the hands of the sheriff, who has hiring authority, and city police departments. However, the language stated “may be permanently ineligible to be hired,” which could be construed to grant discretion rather than serve as a ban, she said.

Despite the removal of the criminal enforcement element, Rostad suggested another review of the preservation act, particularly with the hiring language.

“Basically, we’re at a good point,” he said. “But I think we need to get this right and the language right, and yet, I think we can satisfy the concerns of a lot of our citizens, too – a lot of the same concerns I have.”

The commission approved a motion directing the state’s attorney and sheriff to clean up the preservation act language as needed and present the draft at the next commission meeting.

Provisions of the preservation act include:

– declaring invalid any government actions infringing on the right to keep and bear arms.

– defines those actions as any tax, registration or tracking that could have a chilling effect on law-abiding citizens; firearm and accessories confiscation; restrictions on parents to decide whether and when to train children in the safe use of a firearm and when a trained child can hunt alone or have access to firearms for home defense when parents are away; and prohibitions or regulations on hand grips, stocks, flash suppressors, muzzle brakes and compensators, threaded barrels, bayonet mounts, magazine capacity, clip capacity, internal capacity, bump stocks or other types of ammunition or any prohibition on a firearm or firearm accessory lawfully owned by law-abiding citizens on the date of adoption of the ordinance. The act lists four existing U.S. House bills that would be invalid in Ward County if enacted.

– prohibits employees of the county or its political subdivisions from enforcing or attempting to enforce federal acts infringing on the right to keep and bear arms.

The preservation act makes exceptions for persons convicted of felonies, adjudicated to be incompetent or subject to a state protective order or who are otherwise prohibited from possessing firearms under state law at adoption of the act.