A great decision!
The North Dakota Supreme Court invalidated a restraining order last week filed against a gun owner in a dispute with her husband’s ex-wife.
The five-member panel unanimously agreed in a ruling issued May 16, a state district court erred when it extended the disorderly conduct restraining order against Karen Keller for exercising her constitutionally-protected right to carry a gun on her property.
The lower court upheld the restraining order last year after her husband’s ex-wife, Nichole Keller, said she felt threatened by the handgun Karen Keller held behind her back during a visit with her children in August 2016...
...Both Nichole Keller and Rachel Parker testified Karen never pointed the gun in their direction “or make any threatening or violent statements,” according to court documents. The women remained about 200 feet apart during the entire exchange, Nichole Keller said.
Karen appealed the decision, arguing her actions didn’t meet the definition of “disorderly conduct” under state law.
Justice Daniel J. Crothers, who authored the Supreme Court’s unanimous decision last week, agreed her behavior didn’t qualify as “intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.”
“The district court’s sole basis for finding reasonable grounds supporting the disorderly conduct restraining order was the presence of the gun,” he said. “Because possessing a firearm on private property is a constitutionally protected activity, reasonable grounds supporting the disorderly conduct restraining order did not exist.”
Read more here.