Explore The NRA Universe Of Websites

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of “disorderly conduct” under the state’s disorderly conduct restraining order law. The decision is Keller v. Keller, 2017 ND 119 (N.D. May 16, 2017).

Karen Keller is married to Chad Keller. They live together with Chad’s children from a previous relationship on a rural property outside of Bantry (pop. 14, as of the 2010 census) in McHenry County, North Dakota.

On August 14, 2016, Nichole, Chad’s ex-wife and the mother of the children, had emailed Chad about picking up the kids. Chad responded that the children did not want to go with her. Nonetheless, Nichole and a friend, Rachael, later drove out to the Keller property, stopping short of the driveway. Nichole did not initially get out of the car.

Karen did not recognize the vehicle and came out of the house to see who it was. When Karen turned to go back inside, Rachael and Nichole saw that Karen had been holding a handgun behind her back. The visitors remained some 200 feet away from Karen, and Karen did not leave the residential property. It was undisputed that Karen did not raise or point the gun at anyone, or make any threatening, abusive or violent statements. (It seems Karen and Nichole did not speak to one another at all during the encounter.) After talking with her child, Nichole left with Rachel.

Nichole called the police. A deputy concluded there was no cause to file charges as nothing in Karen’s conduct violated statutory limitations relating to firearms. Nichole then sought and obtained a one-year disorderly conduct restraining order against Karen, on the basis that she felt fearful for her life because of the gun. 

The court issuing the restraining order ruled that the mere presence of a firearm was enough: “[T]here was a gun. [Karen] brought it out on the property. And it’s obvious that Nichole was very scared. And she testified that she is still scared. And to me, that is the definition of gestures that are intended to adversely affect the safety, security, or privacy of another person…”

North Dakota, however, has a statutory definition of “disorderly conduct” in the context of a restraining order. Pursuant to N.D. Cent. Code § 12.1-31.2-01, a judge may grant an order only if there are “reasonable grounds to believe” that a person has engaged in “disorderly conduct,” defined as “intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.” Significantly, this definition expressly excludes any “constitutionally protected activity.”

Karen appealed the issuance of the order, claiming the court was wrong in finding that disorderly conduct existed. She argued that it was not reasonable for someone to be afraid of another person for simply holding a weapon in a non-threatening manner. Further, she pointed to the exception for conduct – like the right to keep and bear arms – protected under federal and state constitutions. 

Karen testified she carried a handgun whenever an unknown vehicle arrived at the property. The legal brief she filed with the court indicated she did not know or trust Rachel, and that Nichole had allegedly threatened violence against Karen in the past.

A unanimous, five-member panel of the Supreme Court of North Dakota invalidated the order. The court below had erred in not addressing whether Karen’s actions were constitutionally protected and, if they were, by not excluding evidence of the activity as required by state law. In fact, “Karen Keller’s conduct … was constitutionally protected. Nothing in the record suggests her conduct violated the statutory limitations of possessing a firearm… No evidence exists that the disorderly conduct was anything but possession of the gun, and nothing in the record suggests Karen Keller’s actions went beyond her constitutional right to possess a handgun on her private property.” The only evidence alleged as “disorderly conduct” was constitutionally protected activity that had to be excluded from the court’s consideration, so nothing remained to support the restraining order.

This outcome is entirely consistent with the law, with common sense and with reality. The core of the Second Amendment is the fundamental, individual right to possess and carry a firearm to defend oneself and one’s family. Karen Keller lived in a rural area some distance away from the nearest city, and made it a rule to carry a firearm when unfamiliar persons dropped by. In this particular encounter, she made no threats, did not display her weapon in an aggressive or menacing way, and stayed close to her residence at all times. Millions of Americans keep a gun at home for the same reason – because the police can’t always be there to stop a burglary or home invasion or other crime as it unfolds.   

To decide – as the court of first instance did – that possessing a gun on one’s own property, without more, amounts to “disorderly conduct” is directly at odds with the U.S. Supreme Court’s decision in District of Columbia v. Heller, and equates mere gun possession with lawlessness. As we know, the overwhelming majority of gun owners are not criminals and use their lawfully possessed firearms responsibly. Unfortunately for Karen Keller, though, she had to go through a lengthy and likely expensive legal appeal process before her rights were vindicated.

TRENDING NOW
Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

Monday, September 15, 2025

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

On Friday the California State Legislature adjourned the 2025 legislative session in typical California fashion, advancing anti-gun legislation to Governor Newsom's desk. Contact Governor Newsome today and urge his veto of AB 1078, AB 1127, AB ...

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

Friday, September 12, 2025

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

On Monday, September 15th, the Minnesota Senate will hold a special working group on "gun violence prevention."

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

News  

Monday, September 15, 2025

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

As U.S. shooting sports athletes prepare for the 2028 Olympics in Los Angeles, New York law is burdening target shooters in the Empire State.

Armed Citizens: Not Just an American Concept

News  

Monday, September 15, 2025

Armed Citizens: Not Just an American Concept

We frequently post stories about law-abiding citizens who, by exercising their rights protected under the Second Amendment, bring an end to violent criminal assaults.  

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.