North Dakota Supreme Court invalidates restraining order against gun owner
By Christen Smith
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.
According to court documents, Nichole Keller and a friend, Rachel Parker, arrived at the rural McHenry County property Karen shared with her husband and his three children from his previous marriage to Nichole on Aug. 14, 2016. The two women waited in Parker’s vehicle at the edge of Karen’s property line until Karen came out of the front door, hands tucked behind her back. Parker asked Karen to send out Nichole’s youngest daughter and said she saw the gun in Karen’s hand as she turned around to get the child.
Both women questioned Karen about why she had the gun, to which she replied she