Earlier this year in North Dakota, a person that I know, unexpectedly lost their right to own firearms. Hearing what happened to him was very troubling, as this could happen to anyone, and the vast majority of people do not know about this.

In am in my fifties now. Gradually over my lifetime, I have seen personal ownership of firearms become more and more important. At the same time, I have watched many different ways that the right to own firearms has been undermined and attacked, not just legislatively or by trying to sway public opinion, but by implementation of dozens of different tricks which most people won’t know about until it happens to them. This is one of them.

This person that I know was stopped while driving a motor vehicle, which led to a citation. This was not a moving-violation, it was more of what I would call administrative, because it would be hard to categorize it as either a criminal or a civil violation. It was not failure to provide insurance, it was not driving without a license, it was not driving on a suspended license, it was not DUI. But it was a Misdemeanor, which he was informed would require him to appear in court.

Appearing in court for this Misdemeanor, he received a fine, and probation for one-year, with NO OWNERSHIP OR POSSESSION OF FIREARMS for one year.

What does a non-violent Misdemeanor related to an administrative-law regarding a motor vehicle, have to do with OWNING AND POSSESSING FIREARMS? How can a person have their 2nd Amendment Right to Keep and Bear Arms, be stripped from them for a non-violent Misdemeanor?

Most people who own firearms are aware that a person can lose their right to own or purchase firearms upon conviction of a Felony or Domestic Violence. Lesser known, but still generally known reasons to lose one’s right to own firearms are drug-addiction, mental-illness, and dishonorable discharge from U.S. Military. Red-Flag laws are also something that firearm owners are aware of. But losing your right to own or possess firearms for a non-violent Misdemeanor?

When I began doing research to learn if what happened to this person was even legal, I found out that for any Misdemeanor conviction, even non-violent Misdemeanors, whenever probation was involved, it is usually a standard condition of probation, for no Ownership or Possession of Firearms for the duration of probation.

I need to also give a warning about what else I learned. As far as the Courts and Probation Officers are concerned, delivering your firearms to a trusted friend, neighbor, or family member does not satisfy the conditions of probation, because they believe “you still have access to them”. Your firearms must be delivered to someone/someplace where they are locked away from you in a safe, closet, or room which you do not have the key or lock combination. Also, no possession of ammunition either, though it doesn’t say no possession of ammunition.

I have some anger towards people who feel that this is something they don’t have to worry about, that this doesn’t concern them, this could never happen to them. Here is an example of how this could happen to anyone, even generally law-abiding people. Have you seen videos of parents speaking-out at public School Board meetings over such things as questionable books available in libraries, transgender students using girl’s bathrooms or locker rooms, bullying and assaults on children, and getting escorted out by Police for refusing to sit-down and shut-up? These parents are removed by Police under the Misdemeanor charges of Disorderly Conduct or Disturbing the Peace. Even normal law-abiding citizens can get charged with Misdemeanors.

Should non-violent Misdemeanors for things such as Disorderly Conduct or Disturbing the Peace allow a Court to take away a person’s ability to defend themselves, their family, their home, their farm, their livestock, or engage in hunting? Or cause them to have to give up a rifle or pistol that they inherited from their father, grandfather, or great-grandfather, over a Misdemeanor?

I hope that I have given enough information for people to begin thinking on their own about what the implications of this would be in their own lives. Banging on their door at 2:00 a.m. with the realization they have no firearm to defend themselves or their family from the person or persons outside. Their dog, horse, cattle being attacked by an animal and no firearm to shoot the predator. Car jacking at a stoplight in an unfamiliar city and no way to defend themselves or their family.

I recommend that anyone facing any type of charge in court hire an attorney and very clearly inform their attorney that if at all possible, you do not want any conviction that would interfere with your right to own firearms, and if there is a conviction or plea agreement, to modify probation to not prohibit the ownership of firearms.