The Senate Judiciary Committee voted to recommend a “do not pass” on House Bill 1326, a bill that would bar people who are prohibited from possessing firearms from asserting an affirmative defense of self defense when they use an unlawful firearm to kill or injure another person.

Representative Mary Schneider, who said she represents District 21 in Fargo and West Fargo, presented the bill as a narrow change to North Dakota law intended to close what she described as a loophole that allows convicted felons to claim justified use of force after committing violent acts with a firearm they were forbidden to possess. "This is a bad guys bill," Schneider said. "...it only says that convicted bad actors who shouldn't have a gun ... who use it to commit violent acts, can't then claim an affirmative defense, justification, self defense."

Schneider told the committee the change would not remove the underlying facts of a case and that judges and juries would still decide the circumstances around a shooting. She described a local incident she said motivated the bill in which an individual on parole allegedly shot another person and later claimed self defense; prosecutors declined to charge the killing, she said. Schneider asked the committee to pass the bill to allow prosecutors to charge violent crimes committed with firearms that the defendant was forbidden to possess.

Supporters at the hearing included Stephanie Ingebretsen, appearing for the Chiefs of Police Association of North Dakota and the North Dakota League of Cities, and Danelle Presque, representing the North Dakota Association of Counties and the Sheriffs and Deputies Association. Ingebretsen described the bill as closing a loophole and noted the statutory sections targeted by the bill—subdivisions a and b of section 62.10201 of the Century Code—apply to persons convicted of certain violent felonies and some misdemeanor offenses involving violence or intimidation. "We're dealing with folks that shouldn't have that firearm to begin with," Ingebretsen said, and she requested a due‑pass recommendation.

Opponents included Brian Gosh, a lawyer and registered lobbyist for the National Rifle Association, and Jackie Hall of the North Dakota Association for Justice. Gosh warned of unintended consequences and emphasized that affirmative defenses are subject to proof by a defendant. He listed examples in subdivision b that the bill could sweep in, including some nonviolent conduct that, if accompanied by possession, would create a prohibited status. Gosh also pointed to federal and state penalties that already apply to prohibited persons in possession of firearms. Hall said the number of firearm homicides in the state is small and that removing an affirmative defense broadly could have unintended impacts; she asked the committee to preserve the opportunity for all defendants to present affirmative defenses when warranted.

Committee members debated the bill's need and scope. Several senators said they were concerned that the change could deny a necessary defense in narrow factual circumstances, particularly when an individual's prior conviction occurred in another state or was for a nonviolent felony. A motion to give the bill a "do not pass" recommendation was moved by Senator Maierdahl and seconded by Senator Castaneda. During the roll call, the committee recorded the following votes on the motion: Senator Brownberger — No; Senator Casa Nieto — Yes; Senator Cory — Aye; Senator Lueg — Yes; Senator Myrtle — Aye; Senator Paulson — Aye; Chair Larson — Yes. The motion carried and the committee recommended do not pass.

The proponents framed the bill as a limited change focused solely on unlawful firearm possession by persons already prohibited from possessing guns; they repeatedly emphasized it would not affect lawful gun owners. Opponents argued the statutory scope of prohibited persons includes a wider set of prior convictions and that removing an affirmative defense could reach people the sponsors did not intend.

The committee did not take further action on the bill at the hearing. Chair Cherry Larson closed the hearing and recessed the committee until the afternoon session.

Votes at a glance:
- Motion: "Do not pass" recommendation on House Bill 1326. Moved: Senator Maierdahl. Second: Senator Castaneda. Outcome: Motion carried (committee recommends do not pass). Recorded roll call: Brownberger — No; Casa Nieto — Yes; Cory — Aye; Lueg — Yes; Myrtle — Aye; Paulson — Aye; Chair Larson — Yes.

Representative Mary Schneider and supporters said the bill would allow prosecution for violent crimes committed with firearms that prohibited possessors otherwise could try to excuse as self defense. Opponents said the change could remove the opportunity to assert a properly proven affirmative defense in legitimate cases and warned of unintended consequences due to the breadth of the statutory definitions cited in the bill.