Lawmakers cautiously await court decision on handguns

Lawmakers are cautiously awaiting a court decision that will decide if private ownership of handguns will be allowed in the Commonwealth.

According to Senate President Victor B. Hocog (Ind-Rota), the court decision “is a 50/50” proposition, and if the court rules in favor of handgun ownership, then lawmakers need to sit down and discuss possible bills on gun control and regulation.

“What we can do is probably propose stricter regulations, if the court decides in favor of it [handgun ownership],” Hocog said.

He said he is ready to sit down with colleagues in the Senate and discuss the issue.

The Commonwealth already has the CNMI Weapons Control Act in place, which only allows the ownership of rifles, not handguns.

Rep. Edwin K. Propst (Ind-Saipan) said he is not in favor of gun ownership, particularly handguns, because there is always the element of “concealment” which can make handguns dangerous.

“As a parent and resident, I don’t want anyone roaming around the islands with a handgun on his waist,” Propst said.

However, if the court decides to go with the Second Amendment and decide in favor of handgun ownership, Propst said lawmakers will have to propose bills to address gun ownership.

For Sen. Sixto Igisomar (R-Saipan), the court can always go “back to the basics,” or refer to the original meaning of the Second Amendment regarding gun ownership.

Igisomar said the amendment was included in the Constitution to allow Americans to “bear arms” to defend themselves against foreign colonizers.

The court may possibly look into the Covenant between the Commonwealth and the U.S. government and see if the Second Amendment is also applicable to the CNMI, the senator said.

Until then, Igisomar said, lawmakers have no recourse but to wait for the court decision.

Former Senate floor leader Pete P. Reyes earlier prefiled a bill that will regulate handguns in the Commonwealth in anticipation of the U.S. District Court possibly shooting down the Commonwealth Weapons Control Act.

Reyes’ Senate Bill 18-69, prefiled last Oct. 16, is a measure “to provide for the possession and management of firearms in the Commonwealth.”

The Commonwealth Weapons Control Act has been challenged in the courts and Reyes said the CNMI is now faced with a difficult decision—whether to fight a costly legal battle with little or no prospect of success or move forward in conformance with the Second Amendment.

The issue of ownership of handguns gained a lot of steam following a court case filed by U.S. Navy Gulf War veteran David J. Radich and his wife, Li-Rong Radich, in 2010.

The Radich couple filed a lawsuit in federal court challenging the constitutionality of the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes.

The lawsuit was filed following a home invasion incident that left Li Rong with numerous injuries, which required hospitalization.

The couple, through their legal counsel, argued that the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.”

The CNMI’s Office of the Attorney General recently released a statement saying that handguns are not constitutionally protected in the CNMI because they have never been used by law-abiding citizens for the purpose of self-defense.

The U.S District Court for the NMI has set a hearing on the case next month.