CNMI handgun law struck down

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has declared unconstitutional the CNMI’s gun control law that prohibits all residents from obtaining handguns for self-defense purposes.

Manglona ruled that the handgun and handgun ammunition ban and their import ban contained in the provisions of the CNMI Weapons Control Act are declared unconstitutional and in violation of the Covenant that incorporated the Second Amendment to the U.S. Constitution.

Manglona said the implied prohibition on issuing weapons identification cards (WIC) for self-defense, or “family defense” as stated on the WIC application, is declared unconstitutional and in violation of the Covenant that incorporated the Second Amendment to the U.S. Constitution.

The judge issued the ruling favorable to U.S. Navy veteran David J. Radich and his wife Li-Rong, who have filed a lawsuit against then-Department of Public Safety commissioner James C. Deleon Guerrero and Department of Finance Secretary Larrisa Larson, that challenges the constitutionality of the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes.

The DPS commissioner is responsible for enforcing the CNMI’s laws, customs, practices, and policies.

The Finance secretary, on the other hand, has the authority with enforcing the prohibition on the importation of handguns into the CNMI.

In her 17-page order issued on Monday, Manglona granted plaintiffs’ cross-motion for summary judgment. She denied defendants Deleon Guerrero’s and Larson’s cross-motion for summary judgmement.

Manglona ruled that the prohibition on issuing WICs to lawful permanent residents contained in a provision of the CNMI Weapons Control Act is declared unconstitutional and in violation of the Covenant that incorporated the 14th Amendment to the U.S. Constitution.

Manglona said the DPS commissioner and Larson in their official capacities are permanently enjoined from enforcing the unconstitutional handgun and handgun ammunition bans contained in the CNMI Weapons Control Act against the Radich couple.

Manglona said the DPS commissioner is permanently enjoined from enforcing the prohibition on issuing WICs to lawful permanent aliens contained in the Act against plaintiff Li-Rong.

Manglona said the DPS commissioner is permanently enjoined from refusing to issue WICs to plaintiffs for self-defense purposes or “family defense” as stated on the WIC application.

She ordered the DPS commissioner to issue WICs to plaintiffs, if he finds that they satisfy the unchallenged provisions of the Act, no later than 30 days after this order.

Manglona awarded plaintiffs costs and fees.

The Radich couple is ordered to submit their costs and fees to the court no later than April 11, 2016. Defendants shall file their response, if any, no later than April 18, 2016.

Radich was born in California. He is an honorably discharged U.S. Navy veteran who served in the Gulf War. He used to work as a public school on Tinian then moved to Saipan in 2008 to work for an environmental consulting firm. He and Li-Rong have been married since 2009.

According to the complaint, in 2010, while Mr. Radich was away and his wife, Li-Rong, was at home alone, their home was invaded.

Li-Rong was reportedly attacked and beaten resulting in injuries, including two broken ribs, facial contusions, and a suspected broken orbital bone and eye socket.

She screamed out for help and caused the home invader to leave. She eventually recovered physically, but both plaintiffs incurred medical bills for Li-Rong’s care.

The couple applied for weapons permit in July 2013. To this day, no permit has been granted.

The plaintiffs contend that the Commonwealth’s restrictions violate the Second Amendment and the Equal Protection Clause of the 14th Amendment.

Specifically, the plaintiffs’ four-count complaint asks the court to find that the ban on the possession of handguns and handgun ammunition violates the Second Amendment and that the ban on importation violates the Second Amendment.

The couple’s complaint also asks the court to find that the implicit ban on receiving a WIC for self-defense purposes violates the Second Amendment and that the ban on lawful permanent residents obtaining a WIC violates equal protection.

The couple requests the court to enjoin the DPS commissioner and the Finance secretary from enforcing those provisions of the laws.

The court heard the parties’ motions last Nov. 19, 2015. Manglona then placed the motions under advisement.

In her order issued on Monday, Manglona said the Second Amendment, as well as the due process clause and equal protection clause of the 14th Amendment, are the law of the land in the CNMI as if it were a state.

The judge pointed out that the Second Amendment, made applicable against the states through the 14th Amendment, protects the fundamental right of armed self-defense, and prohibits any state from completely banning handguns.

Manglona said the equal protection clause prohibits discrimination against suspect classes of individuals, including lawful permanent residents, without a legitimate state interest as justification.

Here, Manglona said, because the Commonwealth’s gun control laws ban the right to keep and bear handguns, or implicitly any firearm for the purpose of self-defense, and because the import ban would frustrate the exercise of that right, the Commonwealth’s laws are unconstitutional, and the DPS commissioner and Finance secretary must be enjoined from enforcing them.

Similarly, the judge said, because the Commonwealth prohibits lawful permanent residents from exercising the right to keep and bear arms without any legitimate interest whatsoever, the prohibition violates the equal protection clause and the DPS commissioner and Finance secretary must be enjoined from enforcing the law.

Manglona ruled that the Second Amendment applies to the CNMI, secures the right to self-defense using a handgun, prohibits the Commonwealth from banning the import of handguns, and prohibits the Commonwealth from denying WIC applications on the basis of self-defense.