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9th Circuit grants PTSA request for more time
The U.S. Court of Appeals for the Ninth Circuit has given the Tanapag Middle School Parent Teacher Student Association more time to file a rehearing petition in connection with its request to intervene in the lawsuit filed by a couple who successfully challenged the constitutionality of the CNMI gun control law.
The Ninth Circuit judges gave the association until Oct. 18, 2018, to file a petition for panel rehearing.
If a petition for rehearing is filed on time, the mandate of the Ninth Circuit’s ruling shall be stayed pursuant to Federal Rule of Appellate Procedure.
Last July, the Ninth Circuit affirmed U.S. District Court for the NMI Chief Judge Ramona V. Manglona’s ruling that denied Tanapag Middle School PTSA’s motion to intervene.
The Ninth Circuit judges concluded that the Tanapag Middle School PTSA lacks standing to intervene. Therefore, the Ninth Circuit judges said, Manglona did not err in denying PTSA’s motion to intervene.
Because of this, the judges declined to address the argument of U.S. Navy veteran David J. Radich and his wife that the appeal is moot, as well as the PTSA’s challenges on the merits to Manglona’s summary judgment order.
The PTSA wants the Ninth Circuit to reverse Manglona’s order that denied its motion to intervene in the Radich couple’s lawsuit.
In her March 28, 2016 ruling, Manglona declared unconstitutional the CNMI gun control law that prohibits all residents from obtaining handguns for self-defense purposes.
In response, the CNMI passed Public Law 19-42, SAFE Act, which removes the ban on possession of handguns and also establishes new rules for transporting and using firearms.
The PTSA then filed a motion to intervene.
