‘Handguns not protected by Constitution in CNMI’

Handguns are not constitutionally protected in the CNMI because they have never been used by law-abiding citizens for the purpose of self-defense, according to Department of Public Safety Commissioner James C. Deleon Guerrero.

Deleon Guerrero, through the Office of the Attorney General, argue that handguns do not enjoy Second Amendment protection in the CNMI because they have never been possessed or used for self-defense by the people of the Commonwealth.

He said the Second Amendment protects the right to possess handguns in the United States because of their widespread usage by the American people.

Deleon Guerrero offered these arguments in his opposition to a motion for summary judgment filed by U.S. Navy Gulf War veteran David J. Radich and his Chinese wife, Li-Rong Radich.

The Radich couple have 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 plaintiffs are suing Deleon Guerrero for violation of their right to keep and bear firearms.

In Deleon Guerrero’s opposition, assistant attorney general James Zarones said handguns are given constitutional protection because of their widespread use by the citizens of the states, as explained by the U.S. Supreme Court.

“If the widespread usage of handguns for self-defense justifies their constitutional protection, then it logically follows that the Supreme Court would have denied constitutional protection to handguns if they had never been used by law-abiding citizens for self-protection,” Zarones said.

He said the handgun data compiled by Deleon Guerrero proves what is already known: law-abiding CNMI citizens have never possessed handguns for the purposes of self-defense.

In the previous 32 years, the lawyer said, CNMI citizens registered 914 guns, none of which was a handgun

“Simply put, the data clearly demonstrates that handguns have never been “the most preferred firearm” in the CNMI and the people have never “considered the handgun to be the quintessential self-defense weapon,” he noted.

On the contrary, Zarones said, CNMI citizens have always “enjoyed a community free of handguns.”

He asserted that the Radich couple does not have standing to challenge the Weapons Control Act because a court’s favorable decision would not redress their alleged injuries.

Zarones pointed out that the plaintiffs have not challenged the constitutionality of the statute, which prohibits the importation of handguns into the CNMI.

Second, Zarones said, the Radich couple has not established that they are entitled to an identification card issued pursuant to the Weapons Control Act.

Third, he said, the couple has not attended and successfully completed the Mandatory Firearm Safety Class, which is required by law prior to the issuance of an identification card.

Zarones also asserted that Li-Rong Radich is not entitled to an identification card because she is not a citizen or U.S. national.

Zarones said the plaintiffs seek to impose upon the Commonwealth an interpretation of the Second Amendment that is directly contrary to the intent of the framers of the Covenant.

He also asserted that the court would not have the authority to issue an injunction prohibiting the enforcement of the Commonwealth contraband laws because Deleon Guerrero does not have a duty to enforce the law prohibiting the importation of contraband.

The Radich couple have asked the court to prevent Deleon Guerrero from enforcing against them the prohibitions on virtually all CNMI residents from obtaining handguns for self-defense purposes and the provision on obtaining a Weapons Identification Card and possessing a firearm for self-defense purposes; and for good cause requirement for obtaining a WIC.

The couple asked the court to declare that such prohibitions are null and void because they infringe on the right of the people to keep and bear arms in violation of the Second and Fourteenth Amendments to the U.S. Constitution.

Radich was born in California. He is an honorably discharged U.S. Navy veteran who served in the Gulf War. He used to work at 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 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.

Li-Rong 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, through counsel, argued that the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.”