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OAG drops gun charge vs Borja
The Office of the Attorney General dismissed late Friday afternoon the charge of illegal possession of firearm filed against Ji Jing Borja, a man accused of poking a gun at a man who asked for a cigarette from him.
Attorney Daniel T. Guidotti, counsel for Borja, recently filed a motion questioning the constitutionality of the Commonwealth’s Weapons Control Act that “creates a near-absolute ban on possession of handguns.”
Guidotti asked court to dismiss count 3 of the information charging Borja with unlawful possession of a firearm.
Guidotti argued that the near-absolute ban on handguns under the Commonwealth Weapons Act is facially invalid because it unconstitutionally infringes on core Second Amendment rights guaranteed to every person on Commonwealth soil.
According to the information, Borja allegedly possessed a Ruger P89 9mm handgun.
On Friday, the OAG dismissed the charge of illegal possession of firearm against Borja. No reason was stated in the motion to dismiss the charge.
Associate Judge Joseph N. Camacho granted OAG’s motion to dismiss.
Borja’s jury trial will go forward on June 23, 2014, on the remaining charges of assault with a dangerous weapon and disturbing the peace. Borja is presently out on bail.
In January 2012, police arrested Borja for allegedly pointing a gun at another man who asked him for a cigarette in western Garapan.
Last year, when attorney Mark Scoggins, counsel for Sergio Rangamar, raised the same issue of illegal possession of firearms and challenged the constitutionality of the CNMI law banning firearms, the OAG dismissed the charge of illegal possession of firearm against Rangamar three days before jury trial.
