PTSA wants to appeal ruling on handgun law

The Tanapag Middle School Parent Teacher Student Association yesterday filed in federal court a motion to intervene for purposes of appeal in the lawsuit filed by U.S. Navy veteran David J. Radich and his wife, Li-Rong, who prevailed in challenging the constitutionality of the CNMI gun control law.

The Tanapag Middle School PTSA, through counsel Joseph E. Horey, asserted that since the CNMI government defendants have indicated that they do not intend to pursue an appeal from the U.S. District Court for the NMI’s order recognizing such a right, existing parties no longer adequately represent the PTSA’s interest.

Horey said PTSA is therefore entitled to intervene as of right.

Horey said the recognition of an individual constitutional right to import and possess handguns in the CNMI impedes the PTSA’s ability to protect that interest, by introducing a new threat to the welfare of children and youth in their homes, schools and communities, in the form of weapon, easily carried and concealed.

The lawyer said guarding against this new threat will require new and proactive methods of protection, “the development and implementation of which will be unfamiliar, burdensome and oppressive.”

The Radich couple, challenged, on Second Amendment grounds, the CNMI’s prohibition on the possession and importation of handguns and ammunition, as well as the CNMI’s ban on the use of firearms for self-defense purposes.

The couple also challenged, on 14th Amendment equal protection grounds, the ban on lawful resident aliens obtaining weapons identification cards for self-defense purposes.

The couple sued then-Department of Public Safety commissioner James C. Deleon Guerrero and Department of Finance Secretary Larrisa Larson.

According to the complaint, in 2010, while Mr. Radich was away and his wife, Li-Rong, was at home alone on Saipan, their house was invaded. Li-Rong was attacked and beaten up resulting in serious injuries. The invader ran away after she screamed for help.

The couple applied for weapons permit in July 2013, but was denied. This prompted them to file the lawsuit.

In her March 28 ruling, U.S. District Court for the NMI Chief Judge Ramona V. Manglona declared unconstitutional the CNMI’s gun’s control law that prohibits all residents from obtaining handguns for self-defense purposes.

Manglona ruled that that the handgun and handgun ammunition 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.

In response, the CNMI passed Public Law 19-42, the Special Act for Firearms Enforcement, which removes the ban on possession of handguns and also establishes new rules for transporting and using firearms.