Legislature ready to move in and regulate handguns
The Legislature is answering the call from the Department of Public Safety to look at enacting legislation that will make it tougher for individuals to own handguns in the event a lawsuit challenging the constitutionality of the CNMI Weapons Control Act prevails.
Judiciary and Governmental Operations chair Rep. Chris Leon Guerrero (Ind-Saipan) said the House of Representatives and the Senate have no choice but pass a bill that will regulate handguns, which were previously outlawed by local statute.
“There’s nothing we can do but introduce legislation. We want regulation in place in the event this lawsuit prevails. I’m not in support of handguns. We have the best gun laws in the nation. Statesiders I know are often surprised that this is only place in America where handguns are outlawed. They’re fascinated that we don’t allow handguns here,” Leon Guerrero said.
The 10-year DPS veteran said the House is already looking at a bill that will have strict qualifications for those applying for a handgun license.
“We don’t need handguns to defend ourselves, but if this happens we want this regulated right away. It will be a very strict handgun law,” said Leon Guerrero.
House Speaker Joseph P. Deleon Guerrero (Ind-Saipan) said he already tasked Leon Guerrero as chairman of the JGO to work with the Senate in crafting a bill or amending the current law that will address the issue.
Additionally, Deleon Guerrero has also set a meeting with DPS Commissioner James C. Deleon Guerrero next week to talk about the issue.
“Personally I oppose allowing handguns in the CNMI. We already have a low crime rate compared to other jurisdictions. I respect whatever the courts decide but at the same time we have the right to regulate our guns laws,” he said, adding that several states in the U.S. have already banned assault and semi-automatic weapons and that could be same course the Legislature will take.
Acting governor Jude U. Hofschneider said he has yet to weight in on the issue. “It’s a very sensitive issue and we have to look at it as a whole so that we can be able to make the best decision for the welfare of the community as far as that’s concerned.”
David J. Radich, a U.S. Navy Gulf War veteran, and his wife have filed a lawsuit in U.S. District Court challenging the constitutionality of the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes. Radich’s wife suffered serious injuries during a home invasion on Saipan in 2010.
How can the legislation pass a law in anticipation of another law being overturned due to US Constitution?
If in effect a law will be passed to regulate handguns, which in this day are still illegal under CNMI law, then in effect wouldn’t such a law would allow handguns into the CNMI?
Wouldn’t this be the same as taking someone to court in anticipation for a crime that one EXPECTS the person to commit?
I may be wrong but I know of no states that passed lws on semi automatic weapons. Assault rifles, and large magazines yes. But about half, if not the majority of manufactured weapons are semi Auto.
Its a guise to simply “allow” handguns “softly” into the community. While I am sorry for what Mr. Radich’s went through and hope the catch the culprit, introducing “handgun license” in the CNMI would be disastrous to our community. You can never regulate ones mind and temper. Mix in alcohol, islander pride, and its done. I hope the district courts let the people of CNMI decide on what is good for them in regards to handguns and not just blindly apply/extend a very misinterpreted and misunderstood law.
“introducing “handgun license” in the CNMI would be disastrous to our community”
The 4th amendment restriction on illegal search/seizure and the 5th amendment double jeopardy & right to remain silent clauses causes community disaster’s over and over again, but yet it’s still part of the US Constitution and still something that the people of the CNMI, as represented by the Government of the CNMI, agreed to respect as part of their agreement with the US Congress.
You’re free to push for a Free Association Compact with the United States and lose your US Citizenship, benefits, and the like if you don’t want the Commonwealth government to be subject to the individual rights in the U.S. Constitution……
” I hope the district courts let the people of CNMI decide on what is good for them in regards to handguns and not just blindly apply/extend a very misinterpreted and misunderstood law.”
Right, because the US District Court will sit there like a potted plant when Commonwealth government does things like:
*Ban Handguns (in violation of District of Columbia v. Heller)
*Ban Abortion (in violation of Guam Association of Obstetricians v. Ada)
*Ban marriages to same sex couples (in violation of Sevcik v. Sandoval).
The Commonwealth government violates people’s individual rights, and not just on guns.