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.
Huge waste of money. Better to take any lawsuit time and money and use it for an education related purpose. Safe gun use courses would be helpful.
This will be interesting, So who is going to pay for this? Since there is no info about this actual suit, I am going to assume that Mr. Horey is employed by PSS and he is being paid by PSS. OR is he taking this on a contingency basis? Or pro bono due to him having children in the school system?
If he is working for PSS this will cost PSS while they are complaining about not being able to pay their bills.
If on a contingency at least he will have much press exposure.
One of a now top Lawyer in Hawaii, personal friend.
When he first started out, after he had just banded together a new law firm, took on a very controversial case that all had told hm he had no chances of winning.
I asked him why he took that case when he knew he could not win the case?
His reply was, “While I am working on this particular case all will be watching and will get much news coverage along with my name, if I win the case I will be acclaimed Island wide and even known in the States.
If I lose the case it will be the same thing but on a lower note, but in a few months the memory of the case will fade but my name will be remembered in society and it won’t matter that I won or lost the case.
Maybe Mr. Horey is taking this case for the same reasons.It is too bad that some of the controversial new local laws inserted with the new “gun control” could not be ruled on at the same time. It would save a lot of time.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has ruled that the Commonwealth’s passing of the Special Act for Firearms Enforcement appears to moot some issues in a lawsuit by U.S. Army Ranger Paul Michael Murphy who sued over the alleged confiscation of his firearms and ammunition in 2002.
In an order issued on Monday, Manglona said with the CNMI’s passing of SAFE Act, Murphy can now register a handgun in a caliber above .22, which is one of the issues in his lawsuit.
Manglona said the SAFE Act, which extensively revised the gun control laws of the CNMI, appears to leave others unresolved such as the ban on rifles in calibers greater than .223.
The judge said the SAFE Act appears to potentially introduce still others such as the ban on assault weapons, which defendants former Department of Public Safety commissioner James C. Deleon Guerrero and Finance Secretary Larrisa Larson believe may apply to one of Murphy’s rifles.
Manglona said because the new law changes the posture of Murphy’s case, the court will deny both parties’ cross-motions for summary judgment without prejudice and set a status conference to determine how to proceed.
A status conference in the case was set yesterday afternoon.
Murphy sued Deleon Guerrero and Larson in their official capacities to enjoin them from enforcing several provisions of the Commonwealth’s gun control laws as enacted in its Weapons Control Act.
Manglona heard argument on the parties’ cross-motions for summary judgment and took the matter under advisement.
On March 28, 2016, Manglona issued a decision and order in another control case filed by U.S. Navy veteran David J. Radich and his wife, Li-Rong. In that order, the judge struck down the Commonwealth’s ban on handguns for self-defense in the home.
In response, the CNMI passed the SAFE Act.
The Office of the Attorney General recently notified the federal court that Murphy is now alleged to register his Glock pistol pursuant to Weapons Control Act.
Assistant attorney general Charles Brasington said SAFE removes the ban on possession of handguns and also establishes new rules for transporting and using firearms.
Brasington said SAFE maintains the prohibition on rifles in calibers above .22 and .223, and shotguns of gauge greater than .410.
He said SAFE creates an assault weapon ban.
The assault weapon includes a semi-automatic rifle in a caliber greater than .223 that has the capacity to accept a detachable magazine.
Murphy’s lawsuit seeks to repeal the CNMI Weapons Control Act and all associated legislation, licensing, taxation, recording, administration, and processing.
Murphy alleged that DPS withheld all his firearms and ammunition until the issuance of a firearms, ammunition, and explosive identification card on Sept. 20, 2007.
He said his two firearms were sent to Guam Police Department armory for holding, while the ammunition is being held by the CNMI DPS Firearms Section. He said DPS has denied his repeated requests to carry and possess his rifle and pistol.
The Federal Court Judge Manglona has made her ruling and this is a Federal Court Judge. You don’t have to agree with her ruling but she follows the Federal Laws as they were intended and that includes what is in the constitution. You may not agree with what is in our constitution, don’t waste your time because if I was you, I put your money to teach your children how to respectfully take classes for how to handle a hand gun or rifle as it was intended to be used in a safe manner and the sake of hunting and protecting ones family and ones property. Under the NRA as they too were the ones that protects our rights in Congress and in the Federal Government and Washington DC. The NRA with all its members all around the world paying membership fees of $ 1500.00 for lifetime membership. They take this money and lobby in Congress with the Senators and you thing you can appeal this. I don’t think so. Its just like the $ 1,000.00 tax in every hand gun that will come thru the CNMI will be made go away by the NRA and their high profile lawyers. So I would not waste my time if I was you. I not trying to be arrogant, I’m just trying to be honest with you. But I hope you would think if you found yourself as a woman or young lady home alone and someone was trying to break in into your house to steal from you what you worked so hard for and even the possibility of doing you bodily harm or raping you, I’m sure you will think you would wish you had a gun to protect your self in a situation such as this one.
Thank you for reading this. I hope I have not offended anyone, I just hope you could understand what it is I am trying to explain to you.
Thank you,
Daniel Durkin