CNMI: David and Li-Rong Radich win Second Amendment Case in Northern Mariana Islands

The U.S. District Court of the Northern Mariana Islands has issued a strong ruling that enforces the Second Amendment in the Commonwealth.  The long running lawsuit filed by David Radich and his wife, Li-Rong was settled on 28 March, 2016.  The ruling enforces the findings in Heller and McDonald, both of which are referenced.  Here are the primary findings of the Court:

The import ban on handguns and handgun ammunition is unconstitutional,

Refusing to use "family defense" or "self-defense" as a valid reason for issuing a Weapons Identification Card" (WIC) , required for purchasing a firearm, is unconstitutional.

Refusing to issue a WIC to a lawful permanent resident is unconstitutional;

A WIC will be issued to the plaintiffs, if they meet the other requirements, within 30 days;

Costs and fees will be awarded to the plaintiffs;

Any response by the defendants shall be filed by 18 April, 2016.

It is unknown if an appeal will be filed.  Here is the wording of the actual conclusion of the ruling of the Court. From the ruling(pdf):

IV. CONCLUSION

Because the Covenant applies both the Second Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the U.S. Constitution to the CNMI as if it were a state, and it is unconstitutional for a state to ban handguns for self-defense purposes in the home or to restrict handgun possession to citizens but not lawful permanent residents, the Court must grant the Radiches cross-motion for summary judgment as to all counts, and similarly deny the Defendants’ cross-motion for summary judgment in its entirety.

Accordingly, it is hereby ORDERED that:

1. Plaintiffs’ cross-motion for summary judgment (ECF No. 51) is granted and Defendants’ cross-motion for summary judgment (ECF No. 50) is denied;

2. The handgun and handgun ammunition ban contained in 6 CMC § 2222(e) is declared unconstitutional and in violation of the Covenant that incorporated the Second Amendment to the U.S. Constitution;

3. The handgun and handgun ammunition import ban contained in 6 CMC § 2222(e) and 6 CMC § 2301(a)(3) is declared unconstitutional and in violation  of the Covenant that incorporated the Second Amendment to the U.S. Constitution;

4. The prohibition on issuing WICs to lawful permanent residents in 6 CMC § 2204(l) is declared unconstitutional and in violation of the Covenant that incorporated the Fourteenth Amendment to the U.S. Constitution;

5. The implied prohibition on issuing WICs for self-defense, or “family defense” as stated on the WIC application, is declared unconstitutional and in violation of the Covenant that incorporated the Second Amendment to the U.S. Constitution;

6. Defendant Deleon Guerrero, in his official capacity as Commissioner of theDPS, and Defendant Larson, in her official capacity as the Secretary of the Department of Finance, are permanently enjoined from enforcing the unconstitutional handgun and handgun ammunition bans contained in 6 CMC §§ 2222(e) and 6 CMC § 2301(a)(3) against Plaintiffs;

7. Defendant Deleon Guerrero, in his official capacity as Commissioner of the DPS, is permanently enjoined from enforcing the prohibition on issuing WICs to lawful permanent aliens in 6 CMC § 2204(l) against Plaintiff Li-Rong Radich;

8. Defendant Deleon Guerrero, in his official capacity as Commissioner of the DPS, is permanently enjoined from refusing to issue WICs to Plaintiffs for self- defense purposes, or “family defense” as stated on the WIC application;

9. Defendant Deleon Guerrero, in his official capacity as Commissioner of the DPS, shall issue WICs to Plaintiffs, if he finds that they satisfy the unchallenged provisions of the Weapons Control Act, no later than 30 days after the  issuance of this Decision and Order; and

10. Plaintiffs are awarded costs and fees pursuant to 42 U.S.C. § 1988:

a. Plaintiffs shall submit their costs and fees to the Court no later than April 11, 2016, and

b. Defendants shall file their response, if any, no later than April 18, 2016.


IT IS SO ORDERED this 28th day of March, 2016.

______________________
RAMONA V. MANGLONA
Chief Judge

 It is another in a string of wins for Second Amendment supporters. 


 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.  Link to Gun Watch