Jump to content

Radich v. Guerrero - Handgun Ban in Saipan Violates 2A


kwc

Recommended Posts

This one should bring back some memories of the 2010 McDonald v. City of Chicago ruling that overturned Chicago's ban on handgun possession and made it clear that the 2nd amendment applies to the states.

 

The Second Amendment Foundation just won a federal case in the Northern Mariana Islands (U.S. territory). The district judge ruled yesterday in Radich v. Guerrero (original topic archived) that the statutory ban on handgun possession was unconstitutional.

 

Good summary here:

 

http://www.guns.com/2016/03/28/judge-drop-kicks-last-handgun-ban-in-the-u-s/

 

and here:

 

https://www.saf.org/federal-judge-rules-northern-mariana-islands-handgun-ban-violates-2a/

 

The Marianas fall under the jurisdiction of the 9th Circuit Court of Appeals.

 

The Radich couple was represented by Attorney David Sigale who (among other 2A successes) litigated the McDonald case. He also represents the plaintiffs in one of Illinois' non-resident concealed carry ban cases, Culp v. Madigan.

Link to comment
Share on other sites

I have zero doubt that CA9 will come up with some convoluted reasoning as to why McDonald isn't controlling in re a U.S. territory such as the Marianas. Possibly drag its feet to wait for a uber liberal Justice to be confirmed, let it get kicked up to SCOTUS and may God help us all if cert is granted. Could end up with a reconsideration of both Heller and McDonald.

 

Sent from my VS986 using Tapatalk

 

 

Link to comment
Share on other sites

  • 3 weeks later...

Anyone wanna take a guess what the terroritory decided to do after this? Pass more restrictive gun control measures with the acronym "SAFE" Act. AWB, "high capacity magazine" ban, GFSZ, regulated the crap out of time, place, manner to the point where it essentially makes it impossible to own a handgun and even if it's possible to own a handgun, the $1,000 excise tax on importation of a handgun (a regulation mechanism which was already struck down by the court, so contempt of court). And we thought that Illinois is bad when complying with court orders. Illinois drags its feet, CNMI says "screw you" and immediately passes legislation which places it in contempt of court.

 

These clowns have a permanent injunction entered against the enforcement of previous, unconstitutional laws, and pass new, more restrictive and unconstitutional law. Including one regulation specifically addressed by the order (importation barriers, the ban on importation....a $1k excise tax is a ban, more or less) and the Commonwealth passed a regulation which accomplishes the same goal as a total ban. It's not just non-compliance, it's flagrant contempt. Looks like Sigale has a lot more ahead of him litigating another lawsuit which has yet to be (but will be) filed. Here's the text of the SAFE whatever.

 

http://www.cnmilaw.org/pdf/public_laws/19/pl19-42.pdf

 

Sent from my VS986 using Tapatalk

 

 

Link to comment
Share on other sites

It's a de facto handgun ban since who's willing to drop $1600 on a new Glock, S&W, SA, whatever pistol manufacturer. Not too many can afford that. It's an excise tax designed to DISCOURAGE the taxed activity which, in this context, is facially unconstitutional as it discourages citizens from exercising a protected right.

 

Sent from my VK700 using Tapatalk

 

 

Link to comment
Share on other sites

It's a de facto handgun ban since who's willing to drop $1600 on a new Glock, S&W, SA, whatever pistol manufacturer. Not too many can afford that. It's an excise tax designed to DISCOURAGE the taxed activity which, in this context, is facially unconstitutional as it discourages citizens from exercising a protected right. Sent from my VK700 using Tapatalk

I just love the way Politicians ,and Judges Thumb their noses at the law and rulings

Seems we have more Judges that are not Qualified to be a Judge

Link to comment
Share on other sites

Government will argue the passing of the $1000 import tax moots the case as the flat ban was struck down. Kinda a stretch to argue that making it unaffordable to import a firearm isn't a de facto ban. "There's no import ban. It's only $1,000 more to import a handgun, double the price of the firearm which is a reasonable regulation." Nope heh it fails rational basis. There is no rational basis for the excise tax...other than revenue (last thing on their minds when they passed it) and to continue to infringe on the Second Amendment rights of residents of The Commonwealth.

 

Sent from my VK700 using Tapatalk

 

 

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...