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


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#1 kwc

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Posted 28 March 2016 - 02:45 PM

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/...ban-in-the-u-s/

 

and here:

 

https://www.saf.org/...an-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.


Edited by kwc, 28 March 2016 - 02:55 PM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#2 transplant

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Posted 28 March 2016 - 02:57 PM

Fantastic

Hillary Clinton is an "Original Classification Authority" - she knows exactly what she did with her emails.

 

(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.

 

Sec. 1.2. Classification Levels.

 

(a) Information may be classified at one of the following three levels:

 

(1) “Top Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.

(2) “Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.

(3) “Confidential” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.

 

(tt) “Violation” means:

(1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information;

 

http://www.thegatewa...on-home-server/


#3 gLockedandLoaded

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Posted 28 March 2016 - 03:12 PM

I love it.

#4 BobPistol

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Posted 28 March 2016 - 06:12 PM

Does this also cover American Samoa?  Marianas and Samoa are the only pieces of red left.


The Second Amendment of the Constitution protects the rest.

#5 skinnyb82

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Posted 29 March 2016 - 12:00 PM

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
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#6 Mr. Fife

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Posted 29 March 2016 - 12:53 PM

Does this also cover American Samoa?  Marianas and Samoa are the only pieces of red left.


No, the workers at Pelosi's fish cannery might start demanding higher wages.
Have all boated who fish?
Have all boated who fish?
Have all boated who fish?
 
 

#7 skinnyb82

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Posted 16 April 2016 - 09:39 AM

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.o.../19/pl19-42.pdf Sent from my VS986 using Tapatalk
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#8 BobPistol

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Posted 16 April 2016 - 03:39 PM

http://www.cnmilaw.o.../19/pl19-42.pdf

 

"The Legislature finds that human life is the  most precious thing in the entire world."

 

So they'll ban abortion right?  Oops....Nope.  Just guns.


Edited by BobPistol, 16 April 2016 - 03:39 PM.

The Second Amendment of the Constitution protects the rest.

#9 skinnyb82

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Posted 19 April 2016 - 11:20 AM

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
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#10 DoverGunner

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Posted 19 April 2016 - 02:37 PM

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



#11 kwc

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Posted 19 April 2016 - 02:55 PM

 

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

 

 

While that may be true, this judge got it right IMHO.  Unfortunately, the legislature messed things up again.  I'm guessing the judge will get another shot at this one (no pun intended).


Edited by kwc, 19 April 2016 - 02:55 PM.

"Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up." - Galations 6:9 (NIV)

"If you can't explain it to a six-year old, you don't understand it yourself." - Albert Einstein (paraphrased)

#12 skinnyb82

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Posted 19 April 2016 - 05:26 PM

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
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