U.S. District Court for the NMI Chief Judge Ramona V. Manglona has declared unconstitutional the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes.
Manglona ruled that the handgun and handgun ammunition ban contained in the CNMI Weapons Control Act is declared unconstitutional and in violation of the Covenant that incorporated Second Amendment to the U.S. Constitution.
Manglona said the implied prohibition on issuing weapons identification cards (WIC) 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.
The judge issued the ruling favorable to U.S. Navy Veteran David J. Radich and his wife Li-Rong, who have filed a lawsuit against then-Department of Public Safety Commissioner James C. Deleon Guerrero and Department of Finance Secretary Larrisa Larson, that challenges the constitutionality of the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes.
The DPS commissioner is responsible for enforcing the CNMI’s laws, customs, practices, and policies.
The Finance secretary, on the other hand, has the authority with enforcing the prohibition on the importation of handguns into the CNMI.
Radich was born in California. He was an honorably discharged U.S. Navy veteran who served in the Gulf War. He used to work as a public school on Tinian then moved to Saipan in 2008 to work for an environmental consulting firm. He and Li-Rong have been married since 2009.
According to the complaint, in 2010, while Mr. Radich was away and his wife, Li Rong, was at home alone, their home was invaded.
Li Rong was reportedly attacked and beaten resulting in injuries, including two broken ribs, facial contusions, and a suspected broken orbital bone and eye socket.
Li Rong screamed out for help and caused the home invader to leave. She eventually recovered physically, but both plaintiffs incurred medical bills for Li Rong’s care.
The couple applied for weapons permit. To this day, no permit has been granted.