Results 1 to 22 of 22

Thread: Federal Judge: Northern Mariana Islands Handgun Ban Violates 2nd Amendment

  1. #1
    Regular Member oldbanger's Avatar
    Join Date
    Oct 2010
    Location
    beckofbeyond - Idaho
    Posts
    476

    Federal Judge: Northern Mariana Islands Handgun Ban Violates 2nd Amendment

    Manglona ruled the Commonwealth of the Northern Mariana Islands (CNMI) is bound by the restrictions placed upon it by the Second Amendment to the U.S. Constitution.
    And Manglona particularly cited the fact that the CNMI handgun ban violates Second Amendment protections.

    http://www.breitbart.com/big-governm...2nd-amendment/

  2. #2
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    33,972
    Do we have a candidate for SCOTUS?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member
    Join Date
    Aug 2011
    Location
    Boone County, KY
    Posts
    311
    Thanks for posting this



    From the article....

    "On March 28 SAF founder and executive vice president Alan Gottlieb told Breitbart News the ruling “will have a direct impact in the 9th Circuit [and] it is another affirmation of the Second Amendment victories in Heller and McDonald."
    I am not a lawyer, I study the history of gun control laws.

  4. #4
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,885
    https://www.youtube.com/watch?v=cesSRfXqS1Q

    With all those extra heavy guns ... it'll tip over if we let guns on it ! Like Guam....

  5. #5
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    33,972
    Quote Originally Posted by davidmcbeth View Post
    https://www.youtube.com/watch?v=cesSRfXqS1Q

    With all those extra heavy guns ... it'll tip over if we let guns on it ! Like Guam....
    Gooney bird.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
    Regular Member
    Join Date
    Aug 2007
    Location
    Granite State of Mind
    Posts
    4,496
    Quote Originally Posted by davidmcbeth View Post
    https://www.youtube.com/watch?v=cesSRfXqS1Q

    With all those extra heavy guns ... it'll tip over if we let guns on it ! Like Guam....
    Guam is more gun friendly than many states. Hasn't tipped over yet.

  7. #7
    Regular Member
    Join Date
    Aug 2011
    Location
    Boone County, KY
    Posts
    311
    Guam is more gun friendly than many states.

    Yes, Guam went shall issue May 21 2014 Governor Calvo of Guam signed Bill 296-32 into law.

    http://gunwatch.blogspot.com/2014/05...comes-law.html



    Back to the Northern Mariana Islands Ruling.

    For those interested in the original documents.


    Here is the link to the original 9 page complaint filed Sept 5 2014

    http://ia601401.us.archive.org/30/it...d.4365.1.0.pdf


    Here is the 17 page ruling

    http://14544-presscdn-0-64.pagely.ne...anting-MSJ.pdf
    Last edited by Midwest; 03-29-2016 at 06:14 AM.
    I am not a lawyer, I study the history of gun control laws.

  8. #8
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,885
    Quote Originally Posted by Midwest View Post
    Yes, Guam went shall issue May 21 2014 Governor Calvo of Guam signed Bill 296-32 into law.

    http://gunwatch.blogspot.com/2014/05...comes-law.html



    Back to the Northern Mariana Islands Ruling.

    For those interested in the original documents.


    Here is the link to the original 9 page complaint filed Sept 5 2014

    http://ia601401.us.archive.org/30/it...d.4365.1.0.pdf


    Here is the 17 page ruling

    http://14544-presscdn-0-64.pagely.ne...anting-MSJ.pdf

    A 18 USC 242 arrest is in order? The pleadings of this commissioner are pure garbage. He willfully and wantonly deprived this family their RKBA. Death is acceptable punishment IMO....

  9. #9
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,028
    In response they passed some very restrictive new gun laws. full story at the link


    http://www.gunwatch.blogspot.com/201...e-of-most.html


    The United State District Court for the Northern Mariana Islands recently ruled that existing gun laws, written by a peace corps volunteer in the 1970's, are unconstitutional, and violate the Second Amendment, in several provisions.

    The House and Senate of the Commonwealth of the Northern Mariana Islands reacted to the Court ruling by passing an extremely restrictive bill, S. B. No. 19-94(pdf), entitled "To regulate the possession of firearms in the Commonwealth.", in a special session on 5 April, 2016. The bill passed the Senate unanimously. The short title is the SAFE Act (Special Act for Firearms Enforcement), perhaps in reference to the infamous New York law of the same name. It has not yet been signed by the Governor.


    I read the bill. It seems that the authors looked at the most restrictive possible language from appellate courts in the circuits most antagonistic to Second Amendment rights. Then they combined provisions of those laws, to make it as difficult as possible to possess or use for defensive purposes, any firearms in the CNMI.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  10. #10
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    33,972
    Quote Originally Posted by Firearms Iinstuctor View Post
    In response they passed some very restrictive new gun laws. full story at the link


    http://www.gunwatch.blogspot.com/201...e-of-most.html


    The United State District Court for the Northern Mariana Islands recently ruled that existing gun laws, written by a peace corps volunteer in the 1970's, are unconstitutional, and violate the Second Amendment, in several provisions.

    The House and Senate of the Commonwealth of the Northern Mariana Islands reacted to the Court ruling by passing an extremely restrictive bill, S. B. No. 19-94(pdf), entitled "To regulate the possession of firearms in the Commonwealth.", in a special session on 5 April, 2016. The bill passed the Senate unanimously. The short title is the SAFE Act (Special Act for Firearms Enforcement), perhaps in reference to the infamous New York law of the same name. It has not yet been signed by the Governor.


    I read the bill. It seems that the authors looked at the most restrictive possible language from appellate courts in the circuits most antagonistic to Second Amendment rights. Then they combined provisions of those laws, to make it as difficult as possible to possess or use for defensive purposes, any firearms in the CNMI.
    Terrible, terrible bill/law.

    Makes the elite, more equal than the non-elite. They got theirs, but not going to let others have the benfit. Just taking care of business....their business........at the point of a gun....or lack thereof for others.

    Smakes as racism too and leaves the common man as basicly defenseless.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  11. #11
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,131
    It would appear they are banking on the Beast getting elected, and changing the course of SCOTUS.
    Quote Originally Posted by countryclubjoe View Post
    I never referred to you or anyone else as a shoeshine boy... I simply told you to "go get your shine box'. Not a racial statement whatsoever..-snip-
    Quote Originally Posted by countryclubjoe View Post
    -snip- My offer still stands, if you want to do an honest days work, I will send you my antique shine box..

  12. #12
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    33,972
    Quote Originally Posted by WalkingWolf View Post
    It would appear they are banking on the Beast getting elected, and changing the course of SCOTUS.
    Whose name we shall not mention.

    Would like to wake up, find this was all a nightmare, and all was right with the world.

    Unfortunately...........
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  13. #13
    Regular Member
    Join Date
    Apr 2012
    Location
    sparta ky
    Posts
    244

    $1000.00 gun tax

    US territory's 40yr gun ban shot down now this http://www.guns.com/2016/04/07/lawma...-of-total-ban/ I wonder how long it will take to get this overturned when it passes.

    Mike D

  14. #14
    Regular Member Have Gun - Will Carry's Avatar
    Join Date
    Oct 2010
    Location
    Kenosha County, Wisconsin
    Posts
    338
    Quote Originally Posted by ps1mhd View Post
    US territory's 40yr gun ban shot down now this http://www.guns.com/2016/04/07/lawma...-of-total-ban/ I wonder how long it will take to get this overturned when it passes.

    Mike D
    Mike, this is already being discussed here: http://forum.opencarry.org/forums/sh...-2nd-Amendment

    But thanks for the link - I hadn't read that story yet.
    “There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other.” - John Adams

    Quote Originally Posted by marshaul View Post
    Experience? Experience means political success, which means (today) Democrat or Republican. And it is precisely these professional politicians who have become corrupt and unrepresentative of the American people.

  15. #15
    Regular Member
    Join Date
    Aug 2007
    Location
    Granite State of Mind
    Posts
    4,496
    Quote Originally Posted by ps1mhd View Post
    US territory's 40yr gun ban shot down now this http://www.guns.com/2016/04/07/lawma...-of-total-ban/ I wonder how long it will take to get this overturned when it passes.

    Mike D
    The tax might survive. The way to challenge it would be through their total ban on carrying handguns for self defense, contrary to Heller and McDonald.

  16. #16
    Regular Member
    Join Date
    Apr 2009
    Location
    Vinton, Virginia, USA
    Posts
    17
    Quote Originally Posted by KBCraig View Post
    The tax might survive. The way to challenge it would be through their total ban on carrying handguns for self defense, contrary to Heller and McDonald.
    Why do you think the tax will survive? Isn't it kind of like the old "Poll Tax" in that you are being required to pay a tax to enjoy a constitutional right?

  17. #17
    Regular Member
    Join Date
    Aug 2007
    Location
    Granite State of Mind
    Posts
    4,496
    Quote Originally Posted by cb5300 View Post
    Why do you think the tax will survive? Isn't it kind of like the old "Poll Tax" in that you are being required to pay a tax to enjoy a constitutional right?
    I said "might", because, well, it might. I can't predict whether it will or won't survive.

    I was merely offering up an opinion that the total ban on carry is low-hanging fruit, since that's already been settled by SCOTUS.

    I'm sure those filing suit will offer both arguments, and hopefully overturn both the ban and the tax.

  18. #18
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,885
    Quote Originally Posted by Grapeshot View Post
    Terrible, terrible bill/law.

    Makes the elite, more equal than the non-elite. They got theirs, but not going to let others have the benfit. Just taking care of business....their business........at the point of a gun....or lack thereof for others.

    Smakes as racism too and leaves the common man as basicly defenseless.
    I agree but wonder what restrictions Grape sees as not being an afront to our RKBA? I would say all are.

  19. #19
    Regular Member oldbanger's Avatar
    Join Date
    Oct 2010
    Location
    beckofbeyond - Idaho
    Posts
    476

    Federal Judge Overturns Ban on Openly Carrying Guns in Public

    The exorbitant CNMI tax on handguns, which raises the cost of the cheapest pistol by almost 700 percent, is also unusual.
    "The power to tax is not just the power to fund the government," Manglona observes. "It is the power to destroy."
    Because a $1,000 tax "comes close to destroying the Second Amendment right to acquire 'the quintessential self-defense weapon,'" she writes, "the Court will strike it down."


    http://reason.com/blog/2016/10/05/fe...n-on-openly-ca

    http://14544-presscdn-0-64.pagely.ne...anting-MSJ.pdf
    Last edited by oldbanger; 10-06-2016 at 05:40 PM.

  20. #20
    Regular Member California Right To Carry's Avatar
    Join Date
    Dec 2013
    Location
    United States
    Posts
    462
    Quote Originally Posted by oldbanger View Post
    It was nice of the author of the Reason Magazine article to provide a link to my article which I sent to him by way of enticing him to write his own article.

    http://newsblaze.com/business/legal/...-public_67272/
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

  21. #21
    Regular Member California Right To Carry's Avatar
    Join Date
    Dec 2013
    Location
    United States
    Posts
    462
    Update by Charles Nichols, President of California Right To Carry, December 12, 2016 Two and a half months after getting his injunction, the Clerk of the Court formally entered judgment in the case and awarded costs to Mr. Murphy. These are nominal costs (e.g., filing fee and some printing costs) because Mr. Murphy is not an attorney and even though he won, he gets nothing for his time and effort.

    http://blog.californiarighttocarry.org/?page_id=5486
    Last edited by Grapeshot; 12-20-2016 at 04:18 AM. Reason: rule #19
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

  22. #22
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,885
    Quote Originally Posted by California Right To Carry View Post
    Update by Charles Nichols, President of California Right To Carry, December 12, 2016 – Two and a half months after getting his injunction, the Clerk of the Court formally entered judgment in the case and awarded costs to Mr. Murphy. These are nominal costs (e.g., filing fee and some printing costs) because Mr. Murphy is not an attorney and even though he won, he gets nothing for his time and effort.

    http://blog.californiarighttocarry.org/?page_id=5486
    http://blog.californiarighttocarry.o...00026-1091.pdf

    One can go to pg 53 of the linked pdf court decision (obtained through the nice link of Calf. noted above) for the short short short version of what the court decided.

    Mr. Murphy got no $$ award though he did not sue the folks in their individual capacity (so its basically a declaratory and injunction being sought -- some which he won, some which he lost).

    The decision is a lizzurd decision -- looking at made up levels of scrutiny, musings of a .gov ...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •