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

Midwest

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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."
 

Midwest

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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/guam-shall-issue-becomes-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/items/gov.uscourts.nmid.4365/gov.uscourts.nmid.4365.1.0.pdf


Here is the 17 page ruling

http://14544-presscdn-0-64.pagely.n...16/03/60-160328-Radich-Order-Granting-MSJ.pdf
 
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davidmcbeth

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

http://gunwatch.blogspot.com/2014/05/guam-shall-issue-becomes-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/items/gov.uscourts.nmid.4365/gov.uscourts.nmid.4365.1.0.pdf


Here is the 17 page ruling

http://14544-presscdn-0-64.pagely.n...16/03/60-160328-Radich-Order-Granting-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....
 

Firearms Iinstuctor

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northern wis
In response they passed some very restrictive new gun laws. full story at the link


http://www.gunwatch.blogspot.com/2016/04/cnmi-senate-passes-one-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.
 

Grapeshot

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In response they passed some very restrictive new gun laws. full story at the link


http://www.gunwatch.blogspot.com/2016/04/cnmi-senate-passes-one-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.
 

Grapeshot

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It would appear they are banking on the Beast getting elected, and changing the course of SCOTUS.
Whose name we shall not mention. :mad:

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

Unfortunately...........
 

Have Gun - Will Carry

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Kenosha County, Wisconsin

KBCraig

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cb5300

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Vinton, Virginia, USA
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?
 

KBCraig

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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.
 

davidmcbeth

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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.
 

oldbanger

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beckofbeyond - Idaho
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/federal-judge-overturns-ban-on-openly-ca

http://14544-presscdn-0-64.pagely.netdna-cdn.com/wp-content/uploads/2016/03/60-160328-Radich-Order-Granting-MSJ.pdf
 
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