Explore The NRA Universe Of Websites

No More Handgun Bans

Friday, April 1, 2016

No More Handgun Bans

On Monday, Chief Judge Ramona V. Manglona of the United States District Court for the Northern Mariana Islands struck down the last handgun ban in the United States in the case of Radich v. Guerrero.  Judge Manglona’s opinion held that the Islands’ bans on handgun possession, possession of any firearms for self-defense purposes, importation of handguns, and firearm possession by resident aliens violated the Second and Fourteenth Amendments of the United States Constitution.

It’s fitting that the facts leading to this case illustrate why Americans continue to overwhelmingly support the right of law-abiding people to possess handguns for self-defense.  In 2013, married couple David and Li-Rong Radich sought firearm licenses for self-defense after Li-Rong was attacked in their home.  After no action was taken on their applications, the Radiches filed their suit challenging the bans.

Judge Manglona began her opinion by examining the application of the U.S. Constitution to the Commonwealth of the Mariana Islands.   She found that while some provisions of the Constitution do not directly apply to the Commonwealth, certain provisions, including the Second Amendment and section 1 of the Fourteenth Amendment, do apply via the founding Covenant that formed the Islands’ political union with the United States.

After finding that the Second and Fourteenth Amendments controlled, it was a simple matter of applying the Supreme Court’s precedents from District of Columbia v. Heller and McDonald v. City of Chicago to the prohibitions in question.  Following those precedents, Judge Manglona found no justification that could preserve the Commonwealth’s bans on handgun possession, possession of any firearms for self-defense purposes, importation of handguns, and firearm possession by resident aliens.

This decision shows how far gun rights supporters have come from only forty years ago when the leading opponents of the right to keep and bear arms laid out their plan to end handgun possession in the United States.  As Nelson T. “Pete” Shields put it in a 1976 interview with The New Yorker, “[t]he first problem is to slow down the increasing number of handguns being produced and sold in this country. The second problem is to get handguns registered. And the final problem is to make the possession of all handguns and all handgun ammunition—except for the military, policemen, licensed security guards, licensed sporting clubs, and licensed gun collectors—totally illegal.” At the time, Shields was the chairman of the National Council to Control Handguns, which was renamed Handgun Control, Inc. in 1979 and is now called the Brady Campaign to Prevent Gun Violence. 

These days, gun control supporters don’t like to talk about their goal of banning firearms commonly kept for self-defense unless its with an oblique reference, but steps one and two of the plan laid out by Shields are still very much alive in the modern gun-controller’s toolbox.  Gun control groups continue to do whatever they can to marginalize gun ownership, and firearm registration – whether directly or indirectly – through “universal” background checks, and other “common sense” reforms. 

The Commonwealth could appeal this decision, but their likelihood of success is slim, at least for now, given Heller and McDonald.  But, that record is now more in jeopardy than ever given the potential shift on Second Amendment cases with Antonin Scalia’s passing.

TRENDING NOW

News  

Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

On July 9th, the Seattle City Council passed a mandatory firearm storage ordinance to restrict the self-defense rights of Seattle residents.  The ordinance, if signed by Mayor Jenny Durkan, will impose a one-size-fits-all method of storing firearms as ...

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

Wednesday, July 11, 2018

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

On Monday, the California Department of Justice, Bureau of Firearms (“CA DOJ”) officially withdrew the proposed regulations that would have expanded the improperly adopted “assault weapon” definitions, to apply in all circumstances. This withdrawal comes ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

NRA Endorses State Senator Leah Vukmir for U.S. Senate in Wisconsin

News  

Tuesday, July 17, 2018

NRA Endorses State Senator Leah Vukmir for U.S. Senate in Wisconsin

FAIRFAX, Va. – The National Rifle Association Political Victory Fund (NRA-PVF) is proud to announce its endorsement of state Sen. Leah Vukmir in the 2018 Republican U.S. Senate Primary in Wisconsin.

Too Young or Too Old... To Own a Gun?

News  

Friday, July 6, 2018

Too Young or Too Old... To Own a Gun?

A common theme among anti-gun extremists is what we often refer to as the “Goldilocks” approach to limiting access to firearms by law-abiding citizens.  Rather than admit that the ultimate goal is to disarm all ...

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

Hunting  

Friday, July 13, 2018

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

On July 11th, Governor John Carney signed Senate Bill 198 into law to expand hunting opportunities in Delaware by eliminating the prohibition against hunting for deer on Sundays and allowing for the harvesting of deer on Sundays ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.