26 Nov 2018
- By Bryan Manabat – [email protected] – Variety News Staff
THE U.S. Court of Appeals for the Ninth Circuit has denied the Tanapag Middle School’s Parent-Teacher-Student Association’s petition for a panel rehearing in the lawsuit over the CNMI gun control law.
In July 2018, the appellate court also ruled that TMS had no standing to intervene in the lawsuit filed by U.S. Navy veteran David J. Radich and his wife, Li Rong, who challenged the constitutionality of the CNMI gun control law.
This time, the appellate court affirmed the district court’s denial of the school PTSA’s motion to intervene.
Through counsel Joseph E. Horey, the PTSA wanted the Ninth Circuit to reverse the federal court’s order that denied its motion to intervene in the Radich couple’s lawsuit.
The PTSA claimed that Judge Manglona’s order striking down the Act will require the PTSA to install metal detectors in schools or hire security guards to protect against “an increased danger of gun violence.”
But the appellate court said the judge did not err in her decision.
In denying the PTSA’s motion to intervene, Judge Manglona pointed out that “the provisions challenged in this lawsuit no longer exist,” and the PTSA “no longer has a case into which it can intervene.”
On March 28, 2016, Judge Manglona struck down the CNMI law that prohibited residents from obtaining handguns for self-defense purposes, saying it was unconstitutional.
The PTSA filed a motion to intervene for purposes of appeal in the Radich couple’s lawsuit after the CNMI government enacted Public Law 19-42, or the SAFE Act, which removed the ban on possession of handguns and established new rules for transporting and using firearms.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/109053-ninth-circuit-denies-tanapag-ptsa-petition