President Barack Obama can’t be happy about this 5-way victory for Second Amendment gun rights.
A federal judge just stopped 5 different anti-gun laws, and gun-grabbing activists are furious!
US District Court Chief Justice Ramona Manglona of the Northern Mariana Islands ruled that a territorial ban on “assault weapons,” caliber limitations on long guns, a $1,000 tax on handgun purchases, and registration requirements all violate the U.S. Constitution.
While Manglona didn’t defend the right to concealed carry as Constitutional, she struck down the law that banned open carry for self-defense as well!
Reason Magazine has the incredible report:
But the 9th Circuit has not addressed the broader question of whether the right to armed self-defense recognized by the Supreme Court in the landmark 2008 case District of Columbia v. Heller extends beyond the home. Adopting the historical analysis and logic that the U.S. Court of Appeals for the 7th Circuit applied when it overturned an Illinois ban on carrying guns in 2012, Manglona concludes that “the Second Amendment, based on its plain language, the history described in Heller I, and common sense, must protect a right to armed self-defense in public.” While “the right of armed self-defense, including in public, is subject to traditional limitations,” she says, “it is not subject to elimination.” Since the law enforced by the Commonwealth of the Northern Mariana Islands (CNMI) “completely destroys that right,” Manglona writes, “it is unconstitutional regardless of the level of scrutiny applied, and the Court must strike it down.”
Manglona emphasizes that she is upholding “the individual’s right to carry and transport an operable handgun openly for self-defense outside the home” (emphasis added). That’s because the “traditional limitations” she mentions include bans on concealed weapons. As the Supreme Court noted in Heller, “the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.” Although the open carrying of guns may clash with contemporary sensibilities, it is the mode of publicly bearing arms that is most clearly protected by the Second Amendment.
Manglona had harsh criticism for the $1,000 tax on buying firearms: “The power to tax is not just the power to fund the government. It is the power to destroy.” She is convinced the tax was passed to effectively limit Second Amendment rights, which is why she struck it down.
In addition, she struck down gun registration rules which required a separate application for each weapon and considered the rule unjustified on “public safety grounds.”
This is a breaking news story. We will update this story as more details become available.