(Office of the Attorney General, Saipan) — Attorney General Edward Manibusan on Thursday urged the U.S. Supreme Court to reverse a lower court’s decision striking down a federal statute barring individuals subject to domestic violence restraining orders from accessing guns.
Attorney General Manibusan joined a coalition of 25 attorneys general in filing an amicus brief in support of the federal government in the Supreme Court case, United States v. Rahimi.
Federal law bars people subject to domestic violence restraining orders from possessing firearms. The defendant in Rahimi — who was under a domestic violence restraining order issued by a state court in Texas for assaulting his girlfriend — challenged the statute on the ground that it violates the Second Amendment of the U.S. Constitution. The United States Court of Appeals for the 5th Circuit issued an opinion earlier this year agreeing.
Attorney General Manibusan and the coalition are asking the U.S. Supreme Court to overrule the lower court and restore the federal law.
“Protection of human life and public safety should always be of utmost importance. The accessibility of firearms causes a potential rise of domestic violence involving weapons. Our office remains dedicated to proactively advocating and aiding victims of domestic violence and will continue to monitor and strictly enforce our gun laws for the safety and protection of the community,” said Attorney General Manibusan.
In addition to the federal law, nearly every state in the country has enacted a law limiting access to firearms for those subject to domestic violence restraining orders. Attorney General Manibusan and the attorneys general argue that the appeals court ruling puts at risk domestic violence victims who may be harmed or killed by their abusers. In addition, the ruling hamstrings both the federal government and states in their efforts to protect their residents’ safety.
The CNMI Office of the Attorney General drafted the “Special Act for Firearms Enforcement” or “SAFE Act,” which governs the regulation of firearm possession in the Commonwealth, which was passed into law in April 2016. This bill relied heavily on states which had the most restrictive gun control statutes in the nation.
Within the same year, Attorney General Manibusan drafted the “Second Special Act for Firearms Enforcement” or “SAFE ACT II,” which modernized the Commonwealth’s existing firearm laws. SAFE ACT II was passed in December 2016.
Since the passage of these laws, there have been nine domestic violence cases involving firearms. The amicus brief is Attorney General Manibusan’s most recent action to address gun violence throughout the CNMI and across the nation.
Joining Attorney General Manibusan in filing the brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin. The chief state’s attorney of Connecticut also joined this brief.
Edward Manibusan
