CNMI Chief Solicitor J. Robert Glass Jr. has asked the federal court to dismiss the complaint of Army veteran Paul Murphy against Department of Public Safety Commissioner Anthony I. Macaranas, in his official capacity, regarding the local ban on gun silencers.
“Plaintiff failed to properly serve defendant and fails to state a claim upon which relief may be granted,” Glass said.
Murphy, filing pro se or representing himself, requested the District Court for the NMI for a declaratory judgment that the ban on suppressors is unconstitutional.
Likewise, Murphy requested the court to issue a permanent injunction enjoining DPS from enforcing the ban on silencers, sound suppressors, or sound moderators.
He said the denial violates his Second and 14th Amendment constitutional rights.
According to Glass, “On September 3, 2024, Murphy filed his complaint containing two causes of action for 1) a 42 U.S.C. § 1983 action that the denial of possession of certain ‘arms’ violated Mr. Murphy’s rights under the Second Amendment, and 2) a declaratory judgment that 6 CMC § 2222 and Public Law 19-42 § 208(a)(2)1 are unconstitutional, and for an injunction prohibiting Department of Public Safety Commissioner Anthony Macaranas from enforcing 6 CMC §§ 2222 and 10208(a)(2).”
Glass said a summons was issued the same day and “allegedly served on Sgt. Gabriel Manglona of DPS.”
“The return was filed September 4, with the server’s alleged signature, but the printed name and title is that of Sargeant Gabriel Manglona, so it is unclear who served the summons and complaint. The P.O. Box address that is included in the executed return is for the Law Office of Stephen J. Nutting,” Glass said.
He asked the court to dismiss with prejudice any claim regarding 6 CMC § 2222(a).
“The statute being challenged by Plaintiff was repealed by the Legislature in Public Law 19-73 § 3 in 2016. The specific statute being challenged, 6 CMC § 2222(a), no longer exists. Thus, this court should dismiss any claim relating to 6 CMC § 2222(a) with prejudice because even if plaintiff were correct and the ban on sound suppressors, moderators, and silencers is unconstitutional it could not grant the relief requested in declaring a repealed statute unconstitutional,” Glass said.
Chief Judge Ramona V. Manglona scheduled a hearing for Oct. 31, at 10:30 a.m.
In 2016, Murphy won his lawsuit against DPS, which he sued to stop the enforcement of the Commonwealth Weapons Act and the Special Act for Firearms and Enforcement or SAFE.
In 2020, Murphy filed another complaint against DPS for enforcing gun law provisions found unconstitutional.
In his recent complaint, he based his lawsuit on 42 U.S.C. § 1983 for deprivation of civil rights under color of law, and is seeking declaratory and injunctive relief in challenging the CNMI’s Weapons Control Act and the CNMI’s SAFE Act.
Under 6 CMC § 2222(a), “It shall be unlawful for any person to knowingly manufacture, import, sell, ship, deliver, possess, transfer, or receive a firearm silencer, except as authorized by law.”
Under CNMI P.L. 19-42 §208(a)(2), “No person shall possess: A silencer, sound suppressor or sound moderator.”
Murphy said pursuant to the Covenant to establish a Commonwealth of the Northern Mariana Islands in political union with the United States of America, the Second Amendment and the 14th Amendment to the United States Constitution are applicable to the CNMI.
In his lawsuit, Murphy stated that on Aug. 9, 2023, then-DPS Commissioner Clement R. Bermudes denied his request for firearm possession of a Maxim Defense POX-SD pistol chambered in 5.56 NATO with a built-in “soup can” suppressor.
On June 24, 2024, Bermudes’ successor, DPS Commissioner Macaranas, denied Murphy’s request for possession of a Banish 30 suppressor and a Ruger MKIV-SD Integral Suppressor .22-caliber pistol, the lawsuit stated.
