ARMY veteran Paul Murphy has refiled his lawsuit against the CNMI ban on gun silencer in federal court.
Murphy, who filed the lawsuit pro se or representing himself on Nov. 5, 2024, named Department of Public Safety Anthony Iglecias Macaranas as defendant.
Murphy wants the District Court for the NMI to issue a declaratory judgment finding 6 CMC §2222(a) and Public Law 19-42 §208(a)(2) unconstitutional on their face because they violate the Second and 14th Amendments to the United States Constitution.
Murphy also asked the court to issue a permanent injunction enjoining the DPS commissioner from enforcing the ban on silencers, sound suppressors, or sound moderators.
“A declaration from this court would settle these issues. A declaration would also serve a useful purpose in clarifying legal issues in dispute,” Murphy added.
He is suing Macaranas for violation of the right to keep and bear arms.
According to Murphy’s lawsuit, he has been denied the right to purchase, own, and/or possess a pistol, silencer, sound suppressor or sound moderator.
He stated that on Aug. 9, 2023, the former commissioner of DPS, Clement Bermudes, sent him a document via email denying his request for firearm possession of a Maxim Defense PDX-SD pistol chambered in 5.56 NATO with a built-in “soup can” suppressor.
“On June 24, 2024, Commissioner of DPS Anthony I. Macaranas sent me documents denying my request for possession of a Banish 30 suppressor and denying my request for possession of Ruger MKIV-SD Integral Suppressor 22 caliber pistol,” Murphy said.
He 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 previous litigation, this court found that provisions which banned these instruments to include a flash suppressor were unconstitutional,” Murphy said.
“With over three million silencers, suppressors, and sound moderators owned by Americans this is in common use for lawful purposes. The total ban on this class of arms should fail constitutional muster,” he added.
According to Murphy, the challenged provisions carry “felony criminal penalties for violations including fines and incarcerations of up to $25,000 and 10 years in prison.”
In September 2024, Murphy filed a similar lawsuit but withdrew it after the CNMI government asked the court to dismiss the complaint, saying, “The statute being challenged by Plaintiff was repealed by the Legislature in Public Law 19-73 §3 in 2016.”
Murphy and the CNMI government then filed a stipulation of voluntary dismissal, which Chief Judge Ramona V. Manglona granted.
Murphy did not indicate why he refiled the lawsuit.
In 2016, he 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.
