DPS moves to dismiss refiled suit challenging Weapons Control Act

The Department of Public Safety has filed a motion to dismiss the refiled lawsuit by an Army veteran challenging the CNMI’s Weapons Control Act.

Last Tuesday, DPS Commissioner Anthony I. Macaranas, through Chief Solicitor J. Robert Glass Jr., filed a motion with the U.S. District Court for the NMI seeking a dismissal of the refiled complaint of Army veteran Paul Murphy challenging the CNMI’s Weapons Control Act; specifically regarding the CNMI’s gun silencer ban.

Glass argues that Murphy failed to properly serve defendant and fails to state a claim upon which relief may be granted.

In addition, Glass argues that the statute Murphy is challenging was repealed by the Legislature in Public Law 19-73 § 3 in 2016.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,” he said.

Glass asked the court to dismiss the complaint with prejudice arguing that even if Murphy were correct and the ban on sound suppressors, moderators and silencers in 6 CMC § 2222(a) is unconstitutional, the court could not grant the relief requested in declaring a repealed statute unconstitutional.

“The repealed statute also could not be enforced [and] nothing within the complaint or the documents attached to the complaint reference 6 CMC § 2222(a) as any basis for the denial of plaintiff’s request for a silencer. Thus, because the statute has been repealed, the relief requested cannot be granted and plaintiff has failed to state a claim,” he said.

Murphy, filing pro se or for himself, named Macaranas as defendant and asked 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.

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.

In his lawsuit he stated that on Aug. 9, 2023, former DPS commissioner Clement Bermudes sent him a document via email, denying his request to possess a Maxim Defense PDX-SD pistol chambered in 5.56 NATO, equipped with a built-in “soup can” suppressor.

“On June 24, 2024, DPS Commissioner 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. Pursuant to the Covenant to establish a Commonwealth of the Northern Mariana Islands in political union with the United States of America, the Second and the 14th Amendments to the United States Constitution are applicable to the CNMI,” he said.

Murphy further argues that in previous litigation, the federal court found that provisions which banned instruments to include a flash suppressor were unconstitutional.

“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 said.

Back in September 2024, Murphy filed a similar lawsuit but withdrew it after the CNMI government asked the court to dismiss the complaint.

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.