Court: Ex-Army Ranger can now register handgun
Manglona
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has ruled that the Commonwealth’s passing of the Special Act for Firearms Enforcement appears to moot some issues in a lawsuit by U.S. Army Ranger Paul Michael Murphy who sued over the alleged confiscation of his firearms and ammunition in 2002.
In an order issued on Monday, Manglona said with the CNMI’s passing of SAFE Act, Murphy can now register a handgun in a caliber above .22, which is one of the issues in his lawsuit.
Manglona said the SAFE Act, which extensively revised the gun control laws of the CNMI, appears to leave others unresolved such as the ban on rifles in calibers greater than .223.
The judge said the SAFE Act appears to potentially introduce still others such as the ban on assault weapons, which defendants former Department of Public Safety commissioner James C. Deleon Guerrero and Finance Secretary Larrisa Larson believe may apply to one of Murphy’s rifles.
Manglona said because the new law changes the posture of Murphy’s case, the court will deny both parties’ cross-motions for summary judgment without prejudice and set a status conference to determine how to proceed.
A status conference in the case was set yesterday afternoon.
Murphy sued Deleon Guerrero and Larson in their official capacities to enjoin them from enforcing several provisions of the Commonwealth’s gun control laws as enacted in its Weapons Control Act.
Manglona heard argument on the parties’ cross-motions for summary judgment and took the matter under advisement.
On March 28, 2016, Manglona issued a decision and order in another control case filed by U.S. Navy veteran David J. Radich and his wife, Li-Rong. In that order, the judge struck down the Commonwealth’s ban on handguns for self-defense in the home.
In response, the CNMI passed the SAFE Act.
The Office of the Attorney General recently notified the federal court that Murphy is now alleged to register his Glock pistol pursuant to Weapons Control Act.
Assistant attorney general Charles Brasington said SAFE removes the ban on possession of handguns and also establishes new rules for transporting and using firearms.
Brasington said SAFE maintains the prohibition on rifles in calibers above .22 and .223, and shotguns of gauge greater than .410.
He said SAFE creates an assault weapon ban.
The assault weapon includes a semi-automatic rifle in a caliber greater than .223 that has the capacity to accept a detachable magazine.
Murphy’s lawsuit seeks to repeal the CNMI Weapons Control Act and all associated legislation, licensing, taxation, recording, administration, and processing.
Murphy alleged that DPS withheld all his firearms and ammunition until the issuance of a firearms, ammunition, and explosive identification card on Sept. 20, 2007.
He said his two firearms were sent to Guam Police Department armory for holding, while the ammunition is being held by the CNMI DPS Firearms Section. He said DPS has denied his repeated requests to carry and possess his rifle and pistol.
Technically by classifying any rifle above a certain caliber as an assault rifle is ludicrous as the majority, if not all of the .223 (5.62) caliber AR 15 weapons now in the CNMI ARE actually assault weapon except that they do not have a selector switch for auto fire such as the M16’s. The AR 15″ were an early model of the present day M16 which is also in the CNMI armory and often carried by the DPS in certain instances, if put side by side with the present “legal” NMI weapon would look almost identical in majority of cases..
Also a “selector switch conversion kit” is available or modifications for the AR 15’s or can be made for these present weapons to make them fully auto fire.
In the past Fed ban on “assault weapons in 1994 (now expired) there was no specifics on what is an assault weapon. It did not list such as to caliber only, but did ban 30 round clip.
This exclusion cannot be done by banning certain caliber alone as many rifles (and pistols) share the same caliber bore and also many share the same chambering and loads along with projectile weights (grains).
Another thing military loads are usually full metal jackets while hunting loads are hollow point or half jacket etc which is made to greatly expand or fragment upon hitting flesh and bone thus causing much more bodily destruction and leaving a gapping hole upon exiting, much more trauma than by a solid round. (but neither is desirable)
I can see possibly this may be a good case to bring forth in Ramona’s court as it may be done in this case, If not, maybe I will do so and and attempt to get all present .223 weapons banned under the present “assault weapons ban” ..
Lol. Obama must be crying right now for picking Judge Manglona as the U.S District Court here in CNMI as Chief Judge….hahaha…at least the sun is finally rising here in this part of the U.S
So he can register this .9mm glock even though with this new CNMI law has limited the caliber of handguns and rifles.
So what will happen when the rifle is brought up?