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DPS chief asks court to dismiss lawsuit over guns
Department of Public Safety Commissioner James C. Deleon Guerrero has asked the federal court to dismiss a $5-million lawsuit filed by former U.S. Army Ranger Paul Michael Murphy over the alleged confiscation of his firearms and ammunition in 2007.
Deleon Guerrero, through assistant attorney general James M. Zarones, asserted that the U.S. District Court for the NMI has no subject matter jurisdiction in this case and that Murphy has failed to serve summons upon him.
Zarones said that Murphy’s second attempt to initiate a lawsuit against the CNMI, Deleon Guerrero, or whoever he is trying to sue, must fail for lack of compliance with the Federal Rules of Civil Procedure.
Zarones said the caption of the complaint indicates that Murphy is still attempting to file a lawsuit against the Commonwealth but the language of the case indicates that the true defendant is Deleon Guerrero, in his personal and professional capacity.
Zarones said that Murphy must once and for all decide who he is trying to sue before further burdening the court and Deleon Guerrero with additional filings.
Second, he said, Murphy failed to sign his complaint, depriving the court of subject matter jurisdiction.
Finally, Zarones said, Murphy failed to serve a summons upon Deleon Guerrero so he may not proceed until he complies with the Federal Rules of Civil Procedure by properly serving the commissioner.
In his declaration filed in court on Thursday, Deleon Guerrero disclosed that he has not received a summons in this case and has not received a signed complaint.
In a pro se complaint (filed without a lawyer), Murphy, who is now a teacher, also asked the court to repeal the CNMI Weapons Control Act and all associated legislation, licensing, taxation, recording, administration, and processing.
Murphy said 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 still being held by CNMI DPS Firearms Section.
Murphy said DPS had denied his repeated request to carry and possess his rifle and pistol.
