Govt moves to dismiss ex-Ranger’s amended suit over handguns ban

Department of Public Safety Commissioner James C. Deleon Guerrero and Department of Finance Secretary Larissa Larson are moving the federal court to dismiss the amended complaint filed by former U.S. Army Ranger Paul Michael Murphy, who seeks a court ruling that would allow him to possess firearms, including handguns, for the purpose of self-defense in the CNMI.

Defendants Deleon Guerrero and Larson, through counsel assistant attorney general James M. Zarones, asserted that Murphy should not be allowed to invoke the jurisdiction of the federal court in a case premised upon the violation of the Second Amendment without first demonstrating that he is entitled to possess firearms under both federal and Commonwealth law.

In Deleon Guerrero and Larson’s motion to dismiss filed on Friday, Zarones said the court should dismiss the complaint for lack of subject matter jurisdiction because Murphy cannot establish standing.

If the court finds that plaintiff Murphy has standing, Zarones said, then the court should dismiss the complaint for failure to state a claim upon which relief may be granted.

Early this month, the court recently found as moot Deleon Guerrero and Larson’s motion to dismiss Murphy’s second amended lawsuit over the alleged confiscation of his firearms and ammunition in 2007.

In denying the motion to dismiss, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said the day after Deleon Guerrero and Larson filed the motion, Murphy had a non-party serve his summons and second amended complaint on the two officials.

“It appears that service has now been perfected,” Manglona said.

In defendants’ other motion to dismiss filed on Friday, Zarones said Murphy’s failure to allege his eligibility to possess firearms deprives him of standing because the court cannot be assured that a favorable ruling will redress his grievances.

Zarones said Murphy wishes to hold Deleon Guerrero and Larson liable in their personal capacities, but that he has failed to allege a single fact, which would allow the court to conclude that either of the defendants violated his rights.

The lawyer pointed out that Murphy has alleged nothing more the denial of a firearm identification card and did not indicate a reason for such denial.

“The Commonwealth, like many other states and territories, regularly denies citizens firearm identifications, or their equivalents, for a variety of perfectly legal reasons,” he said.

Last April, Manglona granted the CNMI government’s motion to dismiss Murphy’s $5-million lawsuit.

Manglona, however, allowed Murphy to file a second amended complaint.

In a pro se complaint or 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.