Posted on 08/19/2013 6:08:39 PM PDT by marktwain
A former U.S. Army Ranger who is now an educator has agreed with a lawyer that the CNMI Weapons Act is unconstitutional and should be repealed or made moot.
Paul Aguon Murphy said that defendant Sergio M. Rangamar should not be charged with criminal action for the mere possession of a handgun.
Murphy so far is the only one to submit an amicus curiae (friend of the court) brief at the invitation of Superior Court Associate Judge Joseph N. Camacho.
Attorney Mark Scoggins, counsel for Rangamar, has asked the court to dismiss the charges of illegal possession of a firearm and illegal possession of ammunitions against Rangamar.
Scoggins asserts that laws that outlaw the simple possession of handguns in the CNMI are unconstitutional. He pointed out that portions of the Commonwealth Weapons Act are unconstitutional under the Second Amendment to the U.S. Constitution.
Police arrested the 36-year-old Rangamar for allegedly aiming a gun at his two cousins in Gualo Rai. Police recovered at the scene a 9mm semi-automatic pistol with a 9mm live round in the chamber, another live round in the magazine, seven 9mm full rounds, and five 9mm hallow point live rounds.
In a recent order, Camacho said how the issue in Rangamar’s motion is resolved has the potential of legalizing handguns in the CNMI so he desires a “robust record” in order to consider the motion to dismiss.
Camacho directed the parties to submit supplemental briefing. He also urged interested parties to submit briefs.
In his brief filed last week, Murphy said that Article 1 Section 2202 specifically violates Rangamar’s second amendment right by banning handguns en banc, therefore making the mere possession of a handgun a criminal act.
(Excerpt) Read more at saipantribune.com ...
Thanks for pointing that out.
So many posts on FR are filled with strange-looking initials that the poster just assumes “everyone” knows. Well, they don’t.
If they are territory of USA then Constitution supersedes.
So very true. Thanks mark.
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