Northern Mariana Islands Sued for Damages under 2nd and 14th Amendments

Gun Watch ^ | 31 December, 2014 | Dean Weingarten

[marktwain]

A United States military veteran, of Northern Mariana decent, has filed a complaint in federal court, asking for damages because his second amendment rights have been denied.  The damages appear to be quite clear, as his guns were confiscated upon his arrival in the Islands in July of 2007, and the Department of Public Safety has refused release two rifles to him, even after the issue of a CNMI Firearms, Ammunition, Explosive's identification card in September of 2007.  From mvariety.com:

 DPS withheld all firearms and ammunition until the issuance of a CNMI Firearms, Ammunition, Explosive’s identification card on Sept. 20, 2007, withholding certain firearms and ammunition after the issuance of the ID. Two firearms were sent to the Guam Police Department Armory for holding while the ammunition is still being held by the DPS’ firearms section, Murphy said

This is an interesting lawsuit, in that it appears to be a "pro se" effort, where Mr. Murphy filed the complaint himself, without the aid of counsel.  From the comments section:

Mr. Murphy, who is a person of Northern Marianas Descent, simply filed a complaint in court, which is his right. That is not easy for a non-lawyer to do. This is a public document, and the press is free to quote from it.

Murphy attempted to regain access to his property for years, all documented in the lawsuit.   The permitting authority refused to do so repeatedly.  This looks like the proper set up for a decent suit, but I am no fan of pro se efforts.  It will certainly be interesting to see what happens, with the Radich lawsuit already well under way, and the defendant in that suit already admitting that the court will likely rule against him with a summary judgement:

District Court for the Northern Mariana Islands Chief Judge Ramona V. Manglona will preside over a hearing on the motion for summary judgment on March 5, 2015.

Anticipating an unfavorable ruling from the federal court, Deleon Guerrero and Zarones have asked the Legislature to act “swiftly and without hesitation” to pass an alternative gun control law that is currently pending in the Senate.

Not surprisingly, the anti-second amendment comments are full of personal attacks and misinformation.   It is what happens when the facts and the law are not on your side.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

The gun ban in the CNMI was passed in 1972, when it did not fall under the U.S. Constitution. It was inspired by the gun control rhetoric coming from the U.S.

[Old Sarge]

I’m not familiar with the term “pro se” - anyone?

[Ex-Pat in Mex]

“Pro se” is Latin for oneself, on one’s own behalf i.e. representing yourself in court.

[PapaBear3625]

“Pro se” = “on my own behalf”, i.e. not represented by lawyer.

[Usagi_yo]

It means your lawyer is probably an idiot of some sort.

[KC_Lion]

Artcile: The damages appear to be quite clear, as his guns were confiscated upon his arrival in the Islands in July of 2007,

Mark Twain: The gun ban in the CNMI was passed in 1972, when it did not fall under the U.S. Constitution. It was inspired by the gun control rhetoric coming from the U.S.

But shouldn't the Gun ban had been repealed when The CNMI became part of the United States in 1977?

If I am reading the article right, the gentleman's Guns were Confiscated in 2007, 30 years after our Union.

[Shimmer1]

I wanted to read the comments, but couldn’t find the article at the site. How far down could it be?

[KC_Lion]

Here is the direct link to the story. It appears no one has commented on it on Gun Watch website.

http://gunwatch.blogspot.com/2014/12/northern-mariana-islands-sued-for.html

[Shimmer1]

Thanks. I was looking for this “Not surprisingly, the anti-second amendment comments are full of personal attacks and misinformation. “

[KC_Lion]

OH! I see, sorry, not enough coffee this morning.

Here, THIS is what I think you are looking for.

http://www.mvariety.com/cnmi/cnmi-news/local/72381-former-us-army-ranger-challenges-nmi-gun-law

For me when I reach the end of the article, the two arrow swirled and loaded the Comments, right underneath the article, just try and scroll down and stay there for a few seconds.

[Shimmer1]

I posted that if they don’t like our Constitution to get off the teat. Stupid, stupid leftists.

[KC_Lion]

Yep!

Although if I am not Mistaken The CNMI are the only True Permanent Territorial Acquisition America got from World War Two?

I know about the Bases around the world and the Occupation of Japan and Germany.

But if you look at Soviet Expansion after WWII they got the Baltic States and Even parts of Germany and Poland!

But the only place on the Map that wasn't America before the War and After we planted our Flag and Said, "This Belongs to the U.S.A now" is Saipan, Tinian and Rota, and that Union came 32 years later.

So Much for America being an expansionist power, we got three Islands 30 years after the fact :P

[SunkenCiv]

Thanks marktwain.