Federal District Court Strikes Down $1000 Pistol Tax, Registration, Carry Ban, Assault Weapon Ban, Caliber limits
Paul Murphy, a U.S. Army veteran, and resident of the Commonwealth of the Northern Mariana Islands (CNMI) was denied his right to keep and bear arms in the CNMI since he arrived in 2007. He followed every administrative remedy that he could. He was denied at every turn. He attempted to hire an attorney. No attorney would take his case. He filed suit in the federal district court, pro se (as his own counsel). He (mostly) prevailed. The Northern Mariana Islands District Court, in Murphy v. CNMI Government ruled for Paul Murphy, in summary judgment. From justia.com:
The Court will grant Murphy’s motion with respect to the firearm registration requirement, the ban on rifles in calibers larger than .223, the ban on assault weapons, the ban on transporting operable firearms, and the $1,000 excise tax. The Court will grant the Commonwealth’s motion with respect to the license requirement, the restrictions on storing firearms in the home, and the ban on LCMs.
A little explanation is necessary. The infringements on the Second Amendment that were upheld are these:
1. A requirement that firearms be unloaded and locked up in the home, unless carried on the person.
2. A requirement that a person obtain a license to own firearms, as long as the requirements to obtain the license are de minimus, similar to the requirements to obtain a license to own a car.
3. A ban on the ownership of Large Capacity Magazines (LCMs), defined as having a capacity of more than 10 rounds.
It is unknown whether the CNMI government will appeal this decision.
It is noteworthy that the Court struck down as obviously unconstitutional the requirement for firearms registration, limits on the caliber of firearms, the ban on carrying loaded firearms, the ban on “assault weapons”, and the $1,000 import tax on handguns.
While I believe the Court erred in upholding the ban on large capacity magazines (it found they were unnecessary for self defense, and that there was no Second Amendment right for militia purposes). I also believe the Court erred in upholding the requirement that firearms not on the person be locked up in the home. There the Court followed Ninth Circuit precedence in the Jackson case.
Overall, the Court showed considerable intellect and honesty in dealing with the issues that it had before it. I applaud Chief Judge Ramona Manglona for her courage in applying principle over convenience. The CNMI is a small community. The legal community there is tiny. The entire CNMI government has been extremely hostile to the application of the Second Amendment to their jurisdiction.
Not surprisingly, members of the government are essentially exempted from the infringements on the Second Amendment in their law.
Chief Judge Manglona showed courage in the face of intense pressure from the ruling class and local elites, perhaps even a majority of the local population. I salute her.
©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch
Source: http://gunwatch.blogspot.com/2016/10/federal-district-court-strikes-down.html
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).