Marianas $1000 tax on guns unconstitutional

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Marianas $1000 tax on guns unconstitutional

Postby AlanM » Sat 01 Oct 2016 5:05 pm

US court: $1,000 tax on handguns unconstitutional

THE federal court granted in part and denied in part the motion for summary judgment filed by Paul Murphy, a former U.S. Army Ranger who challenged the constitutionality of some of the provisions of the CNMI Weapons Control Act and the Special Act for Firearms Enforcement or SAFE.

In a 55-page decision issued on Sept. 28, 2016, District Court for the NMI Chief Judge Ramona V. Manglona said the defendants, Department of Public Safety Commissioner Robert A. Guerrero and Finance Secretary Larissa Larson in their official capacities, are permanently enjoined from enforcing the provisions of the Commonwealth Code that have been declared unconstitutional.

Judge Manglona said that when Murphy properly renews his gun license, the CNMI government must return the weapons and ammunition he is entitled to possess consistent with this court decision.

She granted Murphy’s motion and declared unconstitutional 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.

But Judge Manglona also granted the CNMI government’s motion with respect to the license requirement, the restrictions on storing firearms in the home and the ban on large-capacity magazines.
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