It has been reported that the Commonwealth will not be filing an appeal.  Instead, it will be enacting a new law which might entail a new lawsuit.  If a new lawsuit is filed then it will be decided by the same district court judge who decided this case because there is only one judge assigned to the Commonwealth.

NO APPEAL WAS FILED – THE DECISION STANDS

Murphy v. CNMI Government

On September 28, 2016, a Federal district court judge struck down the handgun Open Carry ban in the Commonwealth of Northern Mariana Islands as the result of a lawsuit brought by someone who is not an attorney.

Here is an article on the partial win.

Here is an article I wrote.

“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.”

86 – Fourth Amended Complaint Note: Although this operative complaint is labeled Fourth Amended Complaint it appears to be the sixth complaint filed.

108 – Order on Motion for Summary Judgment

Update by Charles Nichols, President of California Right To Carry, January 23, 2017 – The deadline for the CNMI to file an appeal has come and gone.  It is now too late to file an appeal.  The decision stands.

Update by Charles Nichols, President of California Right To Carry, December 12, 2016 – Two and a half months after getting his injunction, the Clerk of the Court formally entered judgment in the case and awarded costs to Mr. Murphy.  These are nominal costs (e.g., filing fee and some printing costs) because Mr. Murphy is not an attorney and even though he won, he gets nothing for his time and effort.

Doc. No.	Dates	Description
114	Filed & Entered:   12/05/2016	Clerk’s Judgment

Update by Charles Nichols, President of California Right To Carry, November 30, 2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – November 4, 2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry, October 25, 2016 – The CNMI objected to Murphy’s claim for costs – Murphy v. CNMI Government – Objection to Costs of Suit

History

Doc. No.	Dates	Description
114	Filed & Entered:   12/05/2016	Clerk’s Judgment
113	Filed & Entered:   10/25/2016	Response
112	Filed & Entered:   10/18/2016	Bill of Costs
110	Filed & Entered:   10/05/2016 Terminated: 10/05/2016	Stipulation
111	Filed & Entered:   10/05/2016	Order on Stipulation
109	Filed & Entered:   09/28/2016	Order on Motion for Summary Judgment
	Filed: 07/28/2016 Entered: 08/01/2016	Motions Taken Under Advisement
108	Filed: 07/28/2016 Entered: 08/01/2016	Motion Hearing
106	Filed & Entered:   07/21/2016 Terminated: 09/28/2016	Motion for Miscellaneous Relief
107	Filed & Entered:   07/21/2016	Memorandum
105	Filed & Entered:   07/20/2016	Reply to Response to Motion
102	Filed & Entered:   07/14/2016 Terminated: 09/28/2016	Motion for Miscellaneous Relief
103	Filed & Entered:   07/14/2016	Memorandum
104	Filed & Entered:   07/14/2016	Opposition to Motion
101	Filed & Entered:   07/12/2016	Errata
100	Filed & Entered:   07/01/2016	Transcript
96	Filed & Entered:   06/30/2016 Terminated: 09/28/2016	Motion for Summary Judgment
97	Filed & Entered:   06/30/2016	Memorandum
98	Filed & Entered:   06/30/2016 Terminated: 09/28/2016	Motion for Summary Judgment
99	Filed: 06/30/2016 Entered: 07/01/2016	Order on Stipulation
95	Filed & Entered:   06/29/2016 Terminated: 06/30/2016	Stipulation
94	Filed: 06/22/2016 Entered: 06/26/2016	Evidentiary Hearing
92	Filed & Entered:   06/17/2016 Terminated: 06/17/2016	Stipulation
93	Filed & Entered:   06/17/2016	Order on Stipulation
91	Filed & Entered:   06/09/2016	Order
90	Filed: 06/08/2016 Entered: 06/09/2016	Status Conference
	Filed & Entered:   06/07/2016	Set/Reset Hearings
88	Filed & Entered:   05/27/2016	Answer to Amended Complaint
89	Filed & Entered:   05/27/2016	Answer to Amended Complaint
86	Filed: 04/29/2016 Entered: 05/02/2016	Amended Complaint
87	Filed: 04/29/2016 Entered: 05/02/2016	Memorandum
84	Filed & Entered:   04/20/2016	Notice (Other)
85	Filed: 04/20/2016 Entered: 04/27/2016	Status Conference
83	Filed & Entered:   04/19/2016	Notice (Other)
	Filed & Entered:   04/18/2016	Set/Reset Hearings
	Filed: 04/18/2016 Entered: 04/22/2016	Order on Motion for Miscellaneous Relief
	Filed: 04/18/2016 Entered: 04/22/2016	Order on Motion for Miscellaneous Relief
82	Filed & Entered:   04/18/2016	Order on Motion for Summary Judgment
81	Filed & Entered:   04/11/2016	Notice (Other)
	Filed & Entered:   01/22/2016	Motions Taken Under Advisement
	Filed & Entered:   01/22/2016	Order on Motion for Leave to File
	Filed & Entered:   01/22/2016	Order on Motion for Leave to File
	Filed & Entered:   01/22/2016	Order on Motion for Summary Judgment
	Filed & Entered:   01/22/2016	Order on Motion to Withdraw
	Filed & Entered:   01/22/2016	Order on Motion to Strike
80	Filed & Entered:   01/22/2016	Motion Hearing
79	Filed & Entered:   01/19/2016 Terminated: 01/22/2016	Motion to Strike
76	Filed & Entered:   01/14/2016	Response in Opposition to Motion
77	Filed & Entered:   01/14/2016 Terminated: 04/18/2016	Motion for Miscellaneous Relief
78	Filed & Entered:   01/14/2016	Memorandum
73	Filed & Entered:   01/07/2016 Terminated: 04/18/2016	Motion for Miscellaneous Relief
74	Filed & Entered:   01/07/2016	Memorandum
75	Filed & Entered:   01/07/2016	Opposition to Motion
71	Filed & Entered:   12/23/2015 Terminated: 04/18/2016	Motion for Summary Judgment
72	Filed & Entered:   12/23/2015	Declaration
67	Filed & Entered:   12/22/2015 Terminated: 04/18/2016	Motion for Summary Judgment
68	Filed & Entered:   12/22/2015	Memorandum in Support of Motion
69	Filed & Entered:   12/22/2015	Statement
70	Filed & Entered:   12/22/2015	Statement
66	Filed & Entered:   12/04/2015	Order
65	Filed & Entered:   12/03/2015	Scheduling Conference
	Filed & Entered:   12/01/2015	Set/Reset Hearings
64	Filed & Entered:   12/01/2015	Order on Stipulation
63	Filed & Entered:   11/30/2015 Terminated: 12/01/2015	Stipulation
	Filed & Entered:   11/25/2015	Set/Reset Hearings
62	Filed & Entered:   11/25/2015	Order on Stipulation
61	Filed & Entered:   11/23/2015 Terminated: 01/22/2016	Motion to Withdraw
60	Filed & Entered:   11/20/2015	Notice (Other)
56	Filed & Entered:   11/18/2015 Terminated: 01/22/2016	Motion for Summary Judgment
57	Filed & Entered:   11/18/2015	Memorandum in Support of Motion
58	Filed & Entered:   11/18/2015	Statement
59	Filed & Entered:   11/18/2015	Exhibit
55	Filed & Entered:   11/17/2015 Terminated: 11/25/2015	Stipulation
54	Filed & Entered:   11/02/2015 Terminated: 01/22/2016	Motion for Leave to File
	Filed & Entered:   10/27/2015	Set/Reset Hearings
52	Filed & Entered:   10/13/2015	Response
53	Filed & Entered:   10/13/2015	Response
49	Filed & Entered:   10/05/2015	Answer to Amended Complaint
50	Filed & Entered:   10/05/2015	Answer to Amended Complaint
51	Filed & Entered:   10/05/2015	Response
44	Filed & Entered:   09/14/2015	Amended Complaint
45	Filed & Entered:   09/14/2015	Memorandum
46	Filed & Entered:   09/14/2015	Statement
47	Filed & Entered:   09/14/2015	Exhibit
48	Filed & Entered:   09/14/2015 Terminated: 01/22/2016	Motion for Leave to File
	Filed & Entered:   09/10/2015	Order on Motion to Dismiss
	Filed & Entered:   09/10/2015	Order on Motion for Summary Judgment
	Filed & Entered:   09/10/2015	Order on Motion to Dismiss
	Filed & Entered:   09/10/2015	Order on Motion to Withdraw
	Filed & Entered:   09/10/2015	Order on Motion for Leave to File
	Filed & Entered:   09/10/2015	Order on Motion to Withdraw
43	Filed & Entered:   09/10/2015	Motion Hearing
42	Filed & Entered:   09/01/2015 Terminated: 09/10/2015	Motion to Withdraw
41	Filed & Entered:   08/31/2015	Opposition to Motion
40	Filed & Entered:   08/28/2015	Notice of Appearance
39	Filed & Entered:   08/27/2015 Terminated: 09/10/2015	Motion for Leave to File
37	Filed & Entered:   08/26/2015 Terminated: 09/10/2015	Motion to Dismiss
38	Filed & Entered:   08/26/2015 Terminated: 09/10/2015	Motion to Withdraw
	Filed: 08/19/2015 Entered: 08/20/2015	Summons Issued
	Filed: 08/19/2015 Entered: 08/20/2015	Summons Issued
	Filed: 08/19/2015 Entered: 08/20/2015	Summons Issued
32	Filed: 08/19/2015 Entered: 08/20/2015 Terminated: 09/10/2015	Motion for Summary Judgment
33	Filed: 08/19/2015 Entered: 08/20/2015	Memorandum
34	Filed: 08/19/2015 Entered: 08/20/2015	Summons Returned Executed
35	Filed: 08/19/2015 Entered: 08/20/2015	Summons Returned Executed
36	Filed: 08/19/2015 Entered: 08/20/2015	Summons Returned Executed
26	Filed & Entered:   07/29/2015	Complaint
27	Filed & Entered:   07/29/2015	Statement
28	Filed & Entered:   07/29/2015	Exhibit
29	Filed & Entered:   07/29/2015	Proof of Service
30	Filed & Entered:   07/29/2015	Proof of Service
31	Filed & Entered:   07/29/2015	Proof of Service
23	Filed: 07/27/2015 Entered: 07/29/2015	Proof of Service
24	Filed: 07/27/2015 Entered: 07/29/2015	Proof of Service
25	Filed: 07/27/2015 Entered: 07/29/2015	Proof of Service
	Filed & Entered:   07/24/2015	Summons Issued
	Filed & Entered:   07/24/2015	Summons Issued
	Filed & Entered:   07/24/2015	Summons Issued
21	Filed & Entered:   07/24/2015	Response to Motion
22	Filed & Entered:   07/24/2015	Exhibit
20	Filed: 07/23/2015 Entered: 07/24/2015	Motion Hearing
	Filed: 06/19/2015 Entered: 06/22/2015	Set/Reset Hearings
19	Filed & Entered:   06/19/2015 Terminated: 09/10/2015	Motion to Dismiss
18	Filed & Entered:   06/04/2015	Order on Motion to Dismiss
	Filed & Entered:   04/17/2015	Summons Issued
	Filed & Entered:   04/17/2015	Summons Issued
16	Filed & Entered:   04/17/2015	Summons Returned Executed
17	Filed & Entered:   04/17/2015	Summons Returned Executed
15	Filed & Entered:   04/16/2015 Terminated: 06/04/2015	Motion to Dismiss
13	Filed & Entered:   04/08/2015	Summons Returned Executed
14	Filed & Entered:   04/08/2015	Summons Returned Executed
	Filed & Entered:   04/07/2015	Summons Issued
	Filed & Entered:   04/07/2015	Summons Issued
12	Filed & Entered:   04/07/2015	Amended Complaint
11	Filed & Entered:   04/06/2015	Order on Motion to Dismiss/Lack of Jurisdiction
	Filed & Entered:   03/27/2015	Set/Reset Hearings
	Filed & Entered:   03/26/2015	Set/Reset Hearings
10	Filed & Entered:   03/26/2015 Terminated: 04/06/2015	Motion to Dismiss/Lack of Jurisdiction
9	Filed & Entered:   03/05/2015	Order on Motion to Dismiss
8	Filed & Entered:   03/04/2015	Amended Complaint
7	Filed & Entered:   03/03/2015	Order
	Filed & Entered:   01/20/2015	Set/Reset Hearings
5	Filed & Entered:   01/20/2015	Notice (Other)
6	Filed & Entered:   01/20/2015 Terminated: 03/05/2015	Motion to Dismiss
	Filed & Entered:   12/29/2014	Summons Issued
	Filed & Entered:   12/29/2014	Summons Issued
3	Filed & Entered:   12/29/2014	Summons Returned Executed
4	Filed & Entered:   12/29/2014	Summons Returned Executed
	Filed: 12/24/2014 Entered: 12/29/2014	Summons Issued
	Filed: 12/24/2014 Entered: 12/29/2014	Summons Issued
1	Filed & Entered:   12/24/2014	Complaint
2	Filed: 12/24/2014 Entered: 12/29/2014	Summons Returned Executed