Update firearms laws in the CNMI
The Department of Public Safety is asking the Legislature to address the need for updated firearm laws in the Commonwealth.
A lawsuit challenging the Weapons Control Act is currently pending before the United States District Court for the Commonwealth of the Northern Mariana Islands. The lawsuit challenges the constitutionality of several key provisions of the Commonwealth Weapons Control act.
The first provision challenged in the lawsuit is Section 2222(e) of the Weapons Control Act. Section 2222(e) prohibits the importation, sale, transfer, purchase, or possession of handguns in the Commonwealth and it prohibits the possession of certain rifles and shotguns. If Section 2222(e) is held unconstitutional by the court, then handguns will be legal and largely unregulated in the Commonwealth. Further, a wide range of rifles and shotguns will also become legal in the Commonwealth.
The second provision challenged in the lawsuit is Section 2206 of the Weapons Control Act. Section 2206 requires a person to possess a valid identification card if the person wishes to carry a firearm. Significantly, section 2206 prohibits a person from carrying a firearm unless:
The firearm is unloaded and kept in a closed container; or
Locked in the trunk of a vehicle while being transported to or from a target range, a hunting area, or a sport involving firearms; or
The person is actively engaged in hunting or sports involving the use of firearms.
If the court holds that Section 2206 is unconstitutional, then it will be legal for any licensed person to carry a firearm openly in the Commonwealth.
In early September the department’s legal counsel, James M. Zarones, was asked to draft a comprehensive firearms bill. The bill was recently completed and forwarded to the Legislature for its review and consideration. The bill provides for taxation of certain firearms; thorough background checks; registration and tracking of all firearms; an assault weapons ban; firearm vendor licensing; the transition of the current law to the new law; gun-free zones; and rules for carrying a firearm.
The Legislature must act on this issue without hesitation. If the law is not updated swiftly, then the Commonwealth may be flooded with unregulated weapons; the damage to the peace and safety of the Commonwealth will be felt for years.
Further, if new laws are not enacted, then police officers, employers, and owners of private property will be unable to stop others from openly carrying firearms wherever and whenever they please.
For these reasons, the Department of Public Safety hopes that the Legislature will consider the proposed firearms bill, hold public hearings, and adopt new laws as quickly as possible. Any delay in the passage of new laws could have terrible consequences for the people of the Commonwealth.
James C. Deleon Guerrero
Commissioner, Department of Public Safety
Sue this commissioner. Anyone who tries to violate the 2nd Amendment in the United States Constitution should be tried in federal court.
He’s already being sued which is why they’re having to pass this law..
Don’t be a victim of your own words Floyd. This is not the wild west as they say. Gun toting citizens. I agree that we must not violate our constitution that’s a no brainer. We don’t need our citizens carrying weapons in the community. Having that weapon in your possession could lead you down the wrong path.
We already have “Gun toting citizens”. They are called criminals. What gun control laws do is prohibit the law abiding ones from carrying. You say it’s a no brainer to not violate our constitution but at the same time say we don’t need our citizens from carrying weapons? Make up your mind.
99.9% of criminals here are not brandishing guns. .22 rifles don’t make for good robbery weapons, and pistols are nearly impossible to get.
And 99.9% percent of law abiding citizens won’t get a pistol if it becomes legal. I really don’t care if 99.9% of criminals don’t brandish a gun…I have a right to protect myself against the 1.1% you say do.
Thumbs up at Mr. Hunter. As for just saying, run your stats for CNMI and you will see Mr. Hunter is correct. Our Police force already have enough hard job. Lets not add more to their plate.
Yeah I’m not really sure what stats you would like me to run but here are some “stats” you might have heard, criminals often caught with pistols or carrying ammunition that have ranged from 9mm .38 .45 and 12g shotgun shells…all are ALREADY illegal….the only ones with access to these rounds? Yes Sir, our Police force.
Well then, maybe another venue must be considered to shake down these folks. But not by allowing for possession of guns in the community.
There’s many ways to do that without violating our rights Tinala’…like prohibit the sale and manufacturing of pistols on our island (we can have them doesn’t mean they have to provide them)…since most of the community are privately owned they have the right not to allow firearms in their restaurants, stores, etc…give REALLY big fines or jail time for losing a pistol due to negligence and not properly securing them…extensive background checks…a lot more regulations.
We live on an island where comsumption of alcohol is at an all time high. Just passed a Casino deal, our hospital is in disarray and so on. Do we really need now to arm the drunk and disorderly? Think about it.
So you are going to lump everyone into one basket and state that no one gets firearms because too many people drink? Why not just ban booze? You are a fool if you think that banning firearms will eliminate the possession of them. Are you going to ban tools as well? You can’t ban firearms anymore than you can ban meth, how has that worked out for the island?
Real question here is what is the outcome you want. I have no qualms with folks out enjoying their day having a booze and being responsible. But given the current situation of domestic violence, family violence etc in our piece of paradise with alcohol being a catalyst, it is not the best action to take now. As far as possession, laws should be enforced with teeth to deal with those that posses illegal guns, ammo’s etc. More to the point, our community is not perfect but its still better than that of allowing legal possessions of handguns in the community.
Don’t believe the liberal hype. Communities with open carry laws are safer communities. Nation wide statistics prove this. Armed law abiding citizens are safe citizens.
I favor the upholding of the 2nd amendment. However, gun laws are a tricky business with lots of unintended consequences.
We live in this island society where it is not unusual to read about a brother stabbing a brother at a picnic table drinking spree or a father hitting his son with a machete over some baseless issue.
It’s difficult to predict whether or not the availability of handguns will cause handguns to replace machetes, or whether a perceived slight will result in a shooting instead of an angry look. To suddenly dump firearms into a community unaccustomed to the responsibilities that are associated could be a recipe for much grief. Family feuds in the Hatfield-McCoy vein could be one consequence, an eye for an eye, etc.
Seems to me that there are several steps that must be taken, starting with background checks. Enhanced penalties for any crime committed with a firearm should be implemented also. There are too many points to consider in this comment box.
While I am thinking about this, and speaking as a former law enforcement person, the CNMI should immediately ban the use of darkly tinted automobile windows, especially in anticipation of handguns in the community.
The 2nd amendment was written to apply after the split from British rule back then. Unfortunately, it continues to be misread and misinterpreted.
What do you need a Gloc or a Smith and Wesson for? The Taotaomona?
How do you think you’ll fair if the islands were invaded again, say by someone even less accommodating than the Japanese were during WWII? Still think that giving up firearms is a good idea? Perhaps you think that it couldn’t happen? Go ahead, ignore history and suffer the consequences of being the unarmed sheep invited over to diner with two wolves. If you want to live without firearms, that’s your right. I’ll keep mine, thank you very much, because I would much rather be the person who has a firearm he doesn’t need, than the person who needs a firearm and does not have one.
Navy Patriot, if we gonna get invaded; we get invaded. We don’t have a standing Army to even deter North Korea if they came knocking on our door. What do you think a pistol or rifle will do? Not a dang thing. Let me ask you this; can you guarantee a person’s sanity? Can you guarantee your own? Didn’t think so.
Tinala’ Tinala’ Tinala’…wow…I hope no one depends on you for anything, presently I mean…I hope you are just trolling on the internet and not really that type of person.
One of the main purposes of the 2nd Amendment was so we could defend ourselves against tyranny by any government, including ours. Oh and Smith and Wesson also manufactures rifles…don’t believe everything you see in the movies.
What you gonna defend JustSaying? Defend yourself from Fitial taking out that one masseuse? Are you part of a militia? Give it a break bruddah. The islands has a drinking problem (which leads to other issues) that most don’t want to admit, PSS don’t have the money to start purchasing metal detectors at schools, our police force while doing a great job are underpaid for defending “us”, ICE issues and many more.
Myself and loved ones against tyranny nei Tinala’…although very unlikely, still a minimal possibility. There are militias here? Fitial’s time as the world’s most messed up governor is over let’s move forward, but I wish him the best health-wise. I really can’t say if there is a drinking problem, since it’s a privilege and not a right they should, as Navy mentioned, ban it if it really does more harm. Most of our police officers are doing a great job, sadly the bad apples get more attention…and I really don’t know what picnic table discussion you sat in but the police will only protect you if and when they can, so since it’s not a must for them, either way they’ll still get paid, bruddah…
Where I live we have what the left would call lax gunlaws! We don’t have folk’s running around shooting others all the time either. I know that’s what the left wants to claim gun ownership leads to but it just ain’t so. This reminds me. Payday I need to buy my hunting/fishing permit. What kind of hunting is on Y’All’s Islands and what kind of hunting laws are they?
It’s too bad we’re at a point where we’re having to deal with this absolute nonsense. Life here without a saturation of firearms has been by all accounts a very safe place. Where there is violence, the bar fight has been a fist fight – not a gun fight, the home robbery has been a generally non-violent act – not a home invasion with an armed robber or murder, and violence in the home hasn’t had firearms thrown into the mix. This is crazy on all fronts and it is too bad we have thoughtless newcomers pushing these changes to what are wise gun laws.
Come on, Robert. Our Constitutional right to keep and bear arms shouldn’t be nonsense, to any American. Not everyone can defend themselves in a fist fight. Speaking of bars, the last two incidents, that I can remember, involving firearms at bars involved people who we trust to enforce our laws, sadly. Most regulations will ban the possession of firearms when and where there is alcohol anyways. And I’ve never heard of any non-violent home robbery…physical harm done or not, invading someone’s sanctuary is extremely violent. Our Government can create all the gun laws in the world thinking it will stop criminals but criminals will continue to do what they do best, break laws.
It’s nonsense…. just saying
I bet you win all kinds of debates/arguments…
Nonsense for sheeple like you.
If you are holding a US passport, whether you are a newcomer or not, It is a constitutional right of every law abiding citizens to arm themselves. Anybody who trade liberty with security will neither get both.
Yes that’s true, which makes the 308 hunting riffle that I saw in back of a young mans car illegal at Triple Star Recycling. Only the bad guys can have guns, not the responsible law abiding civilians.
All,
There is a narrative that the lawsuit was to force on the Commonwealth unregulated handguns. This is completely untrue.
The lawsuit challenged:
The handgun prohibition;
The prohibition on issuing of Weapons ID Cards for the purpose of self defense, and
The prohibition on all carrying of guns, which included on it’s face even in the home.
It’s basically an exact carbon copy of the District of Columbia v. Heller decision.
The lawsuit did not challenge:
The requirement for a Weapons ID Card to possess and transfer handguns
The requirement for training before the issuance of a WIC.
The requirement that a background check be done before the issuance of a WIC card.
The $50 fee.
There is no need for this Legislation, at all. It’s 100 pages of law that is a solution in search of a problem. A much better bill can be written in less than 10 pages, but the pure purpose of the 100 pages of law is to continue, under the guise of continuing the handgun ban as under the guise of $1000 excise taxes on importation of guns, unlimited fees to be charged by DPS, and so on.
Again, it is a lie that the lawsuit’s target was the entire regulatory scheme that exists in the CNMI. After this lawsuit succeeds, there will be plenty of regulations that still will exist post-lawsuit.
http://www.atf.gov/files/publications/download/p/atf-p-5300-5-31st-editiion/States/atf-p-5300-5-northern-mariana-islands-2010.pdf
Nail on the head. We’ll said Sir…thank you. It’s pretty common for those who are misinformed to automatically assume that anyone in support of the 2nd is a gun nut.
No. We “misinformed” folks know that not all folks whom support 2nd amendment are nuts. But we do know gun owners could potentially become a nut. And thats all it would take to lay down a few in split seconds.
Tinala’…a doctor with machete can become a nut…a construction worker with a nail gun can become a nut…hell a headstart teacher with a stapler can become a nut…you get my point. But honestly tho, a gun nut is a used term, they are the “i don’t want regulations regulating my firearms and what kind of firearms’ kind of people…that’s too much.
And who are you to judge or control what a person should own or should not own in order to protect himself/ herself? If you don’t like the 2nd amendment, pack up and move to China.
Give us Grant money, WIC, Food Stamps, Medicare, Medicaid, millions for PSS, millions for CHC, millions for CUC, millions for construction projects, and never mind the rest of the Freedoms. We want an ala carte. Oh wait, we do want the freedom of religion. Maybe the USA could come up with an abridge version of The Declaration of Independence and The Bill of Rights………NOT. Take freedom and all the beauty that comes with it. The people here who get in trouble with firearms are law enforcement officers, correction officers and criminals. When and if law enforcement do show up the crime has been committed.And now you are going to convince the people how hard they look to solve the case when we can’t even get a “blue card” handled in a timely matter. Oh sure, we’ll just ask the meth’d out robber to sit and wait for the law to show up. Look at history, the first thing Hitler, Stalin, Mao and Mussolini did was take the people’s guns. A person without the ability to defend his family is easy pickings. A thief will think twice before going into a house or attempt to rob a person who he suspects of carrying a sidearm. Let Freedom Ring
This is not China, Russia etc.. Again, another person complaining of Taotaomona. All in the guise so they can have their play thing; their toy to make themselves feel better. Abuser, You don’t need a gun to feel free. How many crimes in the CNMI relate to gun toting robber and so forth? That would become reality when CNMI starts allowing guns. Lord forbid robbers take your own gun and shoot yourself with it.
All I see is folks who see an opportunity to make money or folks whom are trying to justify access to pistols; but not to protect “freedom”.
Criminals will always commit crime regardless of what weapon will be used. Unfortunately, it is always the law abiding citizens who are victims because they don’t have means to protect themselves. The 2nd amendment was created to address the issue. If this island is flying a US flag and its citizens are conferred with US passports, then, legislature must follow the US Constitution particularly the 2nd amendment. If your idiot lawmakers complain about it, let this island be taken by China or Japan for good.
“The 2nd amendment was created to address the issue.” Hahaha! Retake your US history class and throw in some government class as well.
Just recently seen these Island names online. Was looking up your gun laws and this came up. Unless its changed sense this article your gun laws are way to restrictive for my taste. I figure if I want a firearm I should be able to get one. Unless the government can prove someone is a danger to the community type violent they should not be able to stop an adult from owning a firearm. Provideing of course they don’t do real stupid stuff with it. But that’s very rare from normal citizens.