Gun laws in the Northern Mariana Islands
Gun laws in the Northern Mariana Islands regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of the Northern Mariana Islands. As the Northern Mariana Islands is a commonwealth of the United States, many U.S. federal laws apply, as well as Constitutional rulings and protections.[1][2]
Contents
Summary table
| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| Permit to purchase? | Yes | Yes | A license is required to purchase long guns or ammunition. Handguns are prohibited for civilian possession despite D.C. v Heller and McDonald v Chicago. The ban on handguns has been ruled unconstitutional.[3] | |
| Firearm registration? | Yes | Yes | All firearms must be registered with the Northern Mariana Islands Public Safety Department. | |
| Assault weapon law? | Yes | Yes | Assault weapons and .50 BMG rifles prohibited. | |
| Magazine capacity restriction? | Yes | Yes | ||
| Carry permits issued? | No | No | The territory does not issue concealed carry permits. | |
| Open carry? | No | No | Open carry is prohibited. | |
| NFA weapons restricted? | Yes | Yes | Automatic firearms are prohibited. | |
| Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Weapons Control Act
Under the Weapons Control Act, all firearms including automatic weapons, semi-automatic assault weapons, and handguns were prohibited from civilian possession. Civilians could only own .410 shotguns and .22 calibre rifles with a license. They also could only own ammunition for those types of firearms with a license; possession of any other type of ammunition, whether the person had a license or not, was illegal.[4]
In the year 2000, House Floor Leader Oscar M. Babauta sponsored a bill that would amend the Weapons Control Act to allow the use of firearms on shooting resorts. Proponents of the bill stated that it would lure investors while detractors of the bill worried it would harm public safety. The House approved the bill on a narrow vote.[5]
Licensing process
This law imposed a restrictive licensing process to purchase a firearm in the Northern Mariana Islands. A person had to be at least 21 to get a weapons license along with several other requirements. A person who wanted to obtain a license to possess a firearm must first apply for a license from the police to purchase a firearm. Following that process they would have to get subsequent police approval for the purchase of firearms and they could only purchase the types of firearms that they listed on their application. In order to purchase any other type of firearms they would have to get permission from the Department of Public Safety. The police must approve any transfer of a firearm between persons.[6] [7]
Radich v. Guerrero
In 2014, David J. Radich, a US Navy Gulf War veteran, and his wife Li-Rong Radich sued James C. Deleon Guerrero, then the commissioner of the Department of Public Safety (DPS), for violating their right to keep and bear arms from the Second Amendment to the United States Constitution.[8] The judge Ramona V. Manglona ruled the case in favor of the Radiches on March 28, 2016 and decreed that the NMI ban on handguns and ammunition were unconstitutional.[9] The ruling also overturned the ban on importation of handguns and handgun ammunition, the implicit ban on receiving a weapons identification card for self-defense purposes, and the ban on lawful permanent residents obtaining a weapons identification card.[3] In early April, Governor Ralph Torres approved gun-control legislation which imposed a $1,000 excise tax on handguns and established certain gun-free zones on the islands.[10]
References
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