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CNMI Senate Passes one of the Most Restrictive Gun Laws in the U.S.
Gun Watch ^ | 8 April, 2016 | Dean Weingarten

Posted on 04/10/2016 7:48:21 AM PDT by marktwain



The United State District Court for the Northern Mariana Islands recently ruled that existing gun laws, written by a peace corps volunteer in the 1970's, are unconstitutional, and violate the Second Amendment, in several provisions.

The House and Senate of the Commonwealth of the Northern Mariana Islands reacted to the Court ruling by passing an extremely restrictive bill, S. B. No. 19-94(pdf), entitled "To regulate the possession of firearms in the Commonwealth.", in a special session on 5 April, 2016.  The bill passed the Senate unanimously.  The short title is the SAFE Act (Special Act for Firearms Enforcement), perhaps in reference to the infamous New York law of the same name. It has not yet been signed by the Governor.

I read the bill. It seems that the authors looked at the most restrictive possible language from appellate courts in the circuits most antagonistic to Second Amendment rights.  Then they combined provisions of those laws, to make it as difficult as possible to possess or use for defensive purposes, any firearms in the CNMI.

The authors specifically cite the Cities of Highland Park (a suburb of Chicago), the District of Columbia, and San Francisco as models for the SAFE Act. 

I found some parts of the bill to be astounding.  There are the exemptions from the bill for "Any judge, justice, judge pro tern, justice pro tern, administrative hearing officer, or administrative law judge", all police officers, all correction officers, parole officers, customs officers, and anyone else designated as a law enforcement officer.

The bill gives several officers the ability to grant immunity from the provisions of the bill to whomever they please, by designating them as "law enforcement", "Investigator", or deputy. The Public Auditor, the Attorney General, and the Commissioner of Public Safety all have this power to some degree.

If you wish to be able to carry any weapon anywhere you like in the CNMI, be close friends with one of the above individuals; they will be able to find a way to make you exempt from the law.

If you do not have political connections, the carry of firearms on land in the Islands will be extremely limited under this law.  Some exemptions exist for private property owners, but private property may only be owned by people who are in the direct line of descent of people who were born on the Islands before 1950.  This eliminates the private ownership of real property for over 50% of the population.

Another weird part of the new law is the continued ban on any but .22 rimfire or .223 caliber centerfire rifles, and any but .410 shotguns. There are many other calibers and gauges in "common use" in the United States. I doubt that such a ban would stand up in court, though it is not clear when or if anyone will challenge that provision of the law.  I do not know of any other polity that has such a sweeping ban on common calibers and gauges.

Similarly, the proliferation of bizarre "gun free zones" out to 500 feet from day care centers, or places of worship, and casinos, seems intended to make transport of firearms legally dangerous rather than to increase anyone's safety.

The paranoia of the legislators is noted in their designating as "gun free" areas that extend 500 feet around any building owned by the Legislature, Attorney General, or Court.

The bill would  impose a $1,000 "temporary tax" on the importation of any pistol into the CNMI within one year of the statute being passed.


The bill, as with most bills, seems to be cobbled together from the text of other polities statutes.

How much may be challenged in court remains unknown; but the lack of any provision to carry a firearm (or any weapon!) outside of the home for the purpose of self defense seems to be a significant vulnerability.

 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; History; Politics; Society
KEYWORDS: banglist; cnmi; mariana; secondamendment
The population of the CNMI is less than 54,000. That is not a large base to find people willing to file lawsuits against the ruling local elite.
1 posted on 04/10/2016 7:48:21 AM PDT by marktwain
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To: marktwain

Will not seem restrictive at all after what hillary, her dem congress and SCOTUS will do in the next few years.


2 posted on 04/10/2016 7:54:31 AM PDT by GregoTX
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To: marktwain

Hey, but they voted for Trump


3 posted on 04/10/2016 8:00:00 AM PDT by mylife (The roar of the masses could be farts)
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To: marktwain

The Japs left a bad taste in their mouth. All the Micronesians are crazy anti gun unless you are part of the protected class.

Your Haole privilege dont get you much on the islands. Its very third world.


4 posted on 04/10/2016 8:48:15 AM PDT by Delta 21 (Patiently waiting for the jack booted kick at my door.)
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To: mylife

They voted for the only candidate that carries a pistol.


5 posted on 04/10/2016 8:49:15 AM PDT by nixonsnose (you never know how much pee splatters until you are standing at the urinal in flip flops.)
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To: nixonsnose

You sure about that?
Not everyone shows their cards.


6 posted on 04/10/2016 8:53:05 AM PDT by mylife (The roar of the masses could be farts)
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To: Delta 21

I am sure that the Japanese imposed very strict gun control in the Islands.


7 posted on 04/10/2016 9:01:42 AM PDT by marktwain
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To: Delta 21

Guam is fairly conservative; they recently passed a shall issue carry law.


8 posted on 04/10/2016 9:02:44 AM PDT by marktwain
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To: mylife

Cruz probably does. I seriously doubt the rest (from the original group).


9 posted on 04/10/2016 9:13:45 AM PDT by nixonsnose (you never know how much pee splatters until you are standing at the urinal in flip flops.)
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To: mylife

Cruz probably does. I seriously doubt the rest (from the original group).


10 posted on 04/10/2016 9:13:57 AM PDT by nixonsnose (you never know how much pee splatters until you are standing at the urinal in flip flops.)
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To: marktwain

Oh good now the natives have equal footing with the invaders


11 posted on 04/10/2016 10:18:07 AM PDT by ronnie raygun
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To: ronnie raygun

They did not have equal footing for 300 years. They have had fairly equal footing for the last 38 years, since they signed the Covenant.

In 1945, there were only about 3,100 natives left on the Islands. The Spanish had ruled from about 1665 to 1899, The Germans, 1899 to 1914, the Japanese 1914 to 1944, the U.S. from 1944 to 1978 (as a trust territory from 47-78, the U.S. under commonwealth status from 1978 to present.

The Spanish seen to have been the worst; the Japanese considerably better, the Spanish decent, the Americans the best, in terms of the locals.


12 posted on 04/10/2016 10:26:21 AM PDT by marktwain
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To: marktwain

That should be “the Germans decent”, not “the Spanish decent”


13 posted on 04/10/2016 10:28:08 AM PDT by marktwain
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To: marktwain

Now I know where the Charlotte City Council members plan to go next on a “Fact Finding Junket”.


14 posted on 04/10/2016 10:54:23 AM PDT by BwanaNdege
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To: marktwain

It is recommended they take a midnight stroll out to Marpi Point and walking toward the sound of the waves. It will clear their heads.


15 posted on 04/10/2016 2:17:14 PM PDT by School of Rational Thought
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