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State Gun Laws
Basic Info and Definitions
What is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- State gun laws are specific to each state or territory.
The major differences between the two types of laws are:
- who makes the law;
- who prosecutes someone who breaks the law; and
- what the punishment is for breaking the law.
It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss the CNMI’s gun laws. You can also read our Federal Gun Laws pages to see if any federal laws also apply to your situation.
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law was broken or if it’s a CNMI law or a federal law. However, you should know that the local police can only arrest someone for breaking a CNMI law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both CNMI and federal courts.
| If the local police believe the abuser broke a… | Then they can… |
|---|---|
| state gun law | arrest the abuser and hand the case over to the local prosecutor. |
| federal gun law | tell the ATF or the federal prosecutor in your territory. The federal prosecutor is called the U.S. Attorney. |
If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to Who do I notify if I think the abuser should not have a gun?
What is the definition of a felony in the CNMI?
CNMI law defines a felony as any crime that can be punished by imprisonment for more than one year.1
1 6 CMC § 102(i)
I am a victim of domestic violence and the abuser has a gun. Is that illegal in the CNMI?
In the CNMI, anyone who wants a gun must get a Firearm Owner’s Identification Card (FOID) first. There are a few exceptions to this requirement, such as if a person is working in law enforcement or a member of the military.1 You can read the full list of exceptions on our Selected CNMI Statutes page.
In order to qualify for the FOID, a person must:
- complete safety training;
- pass a written safety test; and
- pass a background check.2
The FOID can be denied or taken away (revoked) for lots of reasons.3 Some of the reasons include:
- being subject to an order of protection;
- intentionally lying on the FOID application;
- currently facing charges for, or having been convicted of, any felony;
- currently facing charges for, or having been convicted of, certain crimes involving guns, stalking, domestic violence, or other acts of violence;
- being convicted of certain drug offenses or driving under the influence within the last ten years;
- being addicted to a controlled substance;
- being a patient in a mental health facility within the last five years;
- having a mental condition that poses a danger to the applicant or to others;
- being less than 21 years of age; or
- being unlawfully present in the United States.3
You can read the full list of reasons for denial or revocation on our Selected CNMI Statutes page.
If you get a domestic violence order of protection against the abuser, the court will notify the Department of Public Safety (DPS) within 24 hours.4 DPS has the authority to revoke the abuser’s FOID if s/he already has one.4 Once the FOID has been revoked, the abuser will have 24 hours to surrender his/her card to DPS, along with all of his/her firearms. If s/he doesn’t do that, s/he can be arrested.5
All individual firearms must be registered with the Department of Public Safety (DPS). It is illegal to borrow, rent, loan, or give a weapon to another person in the CNMI.6
Also, federal laws, which apply to all states and territories, may restrict an abuser’s right to have a gun. Go to our Federal Gun Laws page for more information.
1 6 CMC § 10601
2 6 CMC §§ 10602; 10603; 10609
3 6 CMC § 10610
4 8 CMC § 1916(d)
5 6 CMC § 10614
6 6 CMC §§ 10701; 10201
When someone applies for a Firearm Owner’s Identification Card, what records are checked in the background check?
The background check will include the following records:
- the National Instant Criminal Background Check System (NICS) of the Federal Bureau of Investigation;
- Commonwealth criminal history files;
- Commonwealth and federal records regarding wanted persons;
- Commonwealth and federal records of domestic violence protective orders;
- Commonwealth and federal records that identify persons who illegally use or are addicted to any controlled substance; and
- any other available files of any federal, state, and private or public local agency in any jurisdiction that may have information about whether the applicant is prohibited from buying or having a firearm under federal, state, or local law.1
The NICS should have a record if the abuser:
- was convicted of a felony or domestic violence misdemeanor in any state or territory; or
- has a qualifying protection order against him/her.2
However, not all states automatically put their records in the NICS. This makes it more difficult to do a complete criminal background check. Sometimes, criminals and abusers might slip through the system.
1 6 CMC § 10609
2 National Criminal Justice Reference Service website
Guns and Restraining Orders
I have a temporary or final order of protection against the abuser. Can s/he have a gun?
In the CNMI, a judge can order an abuser’s weapons to be taken away from him/her in a temporary or final order of protection.1 Go to What protections can I get in an order of protection? to see the complete list of possible protections.
In addition, an abuser cannot get a Firearm Owner’s Identification Card (FOID) while you have an active order of protection against him/her. If the abuser already has one when you get the order of protection, s/he will have 24 hours to surrender the FOID and all of his/her firearms to the Department of Public Safety. If s/he fails to do so, s/he can be arrested.2 To learn more about the FOID and its requirements, go to I am a victim of domestic violence and the abuser has a gun. Is that illegal in the CNMI?
1 8 CMC § 1916(b), (c)
2 6 CMC §§ 10610; 10614
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an order of protection?
To possibly increase the chances that the abuser’s guns will be taken away when you get an order of protection, here are some steps you can take:
- Tell the judge everything you know about the abuser’s guns. Describe how many guns s/he has, what types they are, and where they are kept.
- Tell the judge if the abuser has ever threatened you with a gun.
- Ask the judge to include in your order of protection that the abuser cannot own, buy, or have a gun while the order is active.
If the judge agrees to write in the order that the abuser cannot have a gun, you can also ask the judge to:
- Require the abuser to hand over any guns to the police, or give the police the power to go to the abuser’s home and take the guns;
- Clearly state how long the guns will be kept away from the abuser; and
- Order that the police tell you when the guns are returned to the abuser.
The Abuser Isn't Supposed to Have a Gun...Now What?
Who do I notify if I think the abuser should not have a gun?
If you think the abuser broke a CNMI gun law, you can call the local police.
If you think the abuser broke a federal gun law, you can contact the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). There are several different ways to do this:
- The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
- The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
- There is an ATF field office in Guam if you would like to speak to someone relatively local.
Many ATF offices have victim advocates, called “victim/witness coordinators.” You can ask to speak with one of these advocates if you are having a hard time reaching an ATF officer.
A local domestic violence organization in your area may also be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our CNMI Advocates and Shelters page.
Note: Generally, a person does not need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.1
1 United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What will happen if the abuser tries to purchase a gun?
In the CNMI, guns can only be legally bought through a licensed firearms vendor. All sales must occur in person, and the buyer must show a current Firearm Owner’s Identification Card (FOID) to the vendor. Even for private sales or transfers between individuals, the gun owner must either:
- take the gun to a licensed firearms vendor who will perform the necessary background and records checks; or
- complete the sale or transfer at the Department of Public Safety, following very specific requirements laid out in the law, which you can find in section (b) of 6 CMC §10803.1
To learn more about the FOID and its requirements, go to I am a victim of domestic violence and the abuser has a gun. Is that illegal in the CNMI?
In addition, it is illegal to borrow, rent, loan, or give a weapon to another person in the CNMI.2
Note:Just because someone was able to buy a gun, this doesn’t always mean it is legal for him/her to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for an order of protection. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan
1 6 CMC §§ 10802; 10803
2 6 CMC § 10201
More Information and Where to Get Help
I do not have an order of protection against the abuser, and s/he has not been convicted of a crime. Are there any other reasons why it’d be illegal for the abuser to have a gun in the CNMI?
Even if you don’t have an order of protection against the abuser and s/he has not been convicted of a crime, there are other reasons that it might be illegal for him/her to have a gun.
In the CNMI, in order to legally have any firearm, a person must have a current Firearm Owner’s Identification Card (FOID).1 The FOID can be denied or taken away (revoked) for lots of reasons.1 Some of the reasons which don’t involve crimes or orders of protection are:
- intentionally lying on the FOID application;
- being addicted to a controlled substance;
- being involuntarily committed to a mental health facility within the last five years;
- being adjudicated as mentally disabled;
- having a mental condition that poses a danger to the applicant or to others;
- being less than 21 years of age;
- currently facing charges for any felony;
- currently facing charges for certain crimes involving guns, stalking, domestic violence, or other acts of violence; or
- being unlawfully present in the United States.2
You can read the full list of reasons for denial or revocation on our Selected CNMI Statutes page.
In addition, there are federal laws that may restrict an abuser’s right to have a gun under other circumstances. Federal laws apply to all states and territories. Go to our Federal Gun Laws page to get more information.
If these situations do not apply, you can still plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for help in making a personalized plan. See our CNMI Advocates and Shelters page to find a local domestic violence organization near you.
1 6 CMC § 10601
2 6 CMC § 10610
I've read through all of this information, and I am still confused. What can I do?
Here are a few places you can contact to get help understanding the law and your rights:
- WomensLaw Email Hotline – write in to ask us questions.
- National Center on Protection Orders and Full Faith & Credit – for more information on federal gun laws and how they may apply to you, call 1-800-903-0111 x 2.
- Local domestic violence organizations - see our CNMI Advocates and Shelters page to find organizations in your area.
