English
EspañolWhat 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
