English
EspañolI 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.
