Gun free zones

6 CMC § 10401, under Gun Free Zones.

6 CMC § 10401

Gun free zones. (a) No person in the Commonwealth, other than duly authorized law enforcement officers in the exercise of their duties, shall knowingly possess a firearm in any of the following places: (1) any building occupied primarily by the government and any parking lot therefor, except for security personnel given express permission to carry a firearm; (2) any government building, except for security personnel given express permission to carry a firearm; (3) any Department of Public Safety building or office without the consent of the chief law enforcement officer in charge of that office or station; (4) within 500 feet of any polling place on any election day; (5) within 500 feet of any daycare center or any portion of a building used as a child care facility without the consent of the manager or owner. Nothing in this subsection shall prevent the operator of a daycare center or child care facility from owning or possessing a firearm; (6) within 500 feet of any adult or juvenile detention or correctional institution, prison or jail; (7) within 500 feet of any courthouse, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subsection shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this subsection are temporarily conducting any business within the jurisdiction of such courts or offices. Nothing in this subsection shall preclude those who serve in a law enforcement capacity for a court or as may be specified by court rule; (8) within 500 feet of any building owned, leased or controlled by the nongovernment agencies or programs that specifically help victims of domestic violence, sexual violence, and stalking; (9) within 500 feet of any building hosting a public meeting subject to the Open Government Act or any meeting of the legislature; (10) within 500 feet of any building owned, leased or controlled by the legislature; (11) within 500 feet of any building owned, leased or controlled by the Office of the Attorney General; (12) within 500 feet of any place of worship, unless leadership of a particular place of worship, however governed, elects to allow firearms; (13) any establishment licensed to dispense intoxicating liquor for consumption on the premises; (14) within 500 feet of any establishment containing poker machines or that engages in gambling, except for security personnel given express permission to carry a firearm; (15) any place where the carrying of a firearm is prohibited by federal law;

(16) within 1,000 feet of any higher education institution or early childhood development facility, elementary or secondary school facility, except for security personnel given express permission to carry a firearm; (17) any hospital and any public or private clinics accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is kept in accordance with 6 CMC § 10206; (18) any private property whose owner, lessee, or manager has posted the premises as being off-limits to firearms by means of one or more signs displayed in a conspicuous place of a minimum size of 11 inches by 14 inches with the writing thereon in letters of not less than one inch. At a minimum, the sign must convey that the property is a Gun Free Zone and that it is a felony to possess a firearm on the property. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons from carrying firearms on the premises and may prohibit employees, not authorized by the employer, from carrying firearms on the property of the employer. An employer may prohibit employees or other persons from carrying a firearm in vehicles owned by the employer. (b) Where permitted by subsection (a), the head of the government agency occupying a government building or government property has the sole authority to grant its security personnel permission to carry firearms in the Gun Free Zone. (c) Where permitted by subsection (a), the chief executive officer of a business has the sole authority to grant its security personnel permission to carry firearms in the applicable Gun Free Zone. Source: PL 19-42 § 8 (Apr. 11, 2016), modified; amended and (b)–(c) enacted by PL 19-73 § 10 (Dec. 1, 2016), modified. Commission Comment: The Commission numbered this section pursuant to 1 CMC § 3806(a). The Commission substituted “subsection” in subsection (a)(7) for “subdivision” and struck “of this section” after “subsection (a)” in (b) – (c) pursuant to 1 CMC § 3806(d); the Commission changed the reference “Chapter 2, § 206 of this Act” in subsection (a)(17) to “6 CMC § 10206” to agree with the renumbered section pursuant to 1 CMC § 3806(c), (d). The Commission changed capitalization for the purpose of conformity pursuant to 1 CMC § 3806(f). The Commission changed the final periods in subsections (a)(1) and (a)(17) to semicolons and substituted numerals for written words pursuant to 1 CMC § 3806(g).