Gun free zones: civil cause of action

Gun free zones: civil cause of action. (a) If a person possesses a firearm on private property in violation of 6 CMC §10401(a)(18), then the property owner may institute and prosecute in his own name and on his own behalf, a civil action for injunctive relief, for any damages actually incurred, punitive damages, and for statutory damages in an amount not less than $10,000. Further, the property owner shall be entitled to attorney fees if he prevails in his action against the person found to have violated 6 CMC §10401(a)(18). (b) The term “property owner” is to be read broadly to include, among others, owners of freehold estates, leasehold estates, owners and operators of private businesses. Source: PL 19-42 § 8 (Apr. 11, 2016), modified. Commission Comment: The Commission numbered this section pursuant to 1 CMC § 3806(a). The Commission changed the reference “§ 401(a)(18) of this chapter” in subsection (a) to “6 CMC § 10401(a)(18)” to agree with the renumbered section pursuant to 1 CMC § 3806(c). The Commission changed the capitalization of the section title for the purpose of conformity pursuant to 1 CMC § 3806(f).