Title 6, Crimes and Criminal Procedure

Violation of this Chapter - Penalties. (a) A violation of 6 CMC § 10601(a) or (b) is a felony punishable by a fine of no more than $5,000 or a term of imprisonment for not more than five years, or both, if: (1) the person has never had a Firearm Owner's Identification Card revoke…

Duties of card holders – penalties. (a) Each person or organization holding a Firearm Owner’s Identification Card shall: (1) notify the Department of Public Safety in writing of the loss, theft, or destruction of the Firearm Owner’s Identification Card, including the circumstance…

Certified abstracts. Any certified abstract issued by the Department of Public Safety or transmitted electronically by the Department of Public Safety to a court or on request of a law enforcement agency for the record of a named person as to the status of the person's Firearm Ow…

Fee waiver. (a) The Department of Public Safety may not charge a fee under this Chapter to any member of law enforcement. Provided, the Department of Public Safety may take this subsection into account when determining the amount of appropriate fees for administering this Chapter…

Regulations and fees. (a) The Department of Public Safety is authorized to issue regulations to administer this Chapter. (b) The Department of Public Safety may authorize, by regulation, additional fees to administer this Chapter. Provided, any additional fees will be instituted …

Definitions. (a) “Associated equipment” means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming, any game, race or sports book or pool that would not otherwise be classified as a gami…

Fraudulent Acts. It is unlawful for any person: (a) To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players. (b) To place, increase or decrease a bet or to determine the c…

Use or Possession of Device, Lenses, Software or Hardware to Obtain Advantage at Playing Game Prohibited. It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use or assist another person in using …

Counterfeit, Unapproved or Unlawful Instruments or Items. (a) It is unlawful for any person, in playing or using any gambling game, associated equipment or cashless wagering system designed to be played with, receive or be operated by chips, tokens, wagering credits or other wage…

Cheating. It is unlawful for any person, whether the person is a licensee or employee of, or a player in, an establishment licensed by the Commission, to cheat at any game played in an establishment licensed by the Commission. Source: PL 21-38, § 31 (Jan. 7, 2021), modified. Comm…

Unlawful Manufacture, Sale, Distribution, Marking, Altering or Modification of Equipment and Devices Associated with Gaming. (a) It is unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of this …

Definitions. (a) “Conditional release” means release from a treatment facility conditioned upon specified terms of any or all of the following: out-patient treatment, supervision, probation, medication, or other reasonable terms related to the person’s mental illness or his dange…

Mental Illness, Disease or Defect at Time of Offense. A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental illness, disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to confor…

Competency at Time of Trial and Sentencing. (a) The standard for determining competency at trial and sentencing is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as w…

Psychiatric Examination, Reports, Evidence. (a) Whenever a plea of not guilty by reason of mental illness, disease or defect is entered or a notice is given pursuant to the Commonwealth Rules of Criminal Procedure the court shall appoint at least one qualified psychiatrist or oth…

Discharge Upon a Finding of Not Guilty by Reason of Insanity. (a) After entry of judgment of not guilty by reason of mental illness, disease or defect, the court shall discharge the defendant from custody as in the case of all other persons found not guilty. (b) The defendant dis…

Incompetency to Stand Trial or be Sentenced: Initiation. (a) At any time before the commencement of the trial, either party may make a motion for a hearing on the defendant’s competency to be proceeded against, or the court on its own motion may order such a hearing. Thereupon, t…

Incompetency to Stand Trial or be Sentenced; Procedure. (a) If at least one psychiatrist concludes that the defendant may be incompetent to be proceeded against or to be sentenced, the court shall order the issue of defendant’s competency to be determined within 10 days after not…

Treatment After Sentencing. (a) If, at any time after the imposition of sentence and during the period a person is in the custody of the Department of Public Safety, Division of Corrections, or is subject to a sentence of probation or parole, the Director of Public Safety or pers…

Voluntary Treatment. Any person incarcerated in a detention, prison, jail or correctional facility, has, among other rights, the right to prompt and adequate medical care, including psychiatric care. A person in the custody of the Department of Public Safety or Division of Correc…

Transfer. Nothing in this chapter shall be construed to hinder or to prevent the transfer of any person committed for care and treatment pursuant to this chapter to any hospital outside of the Commonwealth. An application for transfer may be made by either the administrator of th…

Private Right of Action. An aggrieved person may enforce the rights, obligations and liabilities under this chapter. Source: PL 8-37, § 5 (§ 6610).

Hearing Rights. Whenever a hearing pursuant to this chapter is required to determine whether a defendant is competent to stand trial or be sentenced or for treatment after sentencing, the defendant shall have a full panoply of due process rights, including, but not necessarily li…

Firearm registration database. (a) The Department of Public Safety shall create and maintain a digital Firearm Registration Database to keep track of all firearms in the Commonwealth. (b) The Firearm Registration Database shall include the following information on firearms: (1) t…

Notification duty of firearm owners. (a) Every person or organization has a duty to report to the Department of Public Safety on a prescribed form within three business days: (1) the loss, theft, or destruction of a firearm registered to him or her, including the circumstances, u…

Regulations. The Department of Public Safety shall have the authority to promulgate rules and regulations to enforce this Chapter. Source: PL 19-73 § 5 (Dec. 1, 2016), modified. Commission Comment: The Commission renumbered this section pursuant to 1 CMC § 3806(a).

Business of firearms, destructive devices, or ammunition – vendor’s license required. (a) No person or organization shall engage in the business of manufacturing, selling, purchasing, importing, or repairing any firearm, destructive device, parts therefor, or ammunition, without …

Application for firearm vendor license. (a) Any person or organization who is required to obtain a Firearm Vendor License under this Chapter shall: (1) appear in person at a time and place designated by the Department of Public Safety; (2) complete and submit to the Department of…

Renewal. (a) A Firearm Vendor License expires one year after the date of issuance. A permit may be renewed for additional one-year periods if the licensee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by the Department of Public …

Investigation to be conducted. (a) The Department shall conduct an investigation to determine, for the protection of public health and safety, whether the Firearm Vendor License may be issued or renewed. (b) The Department shall require: (1) The applicant; and (2) All persons who…

Grounds for denial of firearm vendor license. (a) The Department shall deny the issuance or renewal of a Firearm Vendor License if the operation of the business would not or does not comply with federal, Commonwealth, or local law, or if the applicant or licensee: (1) Is a person…

Issuance of vendor’s license; time period; corrections. (a) Upon receipt of a properly executed application for a vendor's license, or renewal thereof, the Department of Public Safety, upon determining through further inquiry, investigation, or otherwise, that the applicant is en…

Duties of licensed vendors; records required. (a) Each person holding a vendor's license, in addition to any other requirements imposed by this Chapter, Commonwealth law, federal law, or Department of Public Safety regulation, shall: (1) Display the vendor's license in a conspicu…

Revocation of firearm vendor license. (a) A Firearm Vendor License may be revoked if: (1) Any of the criteria in 6 CMC § 10757 are not currently met; (2) There is a violation or omission of the duties, obligations, or requirements imposed by 6 CMC § 10757, Commonwealth or federal…

Procedure for denial or revocation of vendor’s license. (a) If it appears to the Department of Public Safety that an application for a vendor's license should be denied or that a vendor's license should be revoked, the Department of Public Safety shall notify the applicant or reg…

Temporary suspension of vendor’s license. (a) If the Department of Public Safety has probable cause to believe that a licensee has violated any federal, Commonwealth or local law, the Department of Public Safety may immediately suspend the right of the licensee to sell, lease, or…

Report of license revocation to federal and Commonwealth authorities. In addition to any other penalty or remedy, the Department of Public Safety shall report any person or entity whose Firearm Vendor License is revoked pursuant to this Chapter to the Bureau of Alcohol, Tobacco, …

Nonassignability. A Firearm Vendor License issued under this Chapter is not assignable. Any attempt to assign a Firearm Vendor License shall result in revocation of the license. Source: PL 19-73 § 6 (Dec. 1, 2016), modified. Commission Comment: The Commission renumbered this sect…

Inspections. (a) Licensees shall have their places of business open for inspection by the Department of Public Safety during all hours of operation. (b) The Department shall conduct an inspection of the business in connection with the initial issuance of a permit, and thereafter …

On-site security. (a) All firearms and ammunition in the inventory of a licensee must be kept at the permitted business location. (b) If the proposed or current business location is to be used at least in part for the sale of firearms, all perimeter doorways, windows, and heating…

Display of firearms or ammunition by vendors; security; employees of vendors. No licensed vendor shall display any firearm or ammunition in windows visible or accessible from a street or sidewalk. All firearms, destructive devices, and ammunition shall be kept at all times in a s…

Identification number on firearm required before sale. No licensee shall sell or offer for sale any firearm which does not have imbedded into the metal portion of such firearm a unique manufacturer's identification number or serial number. Source: PL 19-73 § 6 (Dec. 1, 2016), mod…

Liability insurance. (a) If the proposed or current business location is to be used for the sale of firearms, no Firearm Vendor License shall be issued or renewed unless there is in effect a policy of insurance in a form approved by the Commonwealth and executed by an insurance c…

Location of firearm vendor. (a) The business shall be carried on only in the building located at the street address shown on the permit. (b) The business premises shall not be located in any area that is zoned for residential use. (c) The business shall not be operated out of a d…

Inventory reports. (a) Within the first five business days of January and July of each year, the licensee shall cause a physical inventory to be taken that includes a listing of each firearm held by the licensee by make, model, caliber or gauge, and serial number, together with a…

Restricted admittance of minors and other prohibited purchasers. (a) Where firearm sales activity is the primary business performed at the permitted business location, no licensee or any of his or her agents, employees, or other persons acting under the licensee's authority shall…