Title 6, Crimes and Criminal Procedure

Closure of establishments during emergencies. In case of emergency concerning the public safety declared by the Governor, all establishments dealing in guns, dangerous devices, or ammunition may be ordered closed by the official and be required to remain closed during the continu…

Transfer of firearms and ammunition into the Commonwealth. (a) Any firearm, ammunition, or destructive device being transferred into the Commonwealth via post or common carrier shall be addressed to and received by a firearm vendor duly licensed under Commonwealth and federal law…

Exceptions. The following individuals, government agencies, and organizations are exempt from this Chapter: (a) Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties; (b) A common carrier, warehouseman, or …

Penalties. Except as otherwise provided by law, any person convicted of a violation of any section of this Chapter shall be fined not more than $1,000 or imprisoned for not more than one year, or both; except that: (a) A person who knowingly or intentionally sells, transfers, or …

Definitions. Where appearing in this chapter, the term: (a) “Governor” includes any person performing the functions of the Governor by authority of Commonwealth law; (b) “Executive authority” includes the Governor, and any person performing the functions of Governor in any state,…

Fugitives from Justice; Duty of the Governor. Subject to the provisions of this chapter, the Governor shall have arrested and delivered up to the executive authority of any state any person charged in that state with treason, felony, or other crime, who has fled from justice and …

Form of Demand. (a) Except in cases arising under 6 CMC § 6907, no demand for the extradition of a person charged with or convicted of crime in a state shall be recognized by the Governor unless in writing alleging that the accused was present in the demanding state at the time o…

Official Investigation of Demand for Extradition. When a demand is made upon the Governor by the executive authority of a state for the surrender of a person charged with or convicted of a crime, the Governor may call upon the Attorney General to investigate or assist in investig…

Extradition of Person Imprisoned or Awaiting Trial in a State. When it is desired to have returned to the Commonwealth a person charged in the Commonwealth with a crime and that person is imprisoned or is held under criminal proceedings then pending against him in a state, the Go…

Extradition of Persons Who Have Left Demanding State Involuntarily. The Governor may also surrender on demand of the executive authority of any state any person in the Commonwealth who is charged, in the manner provided in 6 CMC § 6924, with having violated the laws of the state …

Extradition of Persons Not Present in Demanding State at Time of Commission of Crime. The Governor may also surrender, on demand of the executive authority of any state, any person in the Commonwealth charged in the state, in the manner provided in 6 CMC § 6903, with committing a…

Governor’s Warrant of Arrest: Issuance; Recitals. If the Governor decides that a demand for extradition of a person charged with, or convicted of, a crime in a state should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the Commonwealth …

tion. Governor’s Warrant of Arrest: Manner and Place of Execu- A Governor’s warrant of arrest shall authorize the officer or other person to whom it is directed to arrest the accused at any time and at any place where the accused may be found within the Commonwealth, and to comma…

Governor’s Warrant of Arrest: Assistance to Arresting Officer. Every officer or other person empowered to make the arrest, as provided in 6 CMC § 6909, has the same authority in arresting the accused to command assistance therein as the Attorney General, Director of Public Safety…

Governor’s Warrant of Arrest: Rights of Accused Persons; Application for Writ of Habeas Corpus. No person arrested upon a Governor’s warrant of arrest shall be delivered over to the agent whom the executive authority demanding the arrest shall have appointed to receive the arrest…

Governor’s Warrant of Arrest: Penalty for Noncompliance. Any officer who delivers a person in his or her custody under the Governor’s warrant to the agent for extradition of the demanding state in disobedience of 6 CMC § 6911 is guilty of a misdemeanor, and on conviction thereof …

Governor’s Warrant of Arrest: Confinement in Jail Authorized When Necessary. The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner is to be delivered may, when necessary, confine the prisoner in any jail in the …

Arrest Prior to Requisition: By Warrant. A judge shall issue a warrant directed to the Attorney General or Director of Public Safety commanding the apprehension of the person named in it wherever the person may be found in the Commonwealth and to bring the person before the court…

Arrest Prior to Requisition: Without a Warrant. The arrest of a person may also be lawfully made by any police officer or private citizen without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imp…

Arrest Prior to Requisition: Commitment to Await Requisition. If from the examination before the court it appears that the person held pursuant to 6 CMC §§ 6914 or 6915 is the person charged with having committed the crime alleged and, except in cases arising under 6 CMC § 6907, …

Bail: When Allowed; Conditions of Bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the court may admit the person arrested to bail by bond or under…

Bail: Discharge, Recommitment or Renewal. If the accused is not arrested under warrant of the Governor by the expiration time specified in the warrant, bond, or undertaking, the court may discharge the accused or may recommit the accused to a further day, or may again take bail f…

Bail: Forfeiture. If the accused is admitted to bail and fails to appear and surrender according to the condition of the bond, the court shall declare the bond forfeited and order an immediate arrest without warrant if the accused is in the Commonwealth. Recovery may be had on th…

Persons Under Criminal Prosecution in the Commonwealth at Time of Requisition. If a criminal prosecution has been instituted under the laws of the Commonwealth against a person subject to extradition and is still pending, the Governor, in the exercise of discretion, may either su…

Inquiry into Guilt or Innocence of Accused. Except as that may be involved in identifying the person held as the person charged with the crime, the Governor may make no inquiry into the guilt or innocence of the accused as to the crime of which he or she is charged, nor may any s…

Governor May Recall Warrant or Issue Additional Warrant. The Governor may recall a warrant of arrest or may issue another warrant whenever the Governor deems it proper. Source: 12 TTC § 472.

Fugitives From the Commonwealth: Issuance of Warrant to Receive and Convey. Whenever the Governor shall demand from the executive authority of any state a person charged with crime or with escaping from confinement or breaking the terms of bail, probation or parole in the Commonw…

Fugitives from the Commonwealth: Applications for Requisition; Return of Person Charged With Crime. When the return to the Commonwealth of a person charged with a crime in the Commonwealth is required, the Attorney General shall present to the Governor a written application for a…

Fugitives from the Commonwealth: Applications for Requisition; Escaped Convict. When the return to the Commonwealth is required of a person who has been convicted of a crime in the Commonwealth and who has escaped from confinement or broken the terms of bail, probation or parole,…

Fugitives from the Commonwealth: Applications for Requisition; Form of Applications; Copies. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the information and affidavit filed, or of the complaint…

Fugitives from the Commonwealth: Costs and Expenses. The expenses incident to the extradition of any person under 6 CMC §§ 6923 to 6926 shall be paid out of the Commonwealth Treasury. Source: 12 TTC § 477.

Immunity from Service of Process in Certain Civil Actions. A person brought into the Commonwealth by or after waiver of extradition based on a criminal charge is not subject to service of personal process in civil actions arising out the same facts as the criminal proceeding to a…

Waiver of Extradition Proceedings. (a) Any person arrested in the Commonwealth and charged with having committed any crime in any state, or alleged to have escaped from confinement, or broken the terms of bail, probation or parole may waive the issuance and service of the warrant…

Procedures of Chapter Not Deemed Waiver of Commonwealth’s Rights. Nothing in this chapter may be deemed to constitute a waiver by the Commonwealth of its right, power or privilege to try the demanded person for any crime committed within the Commonwealth, or of its right, power o…

Immunity From Other Criminal Prosecutions While in the Commonwealth. After a person has been brought back to the Commonwealth by or after waiver of extradition proceedings, the person may be tried in the Commonwealth for other crimes which he or she may be charged with having com…

Waiting period prior to firearm purchase. (a) No licensed firearms vendor shall deliver a firearm, and no person shall take possession of a firearm from a licensed vendor, until a minimum of 48 hours have elapsed from the date the person purchased the firearm. Source: PL 19-73 § …

Exceptions. This Chapter shall not apply to: (a) Any law enforcement or corrections agency or law enforcement or corrections officer acting within the course and scope of his or her employment or official duties; (b) A United States Marshal or member of the Armed Forces of the Un…

Minimum criminal penalties. Where ever a maximum criminal penalty is imposed in this Division, there shall be a minimum penalty equal to 10% of the maximum penalty. Source: PL 19-42 § 9 (Apr. 11, 2016), modified; renumbered by PL 19-73 § 4 (Dec. 1, 2016). Commission Comment: The …

Special provision on fines and fees. All fines and fees collected pursuant to the Special Act for Firearms Enforcement shall be distributed accordingly: (a) Fifty percent to the Department of Public Safety (DPS) for its personnel and operations in enforcing the intent of the Spec…

Firearms cost impact study. The Governor shall immediately commission and fund a study to be conducted by suitable professionals in order to determine the true costs to the Commonwealth, its government, businesses, non-profits, and the people, of the introduction of the additiona…