CNMI gun laws
The recent U.S. District Court decision relative to the “right to bear arms” in the CNMI has shaken the community to its very roots. Perhaps, however, the existing CNMI firearms laws already meet the fundamental requirement of the Second Amendment to the U.S. Constitution.
The Second Amendment to the US Constitution was introduced into the U.S. Congress during George Washington’s non-partisan, first administration by then Congressman James Madison of Virginia and ratified on December 15, 1791, along with several other previously promised amendments limiting the powers of Congress and establishing what has become popular known as “The Bill of Rights.”
The Second Amendment as adopted by Congress simply states: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
At that time, England was at war with France, again. American shippers were doing brisk business with France’s Caribbean colonies as a result of France’s support during the American War of Independence. Although England had recognized American independence in the Treaty of Paris of 1783, she continued to harass American shipping, impress American sailors into the Royal Navy, and provide Native American tribes with guns to resist America’s westward expansion (Perhaps America’s first foreign terrorist threat?).
Because another war with England on American soil appeared likely (It began in 1812.), the second amendment to the U.S. Constitution provided a mechanism to keep Americans armed and prepared for war, at no cost to the government. Of course, the selection of guns available for purchase at that time was limited; most people had muskets primarily intended for hunting wild game.
Although an armed invasion of the CNMI or insurrection from within is highly unlikely, current CNMI law does provide for its citizens to own firearms; .410 shotguns and .22 caliber rifles, both of which are very deadly weapon. The people of the CNMI have found these weapons to be quite satisfactory for killing cows and pigs, hunting wild game, and defending their homes for the last 40 years (In fact, it is a carry-over law from TTPI times).
The question is: Is the CNMI required to provide a mechanism for anyone to buy any kind of weapon they want?
Every state in the Union has a different firearm law. The CNMI has a firearm law.
If someone feels the need to own a gun to protect their home, a pump-action, Mossberg .410 is a very effective weapon.
Perhaps the question of changing the CNMI firearms law to include ownership of handguns (submachine guns?) might be worth the cost of a special plebiscite to determine the true feelings of the people.
And, perhaps, if we could somehow get the question of CNMI’s existing gun laws to the U.S. Supreme Court—does our existing law meet the minimum requirements of the Second Amendment—that would be most interesting.
Don Farrell
Marpo Heights, Tinian