Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698746633563.pdf (Micronesia, Federated States of)
SEVENTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA THIRD SPECIAL SESSION, 2012 C.B.

NO.

17-128 A BILL FOR AN ACT To amend sections 1002 through 1031 of chapter 10 of title 11 of the Code of the Federated States of Micronesia, the Federated States of Micronesia Weapons Control Act, as amended by Public Law No.
11-72, to delegate to the states all authority over the manufacture, transfer, possession, and carriage of weapons and ammunition within the Federated States of Micronesia except as otherwise provided, to regulate the importation of weapons and ammunition, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Section 1002 of chapter 10 of title 11 of the 2 Code of the Federated States of Micronesia, as amended by 3 Public Law No.
11-72, is hereby further amended by to read as 4 follows: “Section 1002.

[General prohibition.]

Manufacture, transfer and possession of weapons - Delegation of authority.
[No person shall] All authority to regulate, restrict, and prohibit the manufacture, transfer [purchase, sell], possession and [or] carr[y]iage [any] of: [firearm, dangerous device,] a) weapons, [or] b) ammunition, and c) any other instruments or devices which can be used for the purpose of inflicting bodily harm and which under the circumstances of their possession serve no lawful purpose, CBL 17-146 C.B.

NO.
NO.

17-128 1 2 3 4 within the territory of the Federated States of Micronesia is delegated to the states other than as hereinafter provided.” Section 2.

Section 1003 of chapter 10 of title 11 of the 5 Code of the Federated States of Micronesia, as amended by 6 Public Law No.

11-72, is hereby further amended to read as 7 follows: “Section 1003.

Exemptions[ from provisions of chapter].
[This chapter shall not apply to] The following shall be exempt from any state law, regulation, or ordinance enacted pursuant to section 1002: (1) national law enforcement officers while engaged in official duty except to the extent that particular provisions of this chapter are expressly made applicable to them; (2) [firearms which are in unserviceable condition and which are incapable of being fired or discharged and which are kept as curios, ornaments or for their historical significance or value] weapons or ammunition that are the property of the Government of the Federated States of Micronesia; (3) [weapons or other dangerous devices which are not firearms and which are kept as ornaments, curios, or objects of historical or archeological 2 of 44 C.B.
NO.
17-128 interest; provided, that the article or articles referred to herein are kept or displayed only in private homes, museums, or in connection with public exhibitions;] persons lawfully in possession of weapons or ammunition that are the property of the Government of the Federated States of Micronesia; (4) persons in the Armed Forces of the United States, whenever such persons are engaged on official duty except to the extent that particular provisions of this chapter are expressly made applicable to them; (5) persons designated from time to time by the Secretary of the Department of Justice (hereinafter referred to as the "Secretary" in this act), where such exemption is in the best interest of the National Government; provided, however, that the Secretary shall define the time, manner and purpose of the exemption, and limit the size and type of weapons which may be used by such persons.” Section 3.
Section 1004 of chapter 10 of title 11 of the 20 Code of the Federated States of Micronesia, as amended by 21 Public Law No.

11-72, is hereby further amended to read as 22 follows: 23 24 25 “Section 1004.

Definitions.

For the purposes of this section: (1) "Automatic weapon" means a weapon of any 3 of 44 C.B.

NO.
NO.

17-128 description irrespective of size, by whatever name designated or known, loaded or unloaded, from which may be repeatedly or automatically discharged a number of bullets contained in a magazine, ribbon or other receptacle, by one continuous movement of the trigger or firing mechanism.

(2) "Carry" means having on one's person or in a motor vehicle or other conveyance.
(3) "Dangerous device" means any explosive, incendiary or poison gas bomb, grenade, mine or similar device, switch or gravity blade knife, blackjack, [sandbag,] metal, wooden or shark's tooth knuckles, dagger, or any instrument designed or redesigned [for use as a weapon, or any other instrument which can be used] for the purpose of inflicting bodily harm [and which under the circumstances of its possession serves no lawful purpose].
(4) "Department of Justice" means the Federated States of Micronesia Department of Justice.

(5) "Firearm" means any device, by whatever name known, which is designed or may be converted to expel or hurl a projectile or projectiles by the action of an explosion, a release, or an expansion of gas, including but not limited to guns, except a device designed or redesigned for use solely as a signaling, 4 of 44 C.B.

NO.
NO.

17-128 line throwing, spearfishing, or industrial device, or a device which hurls a projectile by means of the release or expansion of carbon dioxide or air.

(6) "Gun" means a handgun or long gun.

(7) "Handgun" means a pistol or revolver with an overall length of less than twenty-six inches.
(8) "National Law Enforcement Officer' means an employee of a national [or state] law enforcement agency authorized to enforce the laws of the National or State Governments.

[Employees of municipal law enforcement agencies may be included for the purposes of this chapter, at the discretion of the Secretary, upon a showing that municipal law enforcement officers meet the training requirements for National or State law enforcement officers.]
(9) "Long gun” means a rifle with one or more barrels more than eighteen inches in length.

(10) "Person" means any natural person, corporation, partnership, or other business entity.
(11) "Semi-automatic weapon" means a weapon of any description irrespective of size, by whatever name designated or known, loaded or unloaded, from which may be repeatedly or automatically discharged a number of bullets contained in a magazine, ribbon or other receptacle by a like number of movements of the trigger 5 of 44 C.B.

NO.

17-128 or firing mechanism without recocking or resetting the trigger or firing mechanism.
(12) "Transfer" means sale, gift, purchase or any other means by which ownership or temporary rights of use and control are conveyed or shifted from one person to another.

(13) “Weapon” means any firearm or dangerous device.” Section 4.

Section 1005 of chapter 10 of title 11 of the 10 Code of the Federated States of Micronesia, as amended by 11 Public Law No.

11-72, is hereby further amended to read as 12 follows: “Section 1005.

Importation – Prohibitions.


[Identification cards required; Issuance.]

(1) No person shall import any weapon or ammunition into the territory of the Federated States of Micronesia other than as hereinafter provided.

[No person shall acquire or possess any firearm, dangerous device, or ammunition unless he or she holds an identification card issued pursuant to this chapter.
The identification card is evidence of the holder's eligibility to possess and use or carry firearms, dangerous devices, or ammunition.

A person need not own or possess any firearm, dangerous device, or ammunition to apply for and have issued to him an 6 of 44 C.B.

NO.

17-128 identification card.
(2) Identification cards shall be issued only by the Department of Justice pursuant to regulations made by the Department of Justice in the manner which is or may be provided by law.
The identification card shall have on its face all of the following: (a) the name and address of the holder; (b) the sex, height, and weight of the holder; (c) the birth date of the holder; (d) the date of expiration for the card, which shall be two years from the date of issue; (e) a photograph of the holder taken within ten days prior to issuance; (f) an endorsement setting forth the extent of the holder's eligibility to possess, use, and carry firearms, dangerous devices, or ammunition; and (g) the number of the identification card.
(3) An applicant for the issuance or renewal of an identification card shall make application therefor on a form approved by the Department of Justice and shall supply such information as may be necessary to afford the issuing agency reasonable opportunity to ascertain the facts required to appear 7 of 44 C.B.

NO.
NO.

17-128 on the face of the identification card, and to determine whether the applicant complies with all requirements of this chapter to possess and use, or carry firearms, dangerous devices, or ammunition, as the case may be.

Such information shall include a complete description and serial number, if any, of any firearm or dangerous device the applicant owns or possesses.
(4) No identification cards shall be issued until fifteen days after application therefor, and unless the issuing agency is satisfied that the applicant may lawfully possess and use, or carry firearms, dangerous devices, or ammunition of the type or types enumerated on the identification card; provided, however, that the Secretary may issue an identification card prior to the expiration of fifteen days where such issuance is in the best interest of the National Government.
Unless the application for use and possession is denied, the identification card shall be issued within 60 days from the date of application.

An identification card issued pursuant to this section shall be valid for two years from the date of its issuance unless it has been revoked.

A valid identification card issued pursuant to this section may be renewed biannually upon application by the holder 8 of 44 C.B.

NO.
NO.

17-128 made on the form approved by the Department of Justice.
(5)] (2) No person shall be issued an [identification card] import permit pursuant to this chapter if he or she has been: (a) acquitted of any criminal charge by reason of insanity; (b) adjudicated mentally incompetent; (c) treated in a hospital for mental illness, drug addiction, or alcoholism; (d) convicted of a crime of which actual or attempted personal injury or death is an element; (e) convicted of a crime in connection with which [firearms or dangerous devices] weapons or ammunition were used or found in his or her possession; [or] (f) convicted of a crime of which the use, possession, or sale of narcotics or dangerous drugs is an element; or (g) is prohibited from possessing weapons or ammunition under any applicable state law.
(6) No person shall be issued an [identification card] import permit unless that person is at least 21 years of age at the time of application therefor.

(7) No person shall be issued an 9 of 44 C.B.

NO.

17-128 [identification card] import permit if he or she has a physical condition or impairment which makes him or her unable to use [a firearm or dangerous device] any weapon listed therein with proper control.
(8) Any person suffering from a physical or mental defect, condition, illness, or impairment which would make him ineligible for an [identification card] import permit pursuant to this section may submit the certificate of a physician licensed to practice in the Federated States of Micronesia to the issuing agency or officer.
If the certificate states that it is the subscribing physician's best opinion that the defect, condition, illness, or impairment does not make the applicant incapable of possessing and using any [firearm or dangerous device] weapon requested to be imported without danger to the public safety, [the identification card] such import permit may be issued.

[But no such card shall be valid for a period longer than six months.]
(9) Any person who is ineligible for an [identification card] import permit by reason of conviction of a crime may be issued such a card if his or her most recent discharge from probation or parole or the termination of his or her most recent sentence, whichever is later, is more than ten years prior to the 10 of 44 C.B.

NO.
17-128 time of application for the [identification card] import permit and if the issuing agency finds that his or her record, taken as a whole, does not indicate that his or her possessing and using, or carrying, [a firearm or dangerous device, as the case may be, are] any weapon requested to be imported is not likely to constitute a special danger to the public safety[; provided, that if the crime which renders him ineligible for an identification card is solely the failure to have an identification card issued to him, then the reinstatement to eligibility pursuant to this subsection shall occur five years after the date of his or her sentencing].
[(10) A duplicate identification card may be issued to the holder of a lost, destroyed, or defaced identification card upon proof of such loss, destruction, or defacement as the Department of Justice may require, upon payment of the fee required by section 1030 of this chapter, and upon surrender of any remaining portion of the original card.

Notice shall be given to the Department of Justice by the holder within forty-eight hours of his or her discovery of such loss, defacement, or destruction.
The holder shall notify the Department of Justice of any change of name or address from those appearing upon the 11 of 44 C.B.

NO.

17-128 identification card within forty-eight hours of such change.

(11)](10) A person who is neither a citizen nor resident of the Federated States of Micronesia shall not be eligible for an [identification card] import permit, except upon receiving special permission from the Secretary.
(11) If the applicant for an import permit is a corporation, partnership, association, or other business entity, it shall not be eligible for an import permit if any if its directors, partners, associates, or senior managers, or any individual who would be responsible for the custody of any weapons under the entity’s control, would themselves not be eligible for an import permit.” Section 5.
Section 1006 of chapter 10 of title 11 of the 17 Code of the Federated States of Micronesia, as amended by 18 Public Law No.

11-72, is hereby further amended to read as 19 follows: “Section 1006.

Reserved.

[Identification cards required; Prima facie evidence of possession.
No person shall purchase, possess, or use a firearm, dangerous device, or ammunition unless he or she is the holder of an identification card issued pursuant to this chapter evidencing the eligibility of 12 of 44 C.B.

NO.

17-128 such person to purchase, possess, and use a firearm, dangerous device or ammunition.

Such person shall be at least 21 years of age.]


Where a firearm, dangerous device, or ammunition is found in a vehicle or vessel, it shall be prima facie evidence that such firearm, dangerous device, or ammunition is in the possession of the occupant if there is but one.
If there is more than one occupant, it shall be prima facie evidence that it is in the possession of all, except under the following circumstances: (a) where it is found upon the person of one of the occupants; (b) where the vehicle or vessel is not a stolen one and the firearm, dangerous device, or ammunition is out of view in a glove compartment, automobile trunk, or other enclosed customary depository, in which case it is prima facie evidence that such firearm, dangerous device, or ammunition is in the possession of the occupant or occupants who own or have authority to operate the vehicle or vessel; (c) where, in the case of a taxicab, the firearm, dangerous device, or ammunition is found in the passengers' portion of the vehicle, it shall be prima facie evidence that it is in the possession of 13 of 44 C.B.
NO.

17-128 1 2 3 all the passengers, if there are any, and, if not, that it is in the possession of the driver.

]” Section 6.

Section 1007 of chapter 10 of title 11 of the 4 Code of the Federated States of Micronesia, as amended by 5 Public Law No.

11-72, is hereby further amended to read as 6 follows: “Section 1007.

Reserved.

[Carrying firearms.
No person shall carry a firearm unless he or she has a valid identification card and is carrying the firearm unloaded in a closed case or other securely wrapped or closed package or container, or locked in the trunk of his or her vehicle while en route to or from a target range or area where he or she hunts or takes part in other sports involving firearms, or carries the firearm in plain sight on his or her person while actively engaged in hunting or sports involving the use of firearms.

]” Section 7.
]” Section 7.

Section 1008 of chapter 10 of title 11 of the 19 Code of the Federated States of Micronesia, as amended by 20 Public Law No.

11-72, is hereby further amended to read as 21 follows: 22 23 24 25 “Section 1008.

[New residents, temporary residents, and visitors in] (1) Travelers to the Federated States of Micronesia.

Visitors, new residents, and temporary 14 of 44 C.B.

NO.
NO.

17-128 residents in Travelers to the Federated States of Micronesia shall not import[, transport, purchase, use, or possess] any [firearm, dangerous device] weapon or ammunition into the Federated States of Micronesia without an [identification card] import permit issued pursuant to this chapter.
Any person who possesses any [firearms, dangerous devices,] weapon or ammunition [shall, before or immediately] upon his or her entrance into the Federated States of Micronesia[,] shall declare it and turn it in to a Customs officer or other authorized law enforcement officer at the port of entry [the Secretary, or his or her duly designated representative].
Such firearm, dangerous device, or ammunition shall be returned to such person upon his or her being issued an [identification card] import permit pursuant to the provisions of this chapter or upon his or her departure from the Federated States of Micronesia.
(2) For the purpose of this section, a person does not import a weapon or ammunition into the Federated States of Micronesia if the firearm or ammunition is in his or her possession or under his or her control: (a) on a vessel in the Territorial Sea of the Federated States of Micronesia or at an official 15 of 44 C.B.

NO.
NO.

17-128 port of entry; or (b) on an aircraft within the airspace of the Federated States of Micronesia or at an official port of entry, unless he or she lands such weapon or ammunition in the Federated States of Micronesia from such vessel or aircraft.
(3) Notwithstanding subsection (2), any use of a weapon or ammunition on a vessel in the Territorial Sea or on an aircraft within the airspace of the Federated States of Micronesia shall be subject to applicable state law, irrespective of whether the vessel or aircraft originated outside or within the Federated States of Micronesia.” Section 8.

Section 1009 of chapter 10 of title 11 of the 16 Code of the Federated States of Micronesia, as amended by 17 Public Law No.
11-72, is hereby further amended to read as 18 follows: “Section 1009.

Law enforcement officers.

(1) Possession, use, and carriage of [firearms,] weapons and ammunition [and dangerous devices] by national law enforcement officers derives from the laws governing the powers, functions and organization of the police and other organized forces of peace officers.

Eligibility of national law 16 of 44 C.B.

NO.


17-128 enforcement officers to possess, use, and carry [firearms,] weapons or ammunition [or dangerous devices] while on duty is not subject to [the holding of identification cards] state law or any other qualifications prescribed in this chapter.
Regulations issued pursuant to section 1029 of this chapter may include minimum qualifications for any national law enforcement officer authorized to carry [firearms,] weapons or ammunition [or dangerous devices] while on duty.

[(2) Transfer of any firearm from or to a law enforcement officer or agency shall, except as provided in subsection (1) of this section, be subject to the provisions of this chapter and regulations made pursuant thereto.
(3)](2) The head of any national[, state, or municipal] law enforcement agency of the Federated States of Micronesia shall furnish to the Department of Justice the names, addresses, ranks, and badge numbers or similar identification of each person on his or her force who is authorized to possess, use, and carry firearms in the course of his or her official duty.
Upon the occurrence of any changes in personnel to whom this subsection applies, the head of the law enforcement agency shall inform the Department of 17 of 44 C.B.

NO.

17-128 Justice promptly of the change.

(4) Whenever a national law enforcement officer is not engaged in official duties, this chapter, and any applicable state laws, regulations, or ordinances, shall be applicable to him or her in the same manner and to the same extent as to any other person.” Section 9.
Section 1010 of chapter 10 of title 11 of the 9 Code of the Federated States of Micronesia, as amended by 10 Public Law No.

11-72, is hereby further amended to read as 11 follows: “Section 1010.

Importation - Permits.

[Licenses for transfer-requirements.]


(1) Notwithstanding any restrictions in this chapter, the Secretary may import weapons and ammunition on behalf of the National Government, and shall put in place such regulations, policies, and procedures as may be necessary to ensure the safe and proper transfer, storage, carriage, and disposal of any such weapons or ammunition, and to restrict the carriage and use of such weapons to legitimate government purposes.
[No dealer, manufacturer or wholesaler shall transfer firearms, dangerous devices or ammunition except pursuant to a license section as provided in this section.]

18 of 44 C.B.

NO.
18 of 44 C.B.

NO.

17-128 (2) Other than as provided in subsection (1), aAny person, firm, corporation, association, government agency, or other entity proposing to [engage in the business of selling] import weapons or [firearms,] ammunition[, and] or [dangerous devices at retail] shall apply for an import permit [dealer's license].
The application shall be on a form approved by the Department of Justice and shall contain the following information: (a) the name and address of the applicant, including, if applicable, the address of each separate location within the Federated States of Micronesia at which the applicant proposes to do business pursuant to the [license] permit; (b) if the applicant is a partnership or association, the names and addresses of the partners or associates, or if the applicant is a corporation, the names and addresses of the officers and directors, and the names and addresses of any individuals who would be responsible for the custody of any weapons under the entity’s control; and (c) [such other] information bearing on the applicant's eligibility to receive a permit pursuant to section 1005, [ ability to operate the business in a manner consonant with the public safety] 19 of 44 C.B.
NO.

17-128 1 2 3 and other such relevant information as the Department of Justice may require.” Section 10.

Section 1011 of chapter 10 of title 11 of the 4 Code of the Federated States of Micronesia, as amended by 5 Public Law No.

11-72, is hereby further amended to read as 6 follows: “Section 1011.

[Dealer’s license] Import Permit - Issuance [inssuance].
(1) Upon receipt of a proper application and payment of the prescribed fee, the Department of Justice shall, within sixty days, issue an import permit [dealer's license] to an applicant, if he or she is found to be eligible therefor pursuant to this chapter and any applicable regulations of the Department of Justice.

[Such regulations shall place a reasonable limit on the number of dealer's licenses available.]
The [license] permit shall list the quantity and types of [firearms,] weapons and ammunition[, and dangerous devices] which the [dealer] applicant has been authorized to [offer for sale] import, and the address where they will be received.

(2) A [license] permit issued pursuant to this section shall be valid for [one year] six months from the date of its issuance, unless cancelled sooner[, suspended,] or revoked.

A [license] permit shall bear 20 of 44 C.B.

NO.


17-128 the expiration date thereof on its face.

[(3) A license issued pursuant to this section may be renewed annually upon application by the holder made on a form approved by the Department of Justice.
Eligibility for renewal shall be on the same terms and conditions as for an original license, except that renewal also may be denied on account of violation of this chapter or regulations of the Department of Justice made pursuant thereto or for any conduct in the operation of the applicant's business which gives the Department of Justice grounds to believe that the applicant will no longer operate in a manner consonant with the public safety.

]” Section 11.
]” Section 11.

Section 1012 of chapter 10 of title 11 of the 15 Code of the Federated States of Micronesia, as amended by 16 Public Law No.

11-72, is hereby further amended to read as 17 follows: “Section 1012.

Respect for state law.

[Dealer's license - Conduct of dealer's business.]


(1) The Department of Justice shall not issue any permit permitting the importation of any weapon or ammunition into a state where the possession of such weapon or ammunition is prohibited by state law, or to a person prohibited from possessing such weapon or ammunition under state law.

21 of 44 C.B.

NO.
21 of 44 C.B.

NO.

17-128 (2) On issuing a permit, the Department of Justice shall transmit a copy to the relevant law enforcement agency of the state where any weapons or ammunition will be received.

[The holder of a dealer's license shall: (1) display his or her license in a conspicuous place at all times at the establishment described in the license.
If a dealer has more than one place of business at which he or she sells firearms, dangerous devices, and ammunition or any of them, he or she shall display in the same manner a certified copy of his or her license at each such additional place of business; (2) keep the records and file the reports required by this chapter and regulations made pursuant thereto; (3) display no firearms, dangerous devices or ammunition in any place where they can be seen from outside the premises; (4) keep all firearms, dangerous devices and ammunition in a securely locked place at all times except when they are actually being shown to a customer or prospective customer or when actually being repaired or otherwise worked on; (5) permit only employees who are holders of 22 of 44 C.B.
NO.

17-128 identification cards making them eligible to purchase, possess and use firearms, ammunition, or dangerous devices, to have access to firearms, dangerous devices, or ammunition.

]” Section 12.

Section 1013 of chapter 10 of title 11 of the 6 Code of the Federated States of Micronesia, as amended by 7 Public Law No.

11-72, is hereby further amended to read as 8 follows: “Section 1013.

Records and reports [by dealers.]
(1) [Every licensed dealer shall maintain records containing an inventory of firearms, dangerous devices, and ammunition or any of them received, together with the name and address of the person from whom they were received, and the manufacturer, type and serial number of each firearm and dangerous device, the name and address of the person to whom it was transferred, the identification card number of such person, the manufacturer, type and serial number of the gun or dangerous device transferred and the date of transfer.
Such records shall be available for inspection at all reasonable times by the Secretary, and his or her duly designated representatives.

Such records shall be retained for at least five years.

(2)] Every person issued with an import permit under this chapter [dealer, at the time of any transfer 23 of 44 C.B.

NO.
17-128 of any firearm or dangerous device to any person other than a licensed dealer] shall, within [twenty four hours] seven days of [the transfer] receipt of any weapon or ammunition, supply the following information to the Department of Justice on a form approved by it: (a) the name[,] and address of the person from whom they were received [and license number of the dealer]; (b) the manufacturer, type, and, where applicable, serial number of any weapon or ammunition received [firearm or dangerous device transferred].
No firearm shall be transferred which does not have a serial number or from which the serial number has been removed, defaced, or altered;]; (c) the name[,] and address [and identification card number] of the transferee.” Section 13.

Section 1014 of chapter 10 of title 11 of the 18 Code of the Federated States of Micronesia, as amended by 19 Public Law No.

11-72, is hereby further amended to read as 20 follows: “Section 1014.

Reserved.

[Repair of firearms.


(1) No person, other than a dealer or manufacturer licensed pursuant to this chapter shall repair firearms or accept the same for repair.

(2) No person shall accept any firearms for 24 of 44 C.B.

NO.

17-128 repair unless he or she is shown an identification card evidencing eligibility of the holder to possess and use a firearm of the type offered for repair.
Prior to returning any such firearm, the manufacturer or dealer shall make and keep a record identical with that required for the purchase of a firearm pursuant to section 1013 of this chapter, and shall maintain such record for at least one year.]

(3) Nothing in this section shall be construed to prohibit the repair or maintenance of a firearm by the owner thereof.

]” Section 14.

Section 1015 of chapter 10 of title 11 of the 13 Code of the Federated States of Micronesia, as amended by 14 Public Law No.
11-72, is hereby further amended to read as 15 follows: “Section 1015.

Reserved.

[Transfer of ammunition.

(1) No person may transfer ammunition, unless he or she is a manufacturer, wholesaler or dealer licensed pursuant to this chapter.
If the transfer is other than to another manufacturer, wholesaler, or dealer, the transfer shall not be made until the transferor has ascertained that the transferee is the holder of an identification card evidencing eligibility to possess and use a firearm of the type for which the ammunition is suited.

Upon transfer the transferor 25 of 44 C.B.

NO.


17-128 shall record the quantity, type and caliber or gauge transferred, the name and address of the transferee and the number of the transferee's identification card.

(2) No transferee of ammunition shall transfer it to any person other than a dealer licensed pursuant to this chapter.
Upon receipt of ammunition, the dealer shall make and keep all records with respect to the ammunition in the manner required by this section for ammunition sold by him.

]” 10 Section 15.

Section 1016 of chapter 10 of title 11 of the 11 Code of the Federated States of Micronesia, as amended by 12 Public Law No.

11-72, is hereby further amended to read as 13 follows: “Section 1016.

Reserved.

[Transfer of firearms and dangerous devices.


No person other than a manufacturer, wholesaler, or dealer licensed pursuant to this chapter shall transfer a firearm or dangerous device to any person other than a manufacturer, wholesaler, or dealer without first ascertaining that the transferee is the holder of an identification card issued pursuant to this chapter.
Prior to any such transfer, the transferor shall furnish to the Department of Justice in person or by registered or certified mail, return receipt requested, a properly completed form approved by the Department of Justice 26 of 44 C.B.

NO.

17-128 1 2 3 4 providing information equivalent to that required to be furnished by a dealer upon the transfer by him of a firearm or dangerous device.

]” Section 16.
]” Section 16.

Section 1017 of chapter 10 of title 11 of the 5 Code of the Federated States of Micronesia, as amended by 6 Public Law No.

11-72, is hereby further amended to read as 7 follows: “Section 1017.

Reserved.

[Secured transactions in firearms.

(1) No person, other than a licensed dealer, shall receive a firearm as a pledge or pawn, or in any other manner as security.
(2) A dealer receiving a firearm as a pledge, pawn or otherwise as security, shall record promptly: (a) the date of receipt; (b) the full description of the item or items received, including the manufacturer, type, and serial number or numbers, if any; (c) the name and address of the person making the pledge, pawn, or other deposit as security; and (d) the number of said person's identification card.
(3) No dealer shall accept the pledge, pawn, or other deposit as security unless the person making 27 of 44 C.B.

NO.

17-128 the same exhibits an identification card evidencing his or her entitlement to possess and use a gun of the type involved.
(4) Upon the return or other disposition of the firearm in his or her possession pursuant to this section, the dealer shall make a record of the return or other disposition, including the date thereof and the name and address of the person to whom the firearm was returned or disposed.
No firearm shall be returned or disposed of to any person who, at the time of such return or disposition, does not exhibit a valid identification card issued in his or her own name and entitling him to possess and use the firearm involved.

]” Section 17.

Section 1018 of chapter 10 of title 11 of the 16 Code of the Federated States of Micronesia, as amended by 17 Public Law No.

11-72, is hereby further amended to read as 18 follows: “Section 1018.

Reserved.
Reserved.

[Manufacturer's and wholesaler's license.

(1) No person shall manufacture or deal in firearms, dangerous devices, or ammunition at wholesale unless: (a) he or she is the holder of a dealer's license issued pursuant to section 1011 of this 28 of 44 C.B.

NO.

17-128 chapter; or (b) he or she is the holder of a license issued pursuant to this section.
(2) Any person proposing to manufacture or deal at wholesale in firearms, dangerous devices, or ammunition, which person is not the holder of a dealer's license, shall make application for a manufacturer's or wholesaler's license.

Such application shall contain the same information required for a dealer's license and any additional information required by the Secretary, as may be appropriate to administer this chapter.
No manufacturer's license or wholesaler's license shall authorize transfer or delivery within the Federated States of Micronesia except to a licensed dealer, manufacturer, or wholesaler or to an authorized law enforcement agency in the Federated States of Micronesia or, subject to applicable laws of the Federated States of Micronesia, for export.
(3) The Department of Justice shall issue, renew, cancel, deny, suspend, or revoke manufacturers' and wholesalers' licenses on the same terms and subject to the same conditions as provided for dealers'licenses.

(4) Every manufacturer shall assign a unique 29 of 44 C.B.

NO.

17-128 serial number to each firearm he or she manufactures and shall inscribe such number in or on the firearm in such manner as will resist removal, alteration, defacement or obliteration.
The Department of Justice may make regulations for the style of such serial numbers and for the manner of their inscription.

]” Section 18.

Section 1019 of chapter 10 of title 11 of the 8 Code of the Federated States of Micronesia, as amended by 9 Public Law No.

11-72, is hereby further amended to read as 10 follows: “Section 1019.

Reserved.

[Registry of firearms and ammunition.

(1) The Department of Justice shall maintain a registry of firearms.
The records in the registry shall be kept permanently unless there is a record of the destruction of the gun.

(2) Records kept in the registry shall include all records required to be filed with the Department of Justice pursuant to this chapter, copies of all records filed with an agency or officer of local government pursuant to this chapter, and any records deposited with the Department of Justice pursuant to subsection (3) of this section.
(3) Any dealer, manufacturer, or wholesaler licensed pursuant to this chapter, upon his or her 30 of 44 C.B.

NO.

17-128 discontinuance of the licensed business or activity, shall transmit all records kept by him pursuant to this chapter to the Department of Justice.

(4) Records relating to the transfer or repair of firearms shall be kept by the Department of Justice for a period of at least five years after transmittal.
(5) Records in the registry shall not be public records.

They shall be made available only to law enforcement officers of the national, state and municipal governments of the Federated States of Micronesia, or at the discretion of the Department of Justice, to law enforcement officers and agencies of foreign governments.

]” Section 19.

Section 1020 of chapter 10 of title 11 of the 15 Code of the Federated States of Micronesia, as amended by 16 Public Law No.
11-72, is hereby further amended to read as 17 follows: “Section 1020.

Cancellation, denial, [suspension] and revocation of [licenses] permits.

(1) [Any license issued pursuant to this chapter shall be surrendered for cancellation immediately on the discontinuance or termination of business or upon the holder's discontinuing the manufacturing, selling, acquisition for sale or repair of firearms, and the sale of ammunition.

31 of 44 C.B.

NO.
31 of 44 C.B.

NO.

17-128 (2)] The issuing officer or agency may deny[, suspend] or revoke [an identification card or] a [license] permit issued pursuant to this chapter for failure of the applicant or holder to meet or continue to meet any of the requirements for eligibility therefor, or for any violation of this chapter or regulations in force pursuant thereto.
[(3)](2) The Department of Justice by regulation shall make classifications of crimes and other violations of this chapter or regulations in force thereunder.

Regulations made pursuant to this subsection shall set forth those crimes and violations for which [identification cards and licenses] permits may be [suspended or] revoked, and those for which the penalty must be revocation.

Such regulations shall be of general application.
[(4) Any person who, by reason of the suspension or revocation of his or her identification card, is no longer eligible to continue in possession of a firearm, dangerous device, or ammunition shall surrender any and all firearms, dangerous devices, and ammunition to the Secretary, or his or her duly designated representative, or shall dispose of the firearms, dangerous devices, and ammunition forthwith under the direction and supervision of the Secretary, 32 of 44 C.B.

NO.
NO.

17-128 or his or her duly designated representative.

In the case of suspension of an identification card, the owner of the firearm, dangerous device, or ammunition may request that the Department of Justice keep same during the period of suspension and, except as herein provided, the firearm, dangerous device, or ammunition shall be restored to the owner when he or she again becomes eligible to possess same and requests return.
Any firearm, dangerous device, or ammunition in the possession of the Secretary, or his or her duly designated representative, pursuant to this subsection may be disposed of, without compensation to the owner, upon revocation of the suspended identification card or at the end of sixty days after receipt or the date of termination of the suspension, whichever is later.
However, if proceedings in connection with the suspension or revocation are not yet finally determined, disposal shall not be until such final determination has been made.

(5)](3) Any denial[, suspension,] or revocation of [an identification card or] a [license] permit shall be subject to review by the Trial Division of the FSM Supreme Court upon petition by the aggrieved person.” Section 20.
Section 1021 of chapter 10 of title 11 of the 25 Code of the Federated States of Micronesia, as amended by 33 of 44 C.B.

NO.

17-128 1 Public Law No.

11-72, is hereby further amended to read as 2 follows: “Section 1021.

Shipment and delivery of [firearms, dangerous devices,] weapons and ammunition.
(1) No person shall ship, transport or deliver any [firearm, dangerous device,] weapons or ammunition from outside the Federated States of Micronesia to anyone other than a licensed manufacturer, wholesaler, dealer, or person who possesses a valid import permit for such weapons and ammunition [identification card].
(2) Any person who ships, transports or delivers [firearms or dangerous devices to a manufacturer, wholesaler, dealer, or] weapons or ammunition [person possessing an identification card] into the Federated States of Micronesia shall, before delivery, furnish to the Department of Justice an invoice listing his or her name and address, the name and address of the [manufacturer, wholesaler, dealer, or] person [possessing the identification card] to whom such [firearms or dangerous devices] weapons or ammunition are to be delivered, the place of origin of the shipment, and the [number of firearms and dangerous devices] manufacturer and quantity of weapons or ammunition of each type [, and the manufacturer and serial number of each firearm and dangerous device] in 34 of 44 C.B.
NO.

17-128 the shipment.
(3)[Any person who ships, transports or delivers ammunition to a manufacturer, wholesaler, dealer or person possessing an identification card in the Federated States of Micronesia shall, before delivery, furnish to the Department of Justice an invoice listing his or her name and address, the name and address of the manufacturer, wholesaler, dealer, or person possessing an identification card to whom the ammunition is to be delivered, the place of origin of the shipment, and the quantity of ammunition of each type in the shipment].
(4)] If shipment is by common carrier, a copy of the invoice required by subsection[s] (2) [and (3)] of this section shall also be delivered to the common carrier.

The common carrier shall deliver the invoice and any said shipment to local law enforcement authorities who will verify the accuracy of the shipment, and compliance with this chapter, before delivery to the [manufacturer, wholesaler, dealer, or] person possessing an identification card.
A copy of the invoice shall be left with the [manufacturer, wholesaler, dealer, or] person possessing a[n identification card] permit at the time of delivery.

[(5)] (4) If shipment is by other than common 35 of 44 C.B.

NO.

17-128 carrier, a copy of the invoice shall be furnished to the [manufacturer, wholesaler, dealer, or] person possessing a[n] [identification card] permit at the time of delivery.
[(6)] (5) No person shall ship, transport, or deliver [firearms, dangerous devices,] weapons or ammunition via air without first complying with international regulations pertaining to air shipment of [firearms, dangerous devices,] weapons or ammunition.” 10 Section 21.

Section 1022 of chapter 10 of title 11 of the 11 Code of the Federated States of Micronesia, as amended by 12 Public Law No.

11-72, is hereby further amended to read as 13 follows: “Section 1022.

Reserved.
Reserved.

[Loss, destruction or theft of firearms or dangerous devices.

Whoever owns or possesses a firearm, dangerous device, or ammunition shall, within twenty-four hours of discovery, notify the Department of Justice of the loss, theft, or destruction of any such firearm, dangerous device or ammunition, and, after such notice, of any subsequent recovery thereof.

]” Section 22.

Section 1023 of chapter 10 of title 11 of the 23 Code of the Federated States of Micronesia, as amended by 24 Public Law No.
11-72, is hereby further amended to read as 25 follows: 36 of 44 C.B.

NO.

17-128 “Section 1023.

Prohibited acts.
No person shall: (1) [knowingly remove, obliterate, or alter the importer's or manufacturer's serial number of any firearm; (2) knowingly deface, alter, or destroy an identification card; (3) acquire, possess, or use] import any firearm silencer or muffler; [(4) carry any gun or dangerous device while under the influence of alcohol or narcotic or other disabling drug; (5)] (2) import[, sell, transfer, give away, purchase, possess or use] any handgun, automatic weapon, rifle larger than .22 caliber, or shotgun larger than .410 gauge, or any other firearm; [(6)] (3) board or attempt to board any commercial aircraft while carrying any [firearm, dangerous device,] weapon or ammunition, either on his or her person or in his or her luggage.
Such [firearm, dangerous device,] weapon or ammunition shall be turned in prior to departure to an appropriate official or to the pilot of the airline or aircraft concerned, who shall keep a record of the name of the person turning in such [firearm, dangerous device,] weapon or ammunition, and the type and quantity turned in.

Upon 37 of 44 C.B.

NO.


17-128 completion of such person's travel, the official of the airline or pilot of the aircraft shall personally deliver the article or articles turned in to the Secretary, or his or her duly designated representative, or another authorized law enforcement officer, at the point of disembarkation.
If the point of disembarkation is in the Federated States of Micronesia, such person may recover the article or articles turned in upon either: (a) [presentation of a valid identification card or license for such article or articles to the police officer having custody thereof] providing proof of compliance with the relevant laws of all states in which the article or articles were or will be kept or transported or, if the point of embarkation was outside the Federated States of Micronesia, a valid import permit, or (b) departure from the Federated States of Micronesia; provided, however, that persons departing the Federated States of Micronesia via commercial aircraft shall be subject to the provisions of this section; [(7)] (4) use or attempt to use any [firearm, dangerous device,] weapon or ammunition in connection with or in aid of the commission of any crime against 38 of 44 C.B.
NO.

17-128 1 2 3 4 the laws of the Federated States of Micronesia, except those set forth under other provisions of this chapter.” Section 23.

Section 1024 of chapter 10 of title 11 of the 5 Code of the Federated States of Micronesia, as amended by 6 Public Law No.

11-72, is hereby further amended to read as 7 follows: “Section 1024.

Forfeiture.
Forfeiture.

All [firearms, dangerous devices, or] weapons and ammunition unlawfully [possessed, carried, used,] shipped, transported or delivered into the Federated States of Micronesia are declared to be inimical to the public safety and are forfeited to the Federated States of Micronesia.

When such forfeited articles are taken from any person, they shall be surrendered to the Department of Justice.

Section 24.
Section 24.

Section 1025 of chapter 10 of title 11 of the 17 Code of the Federated States of Micronesia, as amended by 18 Public Law No.

11-72, is hereby further amended to read as 19 follows: Section 1025.

Closing of establishments during emergencies.


In case of emergency concerning the public safety declared by the President, pursuant to chapter 8 of this title, all establishments dealing in [guns, dangerous devices,] weapons or ammunition may be ordered closed and required to remain closed during the 39 of 44 C.B.

NO.

17-128 continuance of the emergency.


During any such closure, any and all [guns, dangerous devices,] weapons and ammunition belonging to or in the keeping of a closed establishment may be impounded.” Section 25.

Section 1026 of chapter 10 of title 11 of the 6 Code of the Federated States of Micronesia, as amended by 7 Public Law No.

11-72, is hereby further amended to read as 8 follows: “Section 1026.

Reserved.
Reserved.

[Registration of weapons possessed on effective date of chapter.
(1) Any person having in his or her possession a firearm or dangerous device on the effective date of this chapter shall, within ninety days of such effective date, furnish, on a form approved by the Department of Justice, to the agency or officer authorized to receive information concerning the transfer of firearms or dangerous devices pursuant to this chapter, equivalent information concerning any firearm or dangerous device in his or her possession.
(2) If, prior to the expiration of the ninety day period provided in subsection (1) of this section, the firearm is transferred, the transferor shall comply with the provisions of this chapter for furnishing of information on transfer and need not comply with subsection (1) of this section.

]” 40 of 44 C.B.

NO.

17-128 1 Section 26.

Section 1027 of chapter 10 of title 11 of the 2 Code of the Federated States of Micronesia, as amended by 3 Public Law No.
11-72, is hereby further amended to read as 4 follows: “Section 1027.

Reserved.

[Surrender of and compensation for weapons held on effective date by ineligible persons.
Any person who possessed any firearm or dangerous device in the Federated States of Micronesia prior to the effective date of this chapter, and who is determined to be ineligible to possess or is prohibited from possessing such firearm or dangerous device under this chapter, shall tender such firearm or dangerous device to the Secretary or his or her duly designated representative within ninety days of the effective date of this chapter and be reasonably compensated therefor.

]” Section 27.
]” Section 27.

Section 1028 of chapter 10 of title 11 of the 18 Code of the Federated States of Micronesia, as amended by 19 Public Law No.

11-72, is hereby further amended to read as 20 follows: “Section 1028.

Local laws.

[Nothing in this chapter shall be deemed to prevent any state or municipal government from further restricting, by local law or ordinance, the transfer, possession, use, or carriage of firearms, ammunition, or dangerous devices.]

This 41 of 44 C.B.

NO.


17-128 1 2 3 chapter shall supersede all state laws and municipal ordinances in conflict with this act.” Section 28.

Section 1029 of chapter 10 of title 11 of the 4 Code of the Federated States of Micronesia, as amended by 5 Public Law No.

11-72, is hereby further amended to read as 6 follows: “Section 1029.

Regulations.
Regulations.

The Secretary shall have power to issue, amend, and repeal regulations implementing this chapter in the manner which is or may be provided by law, as may be required by the public interest, safety, and welfare.” Section 29.

Section 1030 of chapter 10 of title 11 of the 13 Code of the Federated States of Micronesia, as amended by 14 Public Law No.

11-72, is hereby further amended to read as 15 follows: “Section 1030.
Fees for permits [licenses and identification cards].

(1) The Secretary shall, by regulation, set reasonable fees for the issuance of import permits.

[fees for issuance and renewal of licenses and identification cards as required by this chapter shall be as follows: (a) for an identification card, $5; (b) for a dealer's license, $150; (c) for a manufacturer's license, $500; 42 of 44 C.B.

NO.
NO.

17-128 (d) for a wholesaler's license, $500; (e) for replacement of lost, destroyed, or defaced identification card, $5.]

(2) Fees collected pursuant to the provisions of this chapter shall be paid to the General Fund of the Federated States of Micronesia.” Section 30.

Section 1031 of chapter 10 of title 11 of the 8 Code of the Federated States of Micronesia, as amended by 9 Public Law No.
11-72, is hereby further amended to read as 10 follows: “Section 1031.

Penalties for violation of chapter.

[(1) Any person convicted of a violation of section 1007 or section 1022 of this act shall be imprisoned for not more than one year.
(2)] Any person convicted of a violation of any [other] provision of this chapter or any regulations issued pursuant thereto shall be imprisoned for not more than ten years, and shall be subject to confiscation of any [firearm, dangerous device,] weapon or ammunition, without compensation, involved in a violation of this act.
[The holder of any dealer's license, or the manager or supervisor of employees of any establishment so licensed, or both, shall be liable for any violation of this act by his or her employee or agent committed in the course of the dealer's business, 43 of 44 C.B.

NO.

17-128 to the same extent as such employee or agent.
(3) It shall be an affirmative defense under subsection (1) of this section, that the defendant was issued a valid identification card before the time of his or her arrest, but neglected to have it upon his or her person.

]” Section 31.

Effective date.

This act shall become 8 effective on October 1, 2015.

9 Section 32.

This act shall become law upon approval by 10 the President of the Federated States of Micronesia or upon its 11 becoming law without such approval.
12 13 Date: 3/28/12 Introduced by: /s/ Joseph J. Urusemal Joseph J. Urusemal 44 of 44