Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694844060610.pdf (Micronesia, Federated States of)
TWELFTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2001 C.B.

NO.

____12-5_____ A BILL FOR AN ACT To further amend title 11 of the Code of the Federated States of Micronesia, as amended, by amending sections 1005 and 1031, as enacted by Public Law No.

11-72, to extend identification cards to require a yearly description of firearms and dangerous devices, to provide for the cancellation of citations when a valid identification card is produced, and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Section 1005 of title 11 of the Code of the Federated 2 States of Micronesia, as enacted by Public Law No.

11-72, is hereby 3 amended to read as follows: "Section 1005.

Identification cards required; issuance.

(1) 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 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: CBL 12-8 C.B.

NO.
NO.

____12-5____ (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] four 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 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 2 of 8 C.B.

NO.
NO.

____12-5____ 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 sixty days from the date of application.

An identification card issued pursuant to this section shall be valid for [two] four 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] once every four years upon application by the holder made on the form approved by the Department of Justice.
(5) A person issued an identification card, on the anniversary of issuance thereof, shall provide the Department of Justice, in person, by telephone, in writing, or by such other additional means as may be specified by regulation, a complete description and serial number, if any, of each firearm or dangerous device the cardholder owns or possesses.
([5]6) No person shall be issued an identification card if he or she has been: (a) acquitted of any criminal charge by reason of insanity; 3 of 8 C.B.

NO.
NO.

____12-5____ (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 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.
([6]7) No person shall be issued an identification card unless that person is at least twenty-one (21) years of age at the time of application therefor.

([7]8) No person shall be issued an identification card if he or she has a physical condition or impairment which makes him unable to use a firearm or dangerous device with proper control.
([8]9) Any person suffering from a physical or mental defect, condition, illness, or impairment which would make him ineligible for an identification card 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 4 of 8 C.B.

NO.

____12-5____ incapable of possessing and using a firearm or dangerous device without danger to the public safety, the identification card may be issued.

But no such card shall be valid for a period longer than six months.
([9]10) Any person who is ineligible for an identification card 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 time of application for the identification card 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 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]11) 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 5 of 8 C.B.

NO.

____12-5____ 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 identification card within forty- eight hours of such change.
([11]12) A person who is neither a citizen nor resident of the Federated States of Micronesia shall not be eligible for an identification card, except upon receiving special permission from the Secretary."

Section 2.

Section 1031 of title 11 of the Code of the Federated 13 States of Micronesia, as enacted by Public Law No.

14 11-72, is hereby amended to read as 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, 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 6 of 8 C.B.

NO.

____12-5____ 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, to the same extent as such employee or agent.
(3) It shall be an affirmative defense under [subsection (1) of this] section 1007 of this title, 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.

A citation shall be cancelled if the defendant produces the valid identification card to the Department of Justice within twenty-four (24) hours after being cited."

Section 3.
Section 3.

This act shall become law upon approval by the 13 President of the Federated States of Micronesia or upon its becoming 14 law without such approval.

15 16 17 Date: _____________ Introduced by: __________________________ Peter M. Christian of 8 C.B.

NO.

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