Home | Databases | WorldLII | Search | Feedback Marshall Islands Revised Code 2012

  Download original PDF

Firearms Control Act 1983 [7 MIRC Ch.12]

MARSHALL ISLANDS

REVISED CODE 2012

TITLE 7

PUBLIC HEALTH SAFETY AND WELFARE

CHAPTER 12.

FIREARMS CONTROL

ARRANGEMENT OF SECTIONS

Section

§1201. Short title.
§1202. Interpretation.
§1203. Firearms control.
§1204. Special cases of need.
§1205. Identification card.
§1206. Surrender of firearms.
§1207. The prescribed date.
§1209. Regulations.

________________________________

An Act to provide for the control of firearms.[Section numbering style modified to conform to new Code format [Rev2003]

Commencement: February 11, 1983

Source: P.L. 1983-17

§1201. Short title.

This Chapter may be cited as the "Firearms Control Act 1983". [P.L. 1983-17, §1.]

§1202. Interpretation.

In this Chapter:

(a) "airgun" means a device which hurls a projectile by means of the release or expansion of carbon dioxide or air, other than a device designed or redesigned for use solely as a signaling, line-throwing, spear-fishing or industrial device;

• (b) "automatic weapon" has the same meaning as in the Weapons Control Act;

• (c) "concealable firearm" means a firearm with a barrel length, including any revolving, detachable or magazine breech, not exceeding nine inches;

• (d) "firearm" has the same meaning as in the Weapons Control Act, except that it includes an airgun, and automatic weapon;

• (e) "prescribed date" means the date fixed under Section 1207 of this Chapter;

• (f) "semiautomatic weapon" has the same meaning as in the Weapons Control Act. [P.L. 1983-17, §2.]
  

§1203. Firearms control.

Subject to Section1204 of this Chapter and notwithstanding any thing in the Weapons Control Act:

• (a) an identification card shall not be issued under that Act with respect to a firearm; and

• (b) on the prescribed date, all identification cards issued under that Act are canceled and cease to have effect. [P.L. 1983-17, §3.]
  

§1204. Special cases of need.

(1) Subject to Subsections (2) and (3) of this Section and notwithstanding Section 1203 of this Chapter, if the Attorney-General is satisfied that:

• (a) a person has a genuine need for a firearm of a particular type;

• (b) he can be trusted to possess, carry and use a firearm of that type with safety to himself and others, and in accordance with the Weapons Control Act and any other applicable law; and

• (c) he otherwise complies with the provisions of the Weapons Control Act relating to the issuance of identification cards in relation to firearms of that type, the Attorney-General may issue an identification card under that Act to that person in relation to a firearm of that type.

(2) Subsection (1) of this Section does not permit the issuance of an identification card if the card would not have been issued under the Weapons Control Act, in the absence of this Chapter .

(3) Except as provided in the regulations made under Section 1208 of this Chapter, Subsection (1) of this Section does not apply to or in relation to:

• (a) concealable firearms or other pistols or revolvers;

• (b) firearms that have been reduced in length; or

• (c) automatic or semiautomatic weapons. [P.L. 1983-17, §4.]
  

§1205. Identification card.

An identification card issued under the Weapons Control Act by virtue of Section 1204 of this Chapter:

(a) relates only to the specific firearms listed thereon, the details of which are entered on the card; and

(b) expires at the end of the period of twelve (12) months after its issue. [P.L. 1983-17, §5.]

§ 1206. Surrender of firearms.

(1) A person who is lawfully in possession of a firearm may, on or before the prescribed date, surrender the firearm to the office of the Attorney-General or his delegate.

(2) A person who surrenders a firearm in accordance with Subsection (1) of this Section is entitled to prompt and just compensation for it, which compensation shall be calculated as if Section 1203 of this Chapter had not been passed. [P.L. 1983-17, §6.]

§1207. The prescribed date.

The Cabinet may, by written notice, fix a date for the purposes of Section 1203(b) of this Chapter, which in its opinion, occurs sufficiently long after the effective date of this Chapter so that persons affected by it have a reasonable time to minimize any resultant loss. [P.L. 1983-17, §7.]

§1208. Regulations.

(1) The Cabinet may make regulations, not inconsistent with this Chapter, prescribing all matters that are necessary or convenient for the furtherance of the purposes of this Chapter, and in particular for:

(a) exempting from the operation of Section 1204(1) of this Chapter any firearm or type of firearm to which Section 1204(3) of this Chapter applies in cases where the Cabinet is satisfied that there is a special, genuine need for the issuance of an identification card under Section 1204 of this Chapter and the card can be issued with safety to the possessor of the firearm and to others; and

• (b) prescribing the form and contents of identification cards issued under the Weapons Control Act by virtue of Section 1204 of this Chapter .

(2) Regulations made under Subsection (1)(a) of this Section may provide exemptions subject to conditions. [P.L. 1983-17, §9.][Section was formerly numbered as 1209, re-numbered as 1208 former 1208 was "Reserved"]