Chapter 9: Weapons
Prohibition
§901.
Short title.
§902.
Definitions.
§903.
Exemptions from chapter.
§904.
Prohibition of weapons; penalties.
§905.
Forfeiture of weapons.
§906.
Surrender of weapons.
§907.
Severability.
This chapter shall be known and may be cited as the "Weapons Prohibition Act of 1981".
Source: YSL 2-48 §2, modified.
Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act and the Weapons Prohibition Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).
As used in this chapter, unless the context otherwise requires, the term:
(a) "Ammunition" means any projectile, including but not limited to bullets and buckshot along with its fuse and primer, if any, that is designed to be shot or expelled from a firearm.
(b) "Dangerous device" means any 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, 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.
(c) "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, or release, or an expansion of gas or air, including but not limited to guns and air guns, except a device designed or redesigned for use solely as a signaling, linethrowing, spearfishing, or industrial device.
Source: YSL 2-48 §2, as amended by YSL 4-7 §1, modified.
This chapter shall not apply
to:
(a) Law enforcement officers while engaged in official duty;
(b) Members of the armed forces of the United States, while engaged in official duty;
(c) Firearms, other than air guns, 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. Certification by the State Chief of Police that a firearm is unserviceable shall be a conclusive presumption that the firearm is unserviceable.
(d) Air guns which are owned by persons 18 years of age or older, provided that each air gun shall be registered each year with the State Chief of Police by its owner for an annual registration fee of $5.00. Air guns shall only be used or possessed by persons who are at least 18 years old. Persons under 18 years old but at least 15 years old may use air guns but only under direct parental or guardian supervision;
(e) Sellers and importers of air guns provided that the seller is duly licensed under the Yap State Business License Act, and provided further that the seller shall not release any air gun to any person unless that person presents to the seller a valid permit to own a specific air gun; and
(f) Purchasers of air guns who are 18 years of age or older provided that the purchaser has registered the specific air gun with the Chief of Police before taking possession of the air gun.
Source: YSL 2-48 §2, as amended by YSL 4-7 §2, modified.
Any person who shall manufacture, import, sell, transfer, acquire, purchase, possess or use any firearm, dangerous device or ammunition shall be guilty of a felony, and upon conviction thereof shall be imprisoned for not more than three years or fined not more than $1,000.00, or both.
Source: YSL 2-48 §2, modified.
All firearms, dangerous devices or ammunition possessed, carried, used, shipped, transported or delivered into the State are declared to be inimical to the public safety and shall be confiscated by the Chief of Police and forfeited to the State Government. Any firearm, dangerous device or ammunition confiscated from any person or place shall be delivered to the Office of the Attorney General for disposition or destruction.
Source: YSL 2-48 §2, modified.
Cross-reference: The statutory provision designating the composition and responsibilities of the Office of the Attorney General is found in section 128 of Title 3 (Executive) of this Code.
Any person who possesses any firearm, dangerous device or ammunition on the effective date of this chapter shall tender such firearm, dangerous device or ammunition to the Chief of Police or to any police officer within 60 days of said effective date and receive just compensation therefor. The Governor may extend this deadline for the neighboring islands. Likewise, not less than one year, or more than two years after the effective date of this chapter, and upon certification to the Legislature that it is in the public interest, the Governor by executive order may provide for a second "grace period" of 60 days with a similar extension for the neighboring islands. Such second grace period shall be preceded by a public education program. Any person who shall voluntarily surrender any firearm, dangerous weapon or ammunition pursuant to the provisions of this section shall not be subject to the penalties prescribed by section 904 of this chapter or section 1231 of the Trust Territory Weapons Control Act for such firearm, dangerous device or ammunition.
Source: YSL 2-48 §2, modified.
Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act and the Weapons Prohibition Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source: YSL 2-48 §2, modified.