Gun laws in American Samoa: Difference between revisions
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[[File:Map of USA AS.png|thumb |
[[File:Map of USA AS.png|thumb|Location of American Samoa in relation to the continental United States]] |
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'''Gun laws in American Samoa''' regulate the sale, possession, and use of [[firearm]]s and [[ammunition]] in the |
'''Gun laws in American Samoa''' regulate the sale, possession, and use of [[firearm]]s and [[ammunition]] in the [[Territories of the United States|unincorporated territory]] of [[American Samoa]].<ref>[http://www.handgunlaw.us/states/americansamoa.pdf "American Samoa"], Handgunlaw.us. Retrieved August 5, 2014.</ref><ref>{{Cite web |date=2019 |title=State Laws and Published Ordinances – American Samoa |url=https://www.atf.gov/firearms/docs/guide/american-samoa-firearms-statutes-and-codes/download |access-date=17 February 2023 |website=ATF}}</ref> |
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==Summary table== |
==Summary table== |
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| Concealed carry allowed? || N/A || No || || Concealed carry is illegal. |
| Concealed carry allowed? || N/A || No || || Concealed carry is illegal. |
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| License required for open carry? || Yes || Yes || || Open carry is legal for holders of a valid ''License to Possess'' which are required to purchase and possess firearms;<ref name="auto2">{{cite web|url=http://www.asbar.org/index.php?option=com_content&view=article&id=7412:46.4203-Unlawful-use-of-weapons.&catid=756&Itemid=172|title=46.4203 Unlawful use of weapons. |
| License required for open carry? || Yes || Yes || || Open carry is legal for holders of a valid ''License to Possess'' which are required to purchase and possess firearms;<ref name="auto2">{{cite web|url=http://www.asbar.org/index.php?option=com_content&view=article&id=7412:46.4203-Unlawful-use-of-weapons.&catid=756&Itemid=172|title=46.4203 Unlawful use of weapons. |website=www.asbar.org}}</ref> though ''Licenses to Possess'' have been restricted to only shotguns and rimfire rifles since 1991, effectively banning handguns.<ref>{{cite web|url=http://www.asbar.org/index.php?option=com_content&view=article&id=7418:46.4221-License-Required-when.&catid=756&Itemid=172|title=46.4221 License-Required when. |website=www.asbar.org}}</ref> Licenses issued for handguns and other firearms prior to 1991 are grandfathered as long as they remain valid.<ref>{{cite web|url=http://www.asbar.org/index.php?option=com_content&view=article&id=7426:46.4229-Sales-to-persons-without-licenses-Grandfather-clause.&catid=756&Itemid=172|title=46.4229 Sales to persons without licenses-Grandfather clause. |website=www.asbar.org}}</ref> |
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| NFA weapons restricted? || Yes || Yes || || Explosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited.<ref>{{Cite web|url=https://www.atf.gov/file/58536/download|title=State Laws and Published Ordinances – Firearms (31st Edition: 2010 – 2011)|website=Bureau of Alcohol, Tobacco, Firearms and Explosives|access-date=January 29, 2017}}</ref> |
| NFA weapons restricted? || Yes || Yes || || Explosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited.<ref>{{Cite web|url=https://www.atf.gov/file/58536/download|title=State Laws and Published Ordinances – Firearms (31st Edition: 2010 – 2011)|website=Bureau of Alcohol, Tobacco, Firearms and Explosives|access-date=January 29, 2017}}</ref> |
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| Peaceable journey laws? || No || No || || Federal law (FOPA) applies. |
| Peaceable journey laws? || No || No || || Federal law (FOPA) applies. |
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==Licensing process== |
==Licensing process== |
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American Samoa has a very stringent and restrictive licensing process necessary in order to purchase a firearm in American Samoa. A person has to be 21 to get a weapons license along with several other requirements. A person who wants to obtain a license to possess a firearm must provide genuine reason why the firearm may be required. The applicant must provide signed affidavits testifying to their good character and their stated need for each firearm from the village mayor, county chief and the police. The most commonly accepted reasons for ownership are plantation protection and hunting but ownership for self-defense is |
American Samoa has a very stringent and restrictive licensing process necessary in order to purchase a firearm in American Samoa. A person has to be 21 to get a weapons license along with several other requirements. [[Open carry]] is allowed with a weapons license, [[Concealed carry in the United States|concealed carry]] is illegal. A person who wants to obtain a license to possess a firearm must provide genuine reason why the firearm may be required. The applicant must provide signed affidavits testifying to their good character and their stated need for each firearm from the village mayor, county chief and the police. The most commonly accepted reasons for ownership are plantation protection and hunting but ownership for self-defense is not a valid reason for a license to own a gun in American Samoa. The police must approve any transfer of a firearm between persons.<ref>[http://www.gunpolicy.org/firearms/region/american-samoa "American Samoa — Gun Facts, Figures and the Law"], Gunpolicy.org. Retrieved August 5, 2014.</ref> |
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==Prohibited firearms and ammunition== |
==Prohibited firearms and ammunition== |
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All firearms including automatic firearms, semi-automatic rifles, and handguns are prohibited from civilian possession. Civilians can only own 12-gauge, 16-gauge, 20-gauge and .410 shotguns and .22 caliber rifles with a license. They also can only own ammunition for those types of firearms with a license; possession of any other type of ammunition, whether the person has a license or not, is illegal.<ref>[http://cd.textfiles.com/group42/WEAPONS/LAWS/ASSL.HTM "American Samoa Firearms Law"], American Samoa Territorial Law. Retrieved August 5, 2014.</ref> |
All firearms including automatic firearms, semi-automatic rifles, and handguns are prohibited from civilian possession. Civilians can only own 12-gauge, 16-gauge, 20-gauge and .410 shotguns and .22 caliber rifles with a license. They also can only own ammunition for those types of firearms with a license; possession of any other type of ammunition, whether the person has a license or not, is illegal.<ref>[http://cd.textfiles.com/group42/WEAPONS/LAWS/ASSL.HTM "American Samoa Firearms Law"], American Samoa Territorial Law. Retrieved August 5, 2014.</ref> |
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==References== |
==References== |
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{{Gun laws in the United States by state}} |
{{Gun laws in the United States by state}} |
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[[Category:American Samoa |
[[Category:Law of American Samoa]] |
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[[Category:United States gun laws by state|American Samoa]] |
[[Category:United States gun laws by state|American Samoa]] |
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Latest revision as of 06:40, 16 July 2024
Gun laws in American Samoa regulate the sale, possession, and use of firearms and ammunition in the unincorporated territory of American Samoa.[1][2]
Summary table
[edit]| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| Permit required to purchase? | Yes | N/A | A license is required to possess or import long guns or ammunition. Handguns are prohibited for civilian possession despite D.C. v Heller and McDonald v Chicago. | |
| Firearm registration? | Yes | Yes | All firearms must be registered with the American Samoa Public Safety Department. | |
| Assault weapon law? | No | No | All handguns and centerfire firearms banned; Only 12, 16, 20 and 410 gauge shotguns and shotgun shells and 22 caliber rifles and their ammunitions are allowed | |
| Magazine capacity restriction? | No | No | ||
| Concealed carry allowed? | N/A | No | Concealed carry is illegal. | |
| License required for open carry? | Yes | Yes | Open carry is legal for holders of a valid License to Possess which are required to purchase and possess firearms;[3] though Licenses to Possess have been restricted to only shotguns and rimfire rifles since 1991, effectively banning handguns.[4] Licenses issued for handguns and other firearms prior to 1991 are grandfathered as long as they remain valid.[5] | |
| NFA weapons restricted? | Yes | Yes | Explosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited.[6] | |
| Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Licensing process
[edit]American Samoa has a very stringent and restrictive licensing process necessary in order to purchase a firearm in American Samoa. A person has to be 21 to get a weapons license along with several other requirements. Open carry is allowed with a weapons license, concealed carry is illegal. A person who wants to obtain a license to possess a firearm must provide genuine reason why the firearm may be required. The applicant must provide signed affidavits testifying to their good character and their stated need for each firearm from the village mayor, county chief and the police. The most commonly accepted reasons for ownership are plantation protection and hunting but ownership for self-defense is not a valid reason for a license to own a gun in American Samoa. The police must approve any transfer of a firearm between persons.[7]
Prohibited firearms and ammunition
[edit]All firearms including automatic firearms, semi-automatic rifles, and handguns are prohibited from civilian possession. Civilians can only own 12-gauge, 16-gauge, 20-gauge and .410 shotguns and .22 caliber rifles with a license. They also can only own ammunition for those types of firearms with a license; possession of any other type of ammunition, whether the person has a license or not, is illegal.[8]
References
[edit]- ^ "American Samoa", Handgunlaw.us. Retrieved August 5, 2014.
- ^ "State Laws and Published Ordinances – American Samoa". ATF. 2019. Retrieved 17 February 2023.
- ^ "46.4203 Unlawful use of weapons". www.asbar.org.
- ^ "46.4221 License-Required when". www.asbar.org.
- ^ "46.4229 Sales to persons without licenses-Grandfather clause". www.asbar.org.
- ^ "State Laws and Published Ordinances – Firearms (31st Edition: 2010 – 2011)". Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved January 29, 2017.
- ^ "American Samoa — Gun Facts, Figures and the Law", Gunpolicy.org. Retrieved August 5, 2014.
- ^ "American Samoa Firearms Law", American Samoa Territorial Law. Retrieved August 5, 2014.