Gun laws in American Samoa: Difference between revisions
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| Open carry? || No || No || || Open carry is prohibited. |
| Open carry? || No || No || || Open carry is prohibited. |
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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= |
| 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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Revision as of 23:50, 29 January 2017
Gun laws in American Samoa regulate the sale, possession, and use of firearms and ammunition in the unincorporated territory of American Samoa. As American Samoa is an unincorporated territory of the United States, many U.S. federal laws apply, as well as Constitutional rulings and protections.[1][2]
Summary table
| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| Permit to purchase? | Yes | N/A | A license is required to purchase 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? | Yes | Yes | Assault weapons and .50 BMG rifles prohibited. | |
| Magazine capacity restriction? | Yes | Yes | ||
| Carry permits issued? | No | No | The territory does not issue concealed carry permits. | |
| Open carry? | No | No | Open carry is prohibited. | |
| NFA weapons restricted? | Yes | Yes | Explosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited.[3] | |
| Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Licensing process
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 prohibited and not accepted as a legitimate reason for a license. The police must approve any transfer of a firearm between persons.[4]
Prohibited firearms and ammunition
All firearms including automatic weapons, semi-automatic assault weapons, and handguns are prohibited from civilian possession. Civilians can only own 12-gauge, 16-gauge, 20-gauge and .410 shotguns and .22 calibre 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.[5] The ban on handguns is in direct conflict with the decisions in D.C. v Heller and McDonald v Chicago.
References
- ^ "American Samoa", Handgunlaw.us. Retrieved August 5, 2014.
- ^ "American Samoa Gun Law Guide", Bureau of Alcohol, Tobacco, and Firearms. Retrieved August 5, 2014.
- ^ "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.