Gun laws in American Samoa: Difference between revisions
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| Magazine capacity restriction? || No || No || || |
| Magazine capacity restriction? || No || No || || |
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| Carry permits issued? || No || No || || |
| Carry permits issued? || No || No || || Concealed carry is illegal. |
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| Open carry? || Yes || Limited || || Open carry is legal for holders of a valid ''License to Possess'' which are required to purchase and possess firearms;<ref name="auto" /> 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.|last=User|first=Super|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.|last=User|first=Super|website=www.asbar.org}}</ref> |
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| 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=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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Revision as of 02:06, 25 June 2018
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 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? | Yes | Yes | Assault weapons and .50 BMG rifles prohibited. 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 | ||
| Carry permits issued? | No | No | Concealed carry is illegal. | |
| Open carry? | Yes | Limited | 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
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.[7]
Prohibited firearms and ammunition
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 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.[8] 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 Code Annotated".
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ Cite error: The named reference
autowas invoked but never defined (see the help page). - ^ User, Super. "46.4221 License-Required when". www.asbar.org.
{{cite web}}:|last=has generic name (help) - ^ User, Super. "46.4229 Sales to persons without licenses-Grandfather clause". www.asbar.org.
{{cite web}}:|last=has generic name (help) - ^ "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.