Gun laws in American Samoa

Last updated
Location of American Samoa in relation to the continental United States Map of USA AS.png
Location of American Samoa in relation to the continental United States

Gun laws in American Samoa regulate the sale, possession, and use of firearms and ammunition in the unincorporated territory of American Samoa. [1] [2]

Contents

Summary table

Subject/LawLong gunsHandgunsRelevant statutesNotes
Permit required to purchase?YesN/AA 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?YesYesAll firearms must be registered with the American Samoa Public Safety Department.
Assault weapon law?NoNoAll 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?NoNo
Concealed carry allowed?N/ANoConcealed carry is illegal.
License required for open carry?YesYesOpen 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?YesYesExplosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited. [6]
Peaceable journey laws?NoNoFederal 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. 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

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]

Related Research Articles

Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.

<span class="mw-page-title-main">National Firearms Act</span> 1934 US law regulating firearms including machine guns

The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236 was enacted on June 26, 1934, and currently codified and amended as I.R.C. ch. 53. The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I.

In the United Kingdom, access by the general public to firearms is subject to some of the strictest control measures in the world. However, fulfilment of the criteria and requirements as laid out by the laws results in the vast majority of firearm licence applications being approved. Laws differ slightly in Northern Ireland due to Northern Ireland having its own firearms legislation. Concerns have been raised over the availability of illegal firearms.

Firearms regulation in Finland incorporates the political and regulatory aspects of firearms usage in the country. Both hunting and shooting sports are common hobbies. There are approximately 300,000 people with hunting permits, and 34,000 people belong to sport shooting clubs. Over 1,500 people are licensed weapons collectors. Additionally, many reservists practice their skills using their own semi-automatic rifles and pistols after the military service.

Gun laws in Pakistan allow for the ownership of firearms in the country by the general population. Pakistan is one of the biggest open firearms markets in the world, and is in the modern era also known for its indigenous gunsmith tradition. The country is famous for producing clones of almost every notable weapon of the world. Although firearms are widely owned, heavy weaponry is only permitted in tribal areas within the province of Khyber Pakhtunkhwa. This includes the circulation of rocket-propelled grenades, short, medium, and long-range rockets, anti-aircraft guns, mortars and other types of firearms.

<span class="mw-page-title-main">Firearms regulation in Switzerland</span>

Firearms regulation in Switzerland allows the acquisition of semi-automatic, and – with a may-issue permit – fully automatic firearms, by Swiss citizens and foreigners with or without permanent residence. The laws pertaining to the acquisition of firearms in Switzerland are amongst the most liberal in the world. Swiss gun laws are primarily about the acquisition of arms, and not ownership. As such a license is not required to own a gun by itself, but a shall-issue permit is required to purchase most types of firearms. Bolt-action rifles do not require an acquisition permit, and can be acquired with just a background check. A reason is not required to be issued an acquisition permit for semi-automatics unless the reason is other than sport-shooting, hunting, or collecting. Permits for concealed carrying in public are issued sparingly. The acquisition of fully automatic weapons, suppressors and target lasers requires special permits issued by the cantonal firearms office. Police use of hollow point ammunition is limited to special situations.

<span class="mw-page-title-main">Firearm Owners Protection Act</span> 1986 United States federal gun control law

The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968.

<span class="mw-page-title-main">Short-barreled rifle</span> Weapon

Short-barreled rifle broadly refers to any rifle with an unusually short barrel. The term carbine describes a production rifle with a reduced barrel length for easier handling in confined spaces. Concern about concealment for illegal purposes has encouraged regulations specifying minimum barrel lengths and overall lengths.

<span class="mw-page-title-main">Title II weapons</span> Class of weapons under the National Firearms Act

Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA).

The gun laws of New Zealand are contained in the Arms Act 1983 statute, which includes multiple amendments including those that were passed subsequent to the 1990 Aramoana massacre and the 2019 Christchurch mosque shootings.

Gun laws in Norway incorporates the political and regulatory aspects of firearms usage in the country. Citizens are allowed to keep firearms. The acquisition and storage of guns is regulated by the state.

In Germany, access to guns is controlled by the German Weapons Act which adheres to the European Firearms Directive, first enacted in 1972, and superseded by the law of 2003. This federal statute regulates the handling of firearms and ammunition as well as acquisition, storage, commerce and maintenance of firearms.

This is a list of laws concerning air guns by country.

Criminal possession of a weapon is the unlawful possession of a weapon by an individual.

Gun control in Italy incorporates the political and regulatory aspects of firearms usage in the country within the framework of the European Union's Firearm Directive. Different types of gun licenses can be obtained from the national police authorities. According to a 2007 study by The Small Arms Survey Project, the per capita gun ownership rate in Italy is around 12% with an estimated 7 million registered firearms in circulation.

In Honduras, the commerce, ownership, possession and use of firearms is regulated. Escalation in crime and the use of firearms in the commission of crimes and homicides has brought political and public discourse to consider regulation of arms.

<span class="mw-page-title-main">Gun laws in Illinois</span>

Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.

Ukrainian law allows firearm ownership on may-issue basis. With approximately 10 civilian firearms per 100 people, Ukraine is the 88th most armed country in the world per capita, and 22nd overall.

Uruguayan law allows firearm possession on shall-issue basis. With approximately 35 civilian firearms per 100 people, Uruguay is the eighth most armed country in the world and most armed in Latin America.

Austrian law allows firearm possession on shall-issue basis with certain classes of shotguns and rifles available without permit. With approximately 30 civilian firearms per 100 people, Austria is the 14th most armed country in the world.

References

  1. "American Samoa", Handgunlaw.us. Retrieved August 5, 2014.
  2. [hhttps://www.atf.gov/firearms/docs/guide/american-samoa-firearms-statutes-and-codes/download "State Laws and Published Ordinances – American Samoa"]. ATF. 2019. Retrieved 17 February 2023.
  3. "46.4203 Unlawful use of weapons". www.asbar.org.
  4. "46.4221 License-Required when". www.asbar.org.
  5. "46.4229 Sales to persons without licenses-Grandfather clause". www.asbar.org.
  6. "State Laws and Published Ordinances – Firearms (31st Edition: 2010 – 2011)". Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved January 29, 2017.
  7. "American Samoa — Gun Facts, Figures and the Law", Gunpolicy.org. Retrieved August 5, 2014.
  8. "American Samoa Firearms Law", American Samoa Territorial Law. Retrieved August 5, 2014.