PLEASE NOTE: In addition to territorial laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearms Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and territory laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances - Firearms, available from the U.S. Government Printing Office, Washington, D.C. 20402.
The National Rifle Association does not publish a summary-of-laws brochure dealing specifically with the laws of the Territory of American Samoa. We have included below the law text of the section dealing with American Samoa's firearm laws as found in the Firearms State Laws and Published Ordinances, 1994 edition, distributed by the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, as a service to NRA members and other users of the NRA's computer services. The NRA takes no responsibility as to the completeness of the information below; please see the cautionary statement at the end of this file.
American Samoa Territorial Law
American Samoa Code
Title 46, Chapter 42: Weapons
46.4201 Definitions.****
(d) "Firearm" means any weapon that is designed or adapted
to expel a projectile by the action of an explosive.
(e) "Firearm silencer" means any instrument attachment, or
appliance that is designed or adapted to muffle the noise made by
the firing of any firearm.****
(j) "Machine gun" means any firearm that is capable of
firing more than 2 shots automatically without manual reloading,
by a single function of the trigger. ****
(l) "Rifle" means any firearm designed or adapted to be
fired from the shoulder and to use the energy of the explosive in
a fixed metallic cartridge to fire a projectile through a rifled
bore by a single function of the trigger.
(m) "Short barrel" means a barrel length of less than 16"
for a rifle and 18" for a shotgun, or an overall rifle or shotgun
length of less than 26."
(n) "Shotgun" means any firearm designed or adapted to be
fired from the shoulder and to use the energy of the explosive in
a fixed shotgun shell to fire a number of shot or a single
projectile through a smooth-bore barrel by a single function of
the trigger. ****
46.4202 Prohibited weapons.
(a) A person commits a crime if he knowingly possesses,
manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machinegun;****
(4) a short barreled rifle or shotgun;
(5) a firearm silencer;****
(b) A person does not commit a crime under this section if his
conduct:
(1) was incident to the performance of official duty by the
armed forces, a governmental law enforcement agency, or a penal
institution;
(2) was Incident to engaging in a lawful commercial or
business transaction with an organization listed in paragraph
(b)(1); or
(3) was incident to using an explosive weapon in a manner
reasonably related to a lawful industrial or commercial
enterprise;
(4) was incident to displaying the weapon in a public
museum or exhibition; or
(5) was incident to dealing with the weapon solely as a
curio, ornament, or keepsake, or to using it in a manner
reasonably related to a lawful dramatic performance; but if the
weapon is a type described in paragraph (a)(1), (3), (4) or (5),
it must be in a nonfunctioning condition that it cannot readily
be made operable. No machine gun may be possessed, manufactured,
transported, repaired, or sold as a curio, ornament, or keepsake
even if it is inoperable and cannot readily be made operable.
(c) The defendant has the burden of injecting the issue of an
exemption under subsection (b).
****
(d) A crime under paragraph (a)(1), (2), (3), (4) or (5) is a
class C felony; a crime under paragraph (a)(6), (7) or (8) is a
class A misdemeanor.
46.4205 Possession of a defaced firearm.
(a) A person commits the crime of possession of a defaced
firearm if he knowingly possesses a firearm which does not have
the manufacturer's or importer's serial number engraved or cast
on the receiver or frame of the firearm.
(b) Possession of a defaced firearm is a class B
misdemeanor.
46.4206 Unlawful transfer of weapons.
(a) A person commits the crime of unlawful transfer of weapons
if he:
(1) knowingly sells, leases, loans, gives away, or delivers
a firearm or ammunition for a firearm to any person, who, under
the provisions of 46.4207, is not lawfully entitled to possess
it;
(2) knowingly sells, leases, loans, gives away, or delivers
a **** rifle, shotgun **** to a person less than 18 years old
without the consent of the child's custodial parent or guardian,
or recklessly sells, leases, loans, gives away, or delivers any
other firearm to a person less than 18 years old; provided, that
this does not prohibit the delivery of those weapons to any peace
officer or member of the armed forces while performing his
official duty; or
(3) recklessly sells, leases, loans, gives away or delivers
a firearm or ammunition for a firearm to a person who is
intoxicated.
(b) Unlawful transfer of weapons under paragraph (a)(1) is a
class D felony; unlawful transfer of weapons under paragraphs
(a)(2) and (3) is a class A misdemeanor.
46.4207 Unlawful possession of firearms and firearm ammunition.
(a) A person commits the crime of unlawful possession of a
firearm or firearm ammunition if he has any firearm or firearm
ammunition in his possession, and
(1) he has been convicted of a dangerous felony or confined
therefor in this territory or elsewhere during the 5-year period
immediately preceding the date of that possession; or
(2) he is a fugitive from justice, an habitual drunkard, a
drug addict, or is currently adjudged mentally incompetent.
(b) Unlawful possession of a firearm or firearm ammunition is a
class C felony.
46.4220 Definition of "arms."
As used in 46.4220 through 46.4234, "arms" includes guns,
rifles, pistols, air rifles, air pistols, gas rifles, gas
pistols, ammunition, shells, cartridges, gunpowder, dynamite,
nitroglycerine, blasting powder, fireworks, and all other
firearms and explosives and materials for the manufacture of the
same.
46.4221 License - Required when.
(a) It is unlawful for any person, whether permanently or
temporarily resident within American Samoa or whether on shore or
on board any vessel, anchored, moored, or docked in any harbor in
American Samoa, to have in his possession any arms without first
having obtained a license from to the commissioner of public
safety.
(b) A license to possess arms shall not be issued by the
commissioner of public safety unless the application therefor has
been approved by the attorney general.
(c) A license shall be issued only for the ownership and
possession of 12, 16, 20 and 410 gauge shotguns and shotgun
shells and 22 caliber rifles.
46.4222 License- Required for import.
(a) It is unlawful for any person to import arms into
American Samoa without having obtained a license therefor from
the commissioner of public safety.
(b) A license to import arms shall not be issued by the
commissioner of public safety unless the application for the
license has been approved by the attorney general.
(c) Unless otherwise authorized, only those shotguns and
rifles referred to in section 46.4221 (c) ASCA may be imported
with license.
46.4223 License - Required for sale of arms.
(a) It is unlawful for any person to sell or in any other
way transfer the right of possession of any arms without having
obtained from the commissioner of public safety a license to sell
arms. The application for such license shall contain such
information as may be required by the commissioner of public
safety.
(b) A license to sell arms shall not be issued by the
commissioner of public safety unless the application for the
license has been approved by the attorney general. No license
shall be issued for the sale of arms other than shotguns and .22
caliber rifles as set out in 46.4221(c) and ammunition therefor.
46.4224 License - Information required.
(a) Every person who obtains a license to possess, import,
or sell arms shall, upon the written request of the Governor or
his designated representative, furnish such information
concerning such arms as may be reasonably required.
(b) Each license issued shall specify the number, quantity,
and description of the arms which may be possessed, imported, or
sold, or otherwise transferred under it. ****
46.4226 License - Revocation. Any license issued under authority
of this title may be altered or revoked by the Governor or his
designated representative at any time for good cause.
46.4227 License-Renewal
(a) Licenses to possess arms shall expire in 10 January of
the year following their issue. Each holder of a license to
possess arms shall, between the 1st and 10th of January of each
year, submit his license to possess arms for the previous year,
together with the annual license fee, to the commissioner of
public safety.
(b) The commissioner of public safety may renew the license
with or without examining the arms for which the license is to be
issued; but the holder of the license shall, upon the demand of
the commissioner of public safety submit the arms to him for
examination.
46.4229 Sales to persons without licenses
(a) No person shall sell or otherwise transfer any arms to
any person who does not hold a valid and existing license to
possess the particular firearms to be sold. ****
46.4233 Authorized possession and use of arms without license.
(a) This chapter does not prohibit the possession and use
of arms and other police weapons by any member of the police
force, armed forces of United States or employees of the
government of the United States and law enforcement officers of
other states or territories if these arms are properly issued by
the issuing authorities and are brought into the Territory in the
course of performing official duties.
(b) The Governor or his designated representative may
authorize the pulenu'u or police of any village to possess and
use arms in connection with his official duties without first
obtaining a license therefor.
(c) The Governor may enter into reciprocal agreements with
states whose law enforcement officers may be assigned on official
duty in the Territory to permit these law enforcement officers to
carry firearms without registration.
46.4234 Violation Penalty-Disposition of confiscated arms.
(a) Any person who violates any of the provisions of this
chapter or who refuses to obey any lawful order issued under the
authority of this chapter is guilty of a class A misdemeanor and
shall, upon conviction, be sentenced accordingly, and any arms
involved may be confiscated by the government.
CAUTION: State and territorial firearms laws are subject to
frequent change. The above section is not to be considered as
legal advice or a restatement of law. To determine the
applicability of these laws to specific situations which you may
encounter, you are strongly urged to consult a local attorney.
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030