American Samoa Gun Laws: Comprehensive 2026 Overview
American Samoa sits thousands of miles from the U.S. mainland in the South Pacific, and its approach to firearms regulation is just as distant from what most Americans expect. Gun laws in American Samoa are among the most restrictive under the U.S. flag, shaped by a unique blend of territorial status, local governance, and cultural tradition. Here's everything you need to know heading into 2026.
Key Takeaways
American Samoa has some of the strictest gun laws of any U.S. jurisdiction. Civilian ownership is limited to low-caliber long guns, and no person may carry a firearm for self defense.
Only .22 caliber rifles and 12-, 16-, 20-, and .410-gauge shotguns are lawful for civilians, effectively banning handguns, semi automatic rifles, and most other firearms.
A 2024 High Court of American Samoa ruling held the Second Amendment does not apply in the territory, meaning residents do not have a constitutional right to bear arms.
All firearms must be licensed and registered through the Commissioner of Public Safety, and unlawful possession of firearms or ammunition is a class c felony punishable by up to seven years imprisonment or a $5,000 fine.
Unlike the U.S. Virgin Islands or mainland states, American Samoa completely forbids concealed carry and does not recognize self defense as a valid reason to own a gun.
Overview of Gun Laws in American Samoa
American Samoa's gun laws are codified primarily in Title 46, Chapter 42 of the American Samoa Code, with local laws emphasizing public security and the cultural values of fa'a Samoa. The territory operates under a strict licensing system for firearms that touches every stage of ownership.
Lawful civilian possession is limited to specific low-caliber long guns: .22 caliber rifles and certain shotguns.
Mandatory licensing and registration apply to every firearm; licenses for firearm possession must be approved by the Attorney General.
Concealed carry is completely prohibited, and open carry is allowed only for licensed firearms during lawful activities.
Importation of arms and ammunition requires prior government approval.
Unlike other U.S. jurisdictions such as the Virgin Islands or mainland states where broader constitutional rights shape firearms policy, American Samoa remains an outlier in strictness. As of 2026, there have been no major legislative rollbacks following recent U.S. Supreme Court cases expanding gun rights elsewhere.
Legal Framework and Territorial Status
American Samoa is an unincorporated U.S. territory governed under the Deeds of Cession of 1900 and 1904 and its own territorial constitution ratified in 1967. This status has direct consequences for how regulations and constitutional rights apply.
Criminal and weapons laws, including gun regulations, are primarily contained in Title 46 of the American Samoa Code Annotated (A.S.C.A.).
The Fono (territorial legislature) and the Governor pass and approve firearms legislation, with Congress holding ultimate power but rarely intervening.
The "unincorporated territory" doctrine, established by the Insular Cases, means only certain "fundamental" constitutional rights apply automatically - central to the local treatment of the Second Amendment.
This contrasts sharply with incorporated territories or states, where the amendment applies by default.
Permitted Firearms and Ammunition
Lawful civilian firearms are restricted to specific low-caliber categories, primarily justified for hunting and plantation protection.
Civilians can only own .22 caliber rifles and specific shotguns: permitted shotguns include 12, 16, 20, and .410 gauges. A license is required to own these permitted firearms.
Semi automatic rifles above .22, handguns of all calibers, pistols, and most "modern sporting rifles" are categorically prohibited for private citizens.
Possession of ammunition is limited to that for permitted firearms - only ammunition matching the licensed firearm type and gauge or caliber.
Possessing or importing handgun rounds, shotgun shells for unlicensed gauges, or rifle cartridges above .22 is illegal and typically charged as a class C felony.
Banned Weapons and Unlawful Possession
American Samoa criminalizes a broad range of weapons and tightly defines who may lawfully possess even permitted firearms.
Prohibited weapons include machine guns, explosive weapons, gas guns, short barreled rifles and shotguns, silencers, switchblade knives, explosives, and handguns for civilian possession.
Under § 46.4207, unlawful possession covers any person convicted of a dangerous felony within the last five years, fugitives, habitual drunkards, those addicted to drugs, and anyone adjudged mentally incompetent.
Possession of prohibited firearms is illegal regardless of licensing and is classified as a class C felony, with penalties including up to seven years imprisonment or a $5,000 fine.
Regulatory infractions are treated as class A misdemeanors - for example, defacing a firearm's serial number or modifying a legal gun to meet the definition of a prohibited weapon (such as shortening barrels or adding suppressors).
Licensing, Registration, and Import Controls
Every step - from bringing a gun into American Samoa to possessing it at home - requires permission from territorial authorities.
The Commissioner of Public Safety oversees firearm licensing in American Samoa, issuing licenses, maintaining a registry, and coordinating with the Attorney General's Office on background checks.
Applicants for firearm licenses must be at least 21 years old, pass a background investigation, demonstrate a lawful purpose such as hunting or plantation protection, and provide signed affidavits of good character from local officials. Licenses for firearms require approval from the Attorney General.
Firearm licenses must be renewed annually by January 10, including fee payment, possible re-examination of arms, and updated registration details. All licensed firearms must be registered with the Department of Public Safety.
Importation of firearms requires a license from the Commissioner of Public Safety, whether by sea or air. Unauthorized imports are subject to seizure and forfeiture.
Commercial firearms dealers are rare or nonexistent; most lawful firearms in the territory are individually licensed long guns with carefully controlled supply chains.
Carry, Storage, and Use (Including Self Defense)
American Samoa's law is highly restrictive regarding how, where, and for what reasons firearms can be carried and used.
Concealed carry of firearms is not permitted in American Samoa. The territory does not issue concealed carry permits and does not honor permits from other jurisdictions.
Open carry of firearms is permitted with a valid license, typically only while engaged in hunting, sport shooting, or traveling to and from such activities - with the license required on the person.
Carrying a loaded firearm in a vehicle or near schools, churches, or government buildings is restricted, with violations punishable as misdemeanors or felonies depending on circumstances.
Self defense is not a valid reason for owning a firearm under licensing criteria, even though general criminal law allows the use of reasonable force in defense of life.
Negligent discharge or reckless handling can lead to criminal charges; safe storage practices such as keeping firearms unloaded and secured are strongly encouraged.
Role of the Commissioner of Public Safety and Enforcement
The Commissioner of Public Safety functions as the chief firearms regulator and enforcer of gun laws in American Samoa.
Responsibilities include issuing licenses issued to qualified applicants, maintaining a registry of all lawful firearms, approving imports, and overseeing police compliance.
Confiscated firearms must be surrendered to the Commissioner within five days and are either destroyed or transferred to law enforcement use, with no right of reclamation once forfeited.
Enforcement efforts focus on unlawful possession, unlicensed imports, and prohibited weapons, with periodic opportunities for illegal weapons to be voluntarily surrendered during amnesty periods.
Second Amendment and 2024 Court Ruling
A major 2024 ruling by the High Court of American Samoa clarified that the Second Amendment does not apply in the territory, noting the territory's unique legal status.
In Wiesner v. American Samoa Government, the courts dismissed a challenge to the denial of an import license for AR-15-type .22 rifle components. The ruling relied on the Insular Cases doctrine - including Downes v. Bidwell and Balzac v. Porto Rico - and the territory's status as an unincorporated territory.
The court emphasized local cultural values (fa'a Samoa), the Deeds of Cession, and the absence of any right to bear arms in the territorial constitution, concluding there is no fundamental right to civilian firearms ownership.
This contrasts with U.S. Supreme Court cases such as Heller (2008), McDonald (2010), and Bruen (2022), which expanded Second Amendment protections in the states but were deemed inapplicable here. A 2024 court ruling upheld local gun laws' constitutionality.
The practical impact: American Samoa can maintain bans on handguns, deny licenses for self defense, and prohibit concealed carry without violating the constitution as interpreted for the territory.
Historical Evolution of Firearms Regulation
American Samoa's gun laws date back to 1900 and 1904, when the Deeds of Cession established U.S. administration over the islands.
Before European contact, Samoan warfare relied on traditional weapons - clubs, spears, and the nifo'oti - with no formal regulation of arms because firearms were not yet present.
Firearms arrived in the 19th century through traders and missionaries, with chiefs controlling access under custom rather than written law.
Early U.S. Navy administration (from 1900) prioritized public order, including informal restrictions on private gun possession and centralized control.
The 1962 Public Law 7-13 criminalized unlawful use of firearms in American Samoa and established the foundation for modern licensing and concealed carry prohibitions.
By the 1990s, detailed licensing rules, import controls, and bans on machine guns and other dangerous weapons were codified - producing the present structure limiting civilians to .22 rifles and certain shotguns.
Comparison with Other U.S. Territories and the Virgin Islands
Gun policy varies widely across U.S. unincorporated territories, and American Samoa stands at the restrictive end.
The U.S. Virgin Islands recognize Second Amendment protections, allow licensed handgun ownership, and may issue carry permits - a stark contrast to American Samoa's handgun ban and concealed carry prohibition.
Guam and Puerto Rico also permit residents to obtain handguns for self defense under local licensing, offering a broader range of lawful firearms than Samoa allows.
American Samoa's explicit exclusion of self defense as a licensing justification and its categorical caliber limitations make it unique among U.S.-administered islands and territories.
These differences reflect distinct histories, cultures, and judicial interpretations of constitutional rights in each territory.
Gun Violence, Ownership Rates, and Policy Debates
Strict local laws in American Samoa coincide with very low legal gun ownership and comparatively rare firearm violence.
Available estimates place American Samoa's civilian gun ownership below 1 firearm per 100 residents - vastly lower than mainland U.S. averages.
Firearm-related crime such as homicides and assaults involving shooting are rare; most violence involves other weapons or interpersonal disputes, though comprehensive statistics are limited.
Local arguments in favor of strict laws center on preventing domestic disputes from turning lethal, maintaining communal harmony, and limiting illegal weapons markets. American Samoa's firearm laws prioritize communal safety over individual rights.
Opposing views cite concerns about black-market guns and the right to armed self defense, but these arguments have not produced legislative change. Local governance continues to prioritize communal safety over individual gun rights.
Practical Guidance for Residents and Visitors
Anyone in American Samoa - resident or visitor - must comply with territorial gun regulations regardless of their home jurisdiction's rules.
Prospective residents who hunt should research licensing procedures in advance, contact the Department of Public Safety, and avoid bringing any firearm into the territory without an approved import license.
Visitors arriving by yacht or private vessel must declare any firearms and ammunition to local authorities immediately upon entry and should expect secure storage requirements or confiscation until departure.
U.S. military personnel and federal agents should note that personal firearms are not exempt from territorial law; only official-duty weapons are covered by specific government agreements.
Relying on a firearm for self defense is legally risky: the law does not recognize this as a reason for civilian gun ownership, so individuals should prioritize non-lethal security measures and local emergency services.
Whether you're a lifelong resident or passing through on a Pacific voyage, understanding and respecting these laws isn't optional - it's essential. When in doubt, contact the American Samoa Department of Public Safety or consult a local attorney before making any decisions about firearms.
Frequently Asked Questions (FAQ)
Can I bring my personal handgun to American Samoa for self defense?
No. Handguns are prohibited for civilians in American Samoa regardless of whether they are registered or licensed in a U.S. state. Importing a handgun or its ammunition without authorization will likely result in seizure and criminal charges.
Do American Samoans have Second Amendment rights like residents of U.S. states?
According to the 2024 High Court ruling, the Second Amendment does not apply in American Samoa because it is an unincorporated U.S. territory. The territorial constitution contains no right to bear arms, so residents do not share the same constitutional gun rights as people in the states.
Is any form of concealed carry legal in American Samoa?
No. Concealed carry is completely banned. The territory does not issue permits, does not honor permits from other jurisdictions, and carrying a hidden firearm in public is a criminal offense.
Can I obtain a license to own a gun for home protection?
Self defense or home protection is not accepted as a valid justification for a firearms license. Licenses are generally issued only for limited purposes such as hunting or plantation protection, and only for .22 caliber rifles and specified shotguns.
How does American Samoa's gun law compare to the U.S. Virgin Islands?
The Virgin Islands allow licensed handgun ownership, may issue carry permits, and generally recognize the Second Amendment as applicable - making their system far closer to mainland practice. American Samoa remains significantly more restricted, especially regarding handguns, other firearms types, and carry rights.
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Understanding American Samoa Gun Laws: Regulations and Implications
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Explore the nuances of American Samoa's gun laws, their regulations, and implications for residents. Read to understand your rights and responsibilities.
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