American Samoa's Gun Ban Challenges Second Amendment Application, Trump Urged to Act
A ruling by the High Court of American Samoa stating the Second Amendment does not apply in the U.S. territory has sparked calls for former President Donald Trump to intervene.
The High Court of American Samoa issued a ruling in October 2024 that effectively allows a near-total gun ban within the unincorporated U.S. territory, a decision that has drawn criticism and a call for intervention from former President Donald Trump and Interior Secretary Doug Burgum.
The court's decision asserts that the Second Amendment right to keep and bear arms does not extend to American Samoa because it is an unincorporated territory. This ruling has been met with strong opposition from gun rights advocates, who argue that constitutional rights should apply uniformly across all U.S. territories.
American Samoa's judicial system differs from other U.S. territories. It lacks a federal court, and the High Court of American Samoa serves as the highest judicial authority. Authority over the territory was delegated to the Secretary of the Interior via a 1951 executive order, and the secretary has the power to appoint justices to the High Court, who do not hold life tenure and can be removed without cause.
Supporters of Second Amendment rights point to recent Supreme Court decisions, such as Wolford v. Lopez, which affirmed the amendment's vitality. They argue that the ruling in American Samoa is inconsistent with the broader application of constitutional rights, drawing parallels to challenges faced by gun laws in places like Hawaii, where a restrictive concealed-carry regime was recently scrutinized.
President Trump, given the executive authority vested in the president over American Samoa, is urged to overrule the High Court's decision. This could involve directing the Secretary of the Interior to appoint new justices who adhere to constitutional principles or issuing an executive order clarifying that the Second Amendment applies in the territory with the same force as it does in states and other U.S. territories. The author emphasizes that the Second Amendment is as fundamental as the First Amendment, and its applicability should not be diminished in any U.S. territory.