American Samoa High Court Strips Second Amendment Rights Entirely
The High Court of American Samoa has ruled that the Second Amendment holds no force in the territory, declaring constitutional gun rights protections void within its jurisdiction. The decision marks a stark departure from established constitutional law, which treats the Bill of Rights as applicable across all U.S. territories. Gun owners and Second Amendment advocates now face a jurisdiction where federal constitutional protections do not exist.
Key Details
- The High Court of American Samoa issued a ruling stating the Second Amendment is "utterly meaningless" in the territory
- The decision effectively eliminates any federal constitutional gun rights protection for residents and U.S. citizens in American Samoa
- The ruling contradicts longstanding constitutional doctrine that the Constitution applies to all U.S. territories
Why It Matters for Gun Owners
This ruling creates a constitutional dead zone where American citizens lose fundamental rights guaranteed under the Second Amendment. While American Samoa's population is small—roughly 46,000 residents—the precedent is dangerous. If a territorial court can simply nullify the Second Amendment without federal intervention, other territories could follow. Gun owners in Guam, Puerto Rico, U.S. Virgin Islands, and other territories should assume their rights are now at risk unless the federal court system intervenes. This ruling also signals that territorial governments believe they can ignore Supreme Court precedent, including District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), both of which affirmed Second Amendment applicability.
DownRange Analysis
A territorial court ignoring the Constitution's applicability is a federal problem, not a Second Amendment problem—yet. The ruling almost certainly violates the Supremacy Clause and contradicts 14th Amendment incorporation doctrine. However, the fact that a court felt emboldened to issue such a decision without immediate federal pushback suggests weak enforcement or indifference from Department of Justice oversight. Gun owners should monitor whether the federal courts will correct this or allow it to stand. If territories can strip constitutional rights with impunity, the entire incorporation framework collapses, and other fundamental rights follow Second Amendment down.
