Guam - Firearms Laws

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 Guam. We have included below the law text of the section dealing with Guam`s firearm laws as found in the Firearms State Laws and Published Ordinances, 2003 edition, distributed by the Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, 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.



Guam Territorial Law
Title 10, Guam Code Annotated

60100. Definitions.
As used in this Chapter:
(a) "Firearm" means any weapon, the operating force of
which is an explosive. This definition includes pistols,
revolvers, rifles, shotguns, machine guns, automatic rifles,
noxious gas proJectors, mortars, bombs, cannon and submachine
guns. The specific mention of certain weapons does not exclude
from the definition other weapons operated by explosives.
(b) "Pistol" or "revolver" means any firearm of any shape
whatever and designed to be fired with one hand with a barrel
less than twelve inches in length and capable of discharging
loaded ammunition or any noxious gas.
(c) "Rifle" means a firearm designed, made, redesigned or
remade and intended to be fired from the shoulder and to fire
only a single projectile through a rifled bore for each single
pull of the trigger, and shall include any such firearm which may
be readily restored to fire loaded ammunition, and any antique
rifle or long gun, regardless of the type of charge or projectile
used, which is capable of being used as a weapon.
(d) "Shotgun" means any firearm designed, made, redesigned
or remade and intended to be fired from the shoulder and to fire
through a smooth barrel either a number of projectiles (ball
shot) or a single projectile, and shall include any such firearm
which may be readily restored to fire any of the above, and shall
also include any firearm of any age designed and capable of
firing the above mentioned projectiles.
(e) The terms "director" and "department" mean the Director
of Public Safety and the Department of Public Safety. ****
(g) "Restricted bullet" means a bullet that, as determined
by the Chief of Police, when fired from a pistol or revolver with
a barrel five inches or less in length, is capable of penetrating
body armor.
(h) "Putative Owner" means a person who, were it not for
the requirements of this Chapter, would be the owner of a
firearm, or one who acquires possession of a firearm, or one who
acquires possession of a firearm by theft.
(i) "Lawful Owner" means a person whose right to a firearm
have been perfected in accordance with Sec. 60103 of this title.

60101. Chapter not applicable.
This Chapter shall not apply to:
(a) Law enforcement officers when using firearms authorized
by the Chief of Police in their official duty.
(b) Persons in the Armed Forces of the United States
engaged in official duty.
(c) Devices which are not designed or redesigned for use as
a weapon. Any device, although originally designed as a firearm,
which has been redesigned, or was designed initially for use as a
signalling, pyrotechnic, line-throwing, safety, Industrial or
similar device, surplus ordnance sold, loaned or given by the
Secretary of the Army pursuant to the provisions of Sec. 4684(2),
4685 or 4686 of Title 10 of the United States Code Is not covered
by this Chapter.
(d) Those firearms that can not fire fixed ammunition but
are loaded through the muzzle or cylinder with a combination of
ball and black powder.

60102. Ownership, Etc., of Certain Firearms prohibited.
The manufacture, possession, sale, barter, trade, gift,
transfer or acquisition of any machine guns, sub-machine guns,
automatic rifles or any other firearm not a rifle having a barrel
length of sixteen (16) inches or greater or not a shotgun having
a barrel length of eighteen (18) inches or greater or a revolver
or pistol having a barrel length of more than twelve (12) inches
is prohibited . Mufflers, silencers or devices for deadening the
sound of discharged firearms are also prohibited. Any person
violating this Section shall be guilty of a felony which shall be
punishable for a term of imprisonment of not less than three (3)
years and a fine of not less than One Thousand Dollars ($1,000).
Imposition of sentence shall not be suspended and the offender
shall not be eligible for parole nor work release until the term
of imprisonment prescribed herein has been completed nor may
probation be imposed in lieu of this portion of the offender`s
sentence. Provided, however, that in the case of an offender not
previously convicted of a felony, the court may sentence the
offender to not more than two (2) years imprisonment and the
provisions of this Section prohibiting probation, suspension,
parole or work release shall not be applicable to such offender.

60103. Ownership, Etc., Permitted.
Any person who qualifies under this Chapter may lawfully
own, possess, use or carry any rifle, shotgun, pistol or revolver
not prohibited by Sec. 60102 subject to the conditions and
penalties provided in this Chapter.

60104. Dealer: Register.
Dealer, etc., must register. Any person who is in the
business of selling, buying, renting or trading any firearm shall
register with the Department of Revenue and Taxation under the
terms and conditions set forth in this Chapter and the rules and
regulations adopted hereunder before engaging in any of the above
activities. The term "in the business of" shall mean any person,
natural or legal, who engages in the above activities for profit
or who so engages on behalf of others, but shall not include
private sales, loans, gifts or transfers of lawfully possessed
firearms which have been registered and possessed under the
provisions of Sec. 60103 and 60110 of this Chapter. ****

60106. Identification card: Required.
No person shall own, possess, use, carry or acquire any
firearm which is lawful under Sec. 60103 unless he shall have
first obtained from the Department an identification card
evidencing his right to such ownership, possession, use or
carrying, concealed or otherwise, as stated upon the face of the
card; except that any person may use and posses a firearm at any
shooting gallery licensed pursuant to Sec. 60105, et seq.,
without first obtaining a permit as otherwise required by this
Section. Said card shall be in the possession of the holder and
on his person whenever he is using or has in his possession a
firearm.****

60108. Same: Restrictions.
(a) No identification card shall issue unless the Department
is satisfied that the applicant may lawfully possess, use, carry,
concealed or otherwise, own or acquire the type of firearm stated
in the application and upon the face of the identification card.
(b) No person shall be issued an identification card:
(1) Who has been convicted by any court of the United
States, a state, territory, possession, trust territory or
political subdivision thereof of any felony; or
(2) Who is an alien, except temporary permits may be issued
to aliens for use only at target ranges operated by persons
possessing permits therefor and who are citizens, or only for use
at authorized sporting events and except for official
representatives of foreign governments in their official
capacities; or
(3) Who is presently charged by information or indictment
with any crime stated in (b)(1 ) above; or
(4) Who has been adjudicated incompetent, has been
committed to any mental institution; or
(5) Who is under the age of eighteen (18) years; or
(6) Who has been convicted of any violation of the Uniform
Controlled Dangerous Substances Act or any misdemeanor where
personal injury or use of firearms was an element or factor of
the offense unless the Director has determined that the offense
was committed more than ten (10) years previously and that the
applicant would not endanger the public safety by receiving an
identification card; or
(7) Who, in the determination of the Director appears to
suffer from a physical or mental disease or defect which would
adversely affect the safe use of the firearm applied for, unless
the person obtains a certificate from a licensed physician
stating that the physical or mental disease or defect would not
adversely affect his safe operation of the firearm or the public
safety.
(c) An applicant for an identification card shall apply
therefor on a form supplied by the Department and shall supply
such information as may be necessary to afford the Department
reason able opportunity to ascertain the facts required to appear
upon the card and facts relevant to the applicant`s eligibility
for a card, and facts necessary to determine whether the
applicant may carry a concealed weapon if such permission is
sought.
(d) If the application is not denied, the identification
card shall issue within thirty (30) days except where application
has been made to carry a concealed weapon, in which case the card
shall issue within sixty (60) days.****

60110. Registration.
Any person purchasing receiving by gift, devise or
otherwise, acquiring or otherwise coming into permanent
possession of a firearm, the possession of which is permitted by
this Chapter, shall register the same with the Department within
three (3) working days after acquiring said firearm on forms
specified by the Department. Such facts and information shall be
given so as to enable the Department to record for identification
purposes the firearm so registered. It shall be unlawful for any
person to own or possess any firearm which has not been
registered. No firearm may be registered by the Department unless
the person presenting the firearm also displays a current
identification card evidencing his eligibility to own, possess,
use or carry the firearm presented for registration. Any firearms
to be registered shall be presented to the Department for
inspection as to the facts required for registration. Any firearm
registration issued under this Chapter shall expire on the third
anniversary of its issuance and the Director shall promulgate
rules and regulations regarding renewal of registration of
firearms renewal of identification cards and shall establish
reasonable fees to cover the cost incurred for such renewals.

60111. Transfer of Firearm: Private.
Upon the transfer of any firearm from one person not a
dealer, manufacturer, wholesaler or repairer to another not a
dealer, manufacturer, wholesaler or repairer, other than on loan,
a new registration must be obtained by the new owner or one
permanently possessing the firearm indicating the prior owner or
possessor, and his identification card number, as well as all
information pertinent to the new owner or possessor.

60112. Same: Pawnbroker.
Upon transfer to a pawnbroker, and upon retransfer from the
pawnbroker to either the owner or to another person, a new
registration must be obtained. ****

60114. Identification card: possession.
(a) No person may use or possess a firearm, regardless of
ownership of the firearm, without possession of an identification
card evidencing his eligibility to possess, use or carry such
firearms.
(b) No person shall transfer, loan, give, sell either as a
part of a business or individually, or permit the use of any
firearm unless the person receiving the firearm has an
identification card evidencing his eligibility to receive,
possess, use and carry the type of firearm which he is to
receive, borrow, use, buy or possess or carry.
(c) No person shall use, display, or carry with the intent
to use or display, an identification card which has expired,
which has been suspended or revoked, or for which a duplicate has
been issued, or which has been defaced or altered. No person
shall use any of the above for the purpose of obtaining any
firearm.
(d) No person shall willfully alter, remove or obliterate
the name of the make, model, manufacturer`s number or other mark
of identity of any firearm or ammunition. Possession of a firearm
or ammunition upon which any mark of identity has been altered,
removed or obliterated shall be presumptive evidence that the
possessor has altered, removed or obliterated the same.
(e) If any person, in complying with any of the
requirements of this Chapter, knowingly gives false information
or knowingly offers false evidence of any of the facts required
by the Department or by this Chapter, he shall be guilty of
unsworn falsification and punished therefor as provided by 52.30
of the Criminal and Correctional Code. Additionally, upon
conviction, such person shall no be eligible for an
identification card for a period of ten (10) years, and any
existing identification card issued to such person shall be
revoked, and any firearms possessed pursuant to such
identification card forfeited. ****

60115. Dealer: Registration.
Dealers, etc. must register. Any person who is a dealer,
manufacturer, wholesaler or retailer of firearms or ammunition
within the territory of Guam who must register pursuant to Sec.
60104 shall do so by supplying the Department with information
required by it relative to the name of the business, name of
names of the owners, whether the business is a corporation, sole
proprietorship, partnership or any other form, relative to the
types of firearms sold, manufactured, bought or repaired by such
business, to the security of the storage areas of the business
wherein the firearms are stored and any other information deemed
necessary by the Department. Upon receipt of the necessary
information, the Department shall issue a registration card,
which shall be prominently displayed at the place of business of
the person or firm so registered and copies to be displayed at
each location where firearms are sold.

60116. Conduct of dealer`s business.
Any person or firm licensed pursuant to Sec. 60104 shall, in
the conduct of his business:
(1) Display no firearms or ammunition in any place where
they can be seen from outside the premises.
(2) Keep all firearms and ammunition in a securely locked
place at all times except when they are actually being shown to a
customer or when actually being repaired or worked on.
(3) Permit only persons who are holders of identification
cards making them eligible to purchase, possess and use of
firearms sold by the registrant or repaired by the repair
facility to nave access to the firearms or ammunition except that
nothing in this Section shall be construed to require a customer
to show an identification card prior to his engaging in a
transaction for which an identification card is required by the
Chapter.
(4) Sell only to persons who have a valid identification
card making them eligible to purchase, own, possess, use and
carry the firearm or ammunition which is the subject of the
transaction.
(5) Keep a continuing and up-to-date inventory of all
firearms and ammunition in his possession and report the loss,
theft, damage or destruction of the same to the Department
immediately upon the discovery of the event.
(6) Deliver a written warning to the purchaser or
transferee of a firearm a written warning which states in block
letters not less than one-fourth inch (1/4") in height:

IT IS UNLAWFUL AND PUNISHABLE BY
IMPRISONMENT AND A FINE FOR ANY
ADULT TO STORE OR LEAVE A FIREARM
WITHOUT PLACING IT IN A SECURE
LOCKED CABINET OR CLOSET, OR
WITHOUT A TRIGGER LOCK IN PLACE.

(7) Conspicuously post at each purchase counter the
following warning in block letters not less than one (1 ) inch in
height:

IT IS UNLAWFUL TO STORE OR LEAVE A
FIREARM WITHOUT PLACING IT IN A
SECURE LOCKED CABINET OR CLOSET,
OR
WITHOUT A TRIGGER LOCK IN PLACE.

60117. Repair.
No person, other than the owner or possessor of a firearm,
may accept any firearm for repair without having first been shown
a valid identification card showing the person delivering the
firearm to such person accepting it for repair to be eligible to
possess the firearm in question. No firearm shall be returned to
any person after repair or other work done on it without the
repairer having seen the identification card of the one to whom
the firearm is to be given. 60118. Private Sale or Transfer. Any
person engaging in a private sale, loan or other transfer of a
firearm shall be shown by the person receiving the firearm an
identification card evidencing the receiver`s right to own,
possess, use and carry such firearm. It shall be unlawful for a
person to transact a private sale, loan, gift or transfer without
having seen the valid identification card of the person receiving
the firearm. ****

60120. Rules and regulations.
The Director may adopt, pursuant to the Administrative
Adjudication Act, rules and regulations to implement this
Chapter. Nevertheless, the absence of such rules and regulations
shall not affect the implementation of this Chapter.

60121. Prohibition and Penalties.
(a) Any person who knowingly owns or possesses an
unregistered firearm shall be punishable by imprisonment of not
less than one (1) year and a fine of not less than One Thousand
Dollars ($1,000).****
(g) (1) Any person legal or natural who transfers, gives,
returns, sells, or loans any firearm to any minor is guilty of a
felony which shall be punishable by a term of imprisonment not
less than five (5) years and a fine of not less than Five
Thousand Dollars ($5,000). In the case of a violation by a legal
person or persons performing the forbidden acts, or omitting the
required acts and any responsible officer who knew or should have
known of the act as omission committed shall be liable for
punishment under this section.
(2) This section does not apply when a minor is being
instructed by his parent or guardian in the use of weapons or
when that minor, properly licensed, is hunting with his parent or
guardian who is also properly licensed and complying with the
provisions of Department of Agriculture Hunting Regulations
15300.00 through 15300.29.
(h) Any person who negligently entrusts a firearm to a minor
is guilty of a felony, which shall be punishable by a term of
imprisonment of not less than one (1 ) year and a fine of not
less than One Thousand Dollars ($1,000). ****

60121.1 Prohibitions and Penalties: Restricted Bullet.
(a) Any person who imports, manufactures or sells a
restricted bullet on Guam, except as specifically authorized by
the Director for purposes of public safety, shall be guilty of a
felony of the third degree and if the person holds a business
license or is registered under the provisions of this Chapter,
such business license and such registration shall be subject to
revocation.

60121.2 Any person who possesses or carries a restricted bullet
not in accordance with the regulations promulgated by the
Director shall be guilty of a felony of the third degree. ****

60123. Revalidation of Previous Weapon Registration.
All registrations of weapons issued under any prior law are
hereby declared revalidated as of the date of enactment of this
Act and shall be valid until the next birthday of the holder, at
which time an identification card must be obtained and the
firearms registered according to the provisions of this Chapter.
This Section does not apply to firearms owned, possessed, used or
carried in a manner declared illegal by any previous Act.

60124. Registration of Prohibited Firearms.
Any firearm which cannot be legally owned, possessed, used
or carried pursuant to this Act but which was legally possessed,
owned, used or carried prior to the effective date of this Act
may not be registered hereafter. However, the owner or possessor
may retain said weapons until the time specified in Sec. 60123,
at which time he must dispose of the firearm. If he cannot do so
without loss to himself, the Department is authorized to purchase
the firearm from the legal owner based upon the fair market value
at the time of last eligibility to possess or own as stated in
Sec. 60123, and keep or dispose of the firearm as the Director
determines.

60126. Registry.
The Department shall maintain a confidential registry, open
only to law enforcement officials, of all firearms registered for
the life of the weapon on Guam and for two years thereafter.
However, once a firearm has been transferred and the registration
cancelled in the name of the transferor, then the records of the
transferor may be destroyed.

60127. New Residents.
Any United States citizen who is in legal possession of a
firearm or ammunition thereof pursuant to the laws of any state,
territory, possession or Trust Territory of the United States
shall have a period of thirty (30) days after arriving on Guam as
a new resident in which to apply for an identification card and
during that period may continue to use the firearm and, for that
purpose, the gun is legally in his possession until an
identification card is issued or denied him. Thereafter, all
provisions of this Chapter apply in full to such person and he
must purchase, possess or use firearms only in compliance
therewith. The Section does not apply to any firearm which may
not be legally possessed or used, carried purchased under this
Chapter. With respect to such firearms the provisions of Sec.
60123 shall apply except that under this Section the new resident
has thirty (30) days in which to comply. Further, this Section
does not apply to persons transiting Guam. Such transiting
persons shall not have in their possession any firearm on Guam
without first obtaining permission therefor from the Director.

60128. Exceptions.
The provisions of Civil Code Sec. 1714.2, and 1716.1; and
subitems (40) and (41) of Sec. 5107, Title 6, Guam Code
Annotated, shall not apply:
(a) If the firearm is stored in a secure, locked cabinet or
closet in the home of its lawful owner.
(b) If the minor obtains the firearm as a result of the
unlawful entry of the home of the owner of the firearm.
(c) To members of the Armed Forces, National Guard, police
or other law enforcement officials with respect to firearm
possession by a minor which occurs during or incidental to the
performance of their official duties.
(d) If the firearm was properly secured by the owner with a
trigger lock.


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.



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