In a ruling that has largely escaped national attention, the High Court of American Samoa, an unincorporated U.S. territory, declared in October 2024 that the Second Amendment right to bear arms does not apply, thereby permitting a near-total gun ban. This unprecedented decision, which stands in stark contrast to recent Supreme Court affirmations of Second Amendment rights, raises profound questions about constitutional application in U.S. territories. Unlike other territories, American Samoa lacks its own federal court, with the High Court serving as the ultimate judicial authority, and its justices are appointed and removable by the Secretary of the Interior, not subject to Senate confirmation or life tenure. This unique structure, coupled with presidential authority vested by Congress over the territory, presents an immediate opportunity for President Trump and Secretary of the Interior Doug Burgum to reverse this egregious ruling. The administration possesses the power to dismiss the current justices, appoint new ones who will uphold constitutional rights, and issue an executive order explicitly stating that the Second Amendment applies with full force in American Samoa, just as it does in states and other territories. To allow such a fundamental right to be nullified in any part of the United States, regardless of its territorial status, would set a dangerous precedent, undermining the very principles of liberty and self-defense that the Second Amendment guarantees.
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