Trump Must Overturn American Samoa's Ruling That the Second Amendment Doesn't Apply There

Source: "American Samoa gun ban challenges Second Amendment, Trump urged to act | Fox News." September 30, 2026. www.foxnews.com

The Gist

A court in American Samoa ruled that the Second Amendment doesn't apply there because it's a special kind of U.S. territory, and this let the territory ban most guns. The author argues that President Trump and his Interior Secretary have the legal power to fire the judges who made this ruling and declare that gun rights apply there just like everywhere else in the U.S., and they should act immediately since no normal lawsuit can fix this.

Conclusion

President Trump and Secretary of the Interior Doug Burgum must immediately reverse the High Court of American Samoa's ruling that the Second Amendment does not apply in the territory, including by firing the current justices and issuing an executive order affirming the amendment's applicability.

Premises

  1. The High Court of American Samoa ruled that because American Samoa is an unincorporated territory, the Second Amendment right to keep and bear arms does not apply there, allowing a near-total gun ban to take effect.
  2. The Second Amendment is a foundational constitutional right that the Supreme Court recently reaffirmed applies with full force even in reluctant jurisdictions like Hawaii (Wolford v. Lopez).
  3. Unlike other U.S. territories, American Samoa has no federal court, so normal judicial recourse (lawsuits in federal court) is unavailable to challenge this ruling.
  4. Federal law (48 U.S.C. § 1661) vests the President with civil, military, and judicial control over American Samoa, and this authority was delegated to the Secretary of the Interior by a 1951 executive order.
  5. The territorial constitution empowers the Secretary of the Interior to appoint High Court justices, who serve no life tenure and can be removed without cause and without Senate confirmation.
  6. Federal courts have upheld the President's authority to overrule decisions of the American Samoa High Court in several cases, even though the Supreme Court has not squarely addressed the question.
  7. If a territorial court declared the First Amendment inapplicable, permitting imprisonment of government critics, the public would rightly be outraged; the Second Amendment deserves the same protection since it is equally foundational.

Assumptions

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