Friday, May 30, 2014

Guam Shall Issue Becomes Law


Governor Calvo of Guam signed Bill 296-32 into law on the 21st of May, 2014.   One of the last changes to be made to the bill before it was sent to the Governor was to change the term of the permit to three years instead of sixFrom
...and finally the governor signed Bill 296 into law. The bill changes language for concealed firearms licensing from "may" to shall." that means concealed firearm licenses shall be issued to an applicant who meets the various specifications.
The Bill 296-32 is now Public Law 32-150.  Here are some of the features of the new law:
  • Requires that a permit for a concealed firearm be issued if requirements are met.
  • Includes all handguns, rifles, and shotguns
  • Includes all concealed weapons other than firearms
  • Is only available to residents of Guam
  • Puts a limit on the required, non-refundable fee of $100
  • Requires issue within 90 days of the receipt of a complete application
  • Includes methods to regain rights previously lost
  • Is valid for a period of three years 
  • Provides for a 180 day grace period to renew the permit
  • Requires a color photograph
  • Requires fingerprints; if legible fingerprints cannot be made, can be issued by check of ID
  • Applicants must be 21 years of age
  • Requires a desire for a legal means to carry a firearm for lawful self defense
  • DD214, NRA, or State Hunter Safety Courses among others, meet training course requirement
  • Reason for denial required to be given
  • Notice of renewal requirement will be mailed out 90 days before expiration
Guam now joins the 41 states that have laws that require the issuance of a permit if the legal requirements are met.   California and Hawaii have been required to convert to a "shall issue" status pending the resolution of the Peruta decision.   Vermont does not require the issuance of a permit, and does not issue one.  Only six states now fall into the category where the issuing authority may arbitrarily refuse to issue a permit.    Those states are New York, New Jersey, Connecticut, Maryland, Massachusetts, and  Delaware.

Three of those states, Maryland, New Jersey, and New York, have no state constitutional provision protecting the right to keep and bear arms.

  ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


HiCarry said...

"California and Hawaii have been required to convert to a "shall issue" status pending the resolution of the Peruta decision."

Incorrect. Some county sheriffs in California have begun to issue permits using a "shall issue" model, but no one has been "required" to do so pending the resolution of Peruta
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Dean Weingarten said...

I might have used clearer wording.

No Sheriff in California has yet been ordered to convert to Shall Issue, because the issue is still pending appeal.

The Peruta decision is pending resolution.

If the decision is upheld, then the authorities in California and Hawaii will be held to some sort of shall issue standard, which may yet require more court decisions.