Chapter 60

10 GCA HEALTH AND SAFETY CH. 60 FIREARMS 1 CHAPTER 60 FIREARMS § 60100. Definitions. § 60101. Chapter Not Applicable. § 60102. Ownership, etc., of Certain Firearms Proh ibited. § 60103. Ownership, etc., Permitted. § 60104. Dealer: Register. § 60105. Shooting Gallery. § 60106. Identification Card: Required. § 60107. Same: Contents. § 60108. Same: Restrictions. § 60109. Concealed Firearms. § 60109.1. Concealed Firearms; Shall Issue License . § 60110. Registration. § 60110.1. Firearms. § 60111. Transfer of Firearm: Private. § 60112. Same: Pawnbroker. § 60113. Loss, Destruction or Theft of Identificat ion Card or Firearm. § 60114. Identification Card: Possession. § 60115. Dealer: Registration. § 60116. Conduct of Dealer's Business. § 60117. Repair. § 60118. Private Sale or Transfer. § 60119. Shooting Gallery: Registration. § 60120. Rules and Regulations. § 60121. Prohibitions and Penalties. § 60121.1. Same: Restricted Bullets. § 60121.2. Same: Same. § 60122. Fees. § 60123. Revalidation of Previous Weapon Registrat ion. § 60124. Registration of Prohibited Firearms. § 60125. Firearms Forfeited: When. § 60126. Registry. § 60127. New Residents. § 60128. Minors. § 60129. Severability.

n of Previous Weapon Registrat ion. § 60124. Registration of Prohibited Firearms. § 60125. Firearms Forfeited: When. § 60126. Registry. § 60127. New Residents. § 60128. Minors. § 60129. Severability. NOTE: References to 'Director of Public Safety' changed t o 'Chief of Police', and references to 'Department of Public Sa fety' changed to 'Guam COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 2 Police Department' pursuant to P.L. 17-78:1, which repealed ' 5102 GC providing for the Department of Public Safety and r eenacted ' 5102 establishing the Guam Police Department. § 60100. Definitions. As used in this Chapter: (a) Firearm means any weapon, the operating force of which is an explosive. This definition includes pis tols, revolvers, rifles, shotguns, machine guns, automati c rifles, noxious gas projectors, mortars, bombs, cannon and subma- chine 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 wit h a barrel less than twelve inches (12') in length and capable of discharging loaded ammunition or any

l or revolver means any firearm of any shape whatever and designed to be fired with one hand wit h a barrel less than twelve inches (12') 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 a nd to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such fir earm which may be readily restored to fire loaded ammunition, and any antique rifle or long gun, regardless of the type o f 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 resto red to fire any of the above, and shall also include any firear m of any age designed and capable of firing the above- mentioned projectiles. (e) The terms Chief of Police and department mean the Chief of Police and the Guam Police Department, res pectively.

rear m of any age designed and capable of firing the above- mentioned projectiles. (e) The terms Chief of Police and department mean the Chief of Police and the Guam Police Department, res pectively. (f) Body armor means a commercially available, soft, lightweight material with penetration resistance eq ual to or greater than that of eighteen (18) layers of KEVLAR . COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 3 (g) Restricted bullet means a bullet that, as determined by the Chief of Police, when fired from a pistol or re volver with a barrel five inches (5') or less in length, is capab le of penetrating body armor. (h) Putative Owner means a person who were it not for the requirements of this Chapter, would be the owne r of a firearm, or one who acquires possession of a firear m, 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 § 60 103 of this title. SOURCE: GC § 8900, Subsection (e) amended by P.L. 16-79; Su bsections (f) & (g) added by P.L. 16-79; Subsection (h) added by P.L. 20-223:3; subsection (i) added by P.L. 20-223:4. § 60101. Chapter Not Applicable.

8900, Subsection (e) amended by P.L. 16-79; Su bsections (f) & (g) added by P.L. 16-79; Subsection (h) added by P.L. 20-223:3; subsection (i) added by P.L. 20-223:4. § 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 State s engaged in official duty. (c) Devices which are not designed or redesigned fo r use as a weapon. Any device, although originally design ed as a firearm, which has been redesigned, or was designed initially for use as a signaling, pyrotechnic, line-throwing, safety, industrial or similar device, surplus ordinance sol d, loaned or given by the Secretary of the Army pursuant to the provisions of §§ 4684(2), 4685 or 4686 of Title 10 of the Unit ed States Code is not covered by this Chapter. (d) Those firearms that can not fire fixed ammuniti on but are loaded through the muzzle or cylinder with a co mbination of ball and black powder. SOURCE: GC § 8900.1, added by P.L. 19-4:18. § 60102. Ownership, etc., of Certain Firearms Prohi bited.

i on but are loaded through the muzzle or cylinder with a co mbination of ball and black powder. SOURCE: GC § 8900.1, added by P.L. 19-4:18. § 60102. Ownership, etc., of Certain Firearms Prohi bited. The manufacture, possession, sale, barter, trade, g ift, transfer or acquisition of any machine guns, sub-machine gun s, automatic COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 4 rifles or any other firearm not a rifle having a ba rrel length of sixteen (16) inches or greater or not a shotgun hav ing a barrel length of eighteen (18) inches or greater or a revo lver or pistol having a barrel length of more than twelve (12) inc hes is prohibited. Mufflers, silencers or devices for dead ening the sound of discharged firearms are also prohibited. Any per son violating this Section shall be guilty of a felony which shal l 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 sh all not be eligible for parole nor work release until the term of imprisonment prescribed herein has been completed nor may probat ion be imposed in lieu of this

not be suspended and the offender sh all not be eligible for parole nor work release until the term of imprisonment prescribed herein has been completed nor may probat ion be imposed in lieu of this portion of the offender's s entence. Provided, however, that in the case of an offender not previo usly convicted of a felony, the court may sentence the offender to no t more than two (2) years imprisonment and the provisions of this S ection prohibiting probation, suspension, parole or work r elease shall not be applicable to such offender. SOURCE: GC § 8901, as amended by P.L. 14-140. § 60103. Ownership, etc., Permitted. Any person who qualifies under this Chapter may law fully own, possess, use or carry any rifle, shotgun, pist ol or revolver not prohibited by § 60102 subject to the conditions and penalties provided in this Chapter. SOURCE: GC § 8901.1. § 60104. Dealer: Register: Dealer, etc., Must Regis ter. Any person who is in the business of selling, buyin g, renting or trading any firearm shall register with the Depa rtment 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

firearm shall register with the Depa rtment 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 i n the business of shall mean any person, natural or legal, who engage s in the above activities for profit or who so engages on behalf o f others, but shall not include private sales, loans, gifts or transfer s of lawfully possessed firearms which have been registered and p ossessed under the provisions of §§ 60103 and 60110 of this Chapte r. SOURCE: GC § 8901.2. COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 5 § 60105. Shooting Gallery. Any person who is in the business of operating a sh ooting gallery shall register with the Department of Reven ue and Taxation under the terms and conditions set forth in this Ch apter and the rules and regulations adopted hereunder before enga ging in the business of a shooting gallery. SOURCE: GC § 8901.3, as added by P.L. 15-132. § 60106. Identification Card: Required . No person shall own, possess, use, carry or acquire any firearm which is lawful under § 60103 unless he sha ll have first obtained from the

ed by P.L. 15-132. § 60106. Identification Card: Required . No person shall own, possess, use, carry or acquire any firearm which is lawful under § 60103 unless he sha ll have first obtained from the Department an identification card evidencing his right to such ownership, possession, use or carryin g, concealed or otherwise, as stated upon the face of the card; exc ept that any person may use and possess a firearm at any shootin g gallery li- censed pursuant to § 60105, et seq., without first obtaining a permit as otherwise required by this Section. Said card sh all be in the possession of the holder and on his person whenever he is using or has in his possession a firearm. SOURCE: GC § 8902, as amended by P.L. 15-147. § 60107. Same: Contents. Identification cards shall have on their face all t he following: (a) The name, address, sex, height and weight of th e holder, his birth date, Social Security number, if any, or Guam I.D. number, if any, and the expiration date of the card which shall be three (3) years after the holder's next bi rthday. (b) A photograph of the holder taken immediately pr ior to issuance.

or Guam I.D. number, if any, and the expiration date of the card which shall be three (3) years after the holder's next bi rthday. (b) A photograph of the holder taken immediately pr ior to issuance. (c) An indication of the type of firearm which may be owned, used, carried, possessed or acquired by the holder, and whether or not the holder may carry the firearm con cealed. (d) A number, unique to the holder, which shall als o be assigned to all registration records concerning fir earms possessed by the holder. SOURCE: GC § 8902.1. COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 6 2014 NOTE: Subsection designations were altered to adhere to t he Compiler’s alpha-numeric scheme pursuant to the aut hority granted by 1 GCA § 1606. § 60108. Same: Restrictions. (a) No identification card shall issue unless the D epartment 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 identifica tion card. (b) No person shall be issued an identification car d: (1) Who has been convicted by any court of the Unit ed States, a state, territory, possession, trust terri tory

ace of the identifica tion card. (b) No person shall be issued an identification car d: (1) Who has been convicted by any court of the Unit ed States, a state, territory, possession, trust terri tory or political subdivision thereof of any felony; or (2) Who is an alien, except temporary permits may b e issued to aliens for use only at target ranges oper ated by persons possessing permits therefore and who are ci tizens, or only for use at authorized sporting events, and exc ept for official representatives of foreign governments in their official capacities, and except for aliens 'lawfully admitte d for permanent residence,' which shall mean the status o f having been lawfully accorded the privilege of residing pe rmanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed, a s defined by the Immigration and Nationality Act § 101(a)(20) , 8 U.S.C. § 1101(a)(20). Proof of permanent residence shall b e evidenced by presentation of an Alien Registration Card (also known as alien registration certificate, Form I-551 or Green Card); or (3) Who is presently charged by information or indictment with any crime stated in (b)(1)

on of an Alien Registration Card (also known as alien registration certificate, Form I-551 or Green Card); or (3) Who is presently charged by information or indictment with any crime stated in (b)(1) above; o r (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 firearm s was an element or factor of the offense unless the Chief o f Police has COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 7 determined that the offense was committed more than ten (10) years previously and that the applicant would not e ndanger the public safety by receiving an identification card; or (7) Who, in the determination of the Chief of Polic e appears to suffer from a physical or mental disease or defect which would adversely affect the safe use of the fi rearm applied for, unless the person obtains a certificat e from a licensed physician stating that the physical or men tal disease or defect would not adversely affect his safe opera tion of the firearm or the

ied for, unless the person obtains a certificat e from a licensed physician stating that the physical or men tal disease or defect would not adversely affect his safe opera tion of the firearm or the public safety. (c) An applicant for an identification card shall a pply therefore on a form supplied by the Department and shall prov ide such information as may be necessary to afford the Depar tment reasonable opportunity to ascertain the facts requi red 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 soug ht. The applicant is required to submit to a national crimi nal background check conducted by the Federal Bureau of Investigat ion to process such background checks. A fingerprint card, or electronic fingerprint data, if so utilized, shall be transmitted to Guam =s State Identification Bureau as classified by the Federal Bureau of Investigation f or processing of fingerprints. (d) If the application is not denied, the identific ation card shall issue within thirty (30) days, except where applica tion has been made to carry a concealed

ation f or processing of fingerprints. (d) If the application is not denied, the identific ation card shall issue within thirty (30) days, except where applica tion has been made to carry a concealed weapon, in which case the card shall issue within sixty (60) days. (e) For purposes of this Chapter, the term conceale d when used in connection with any firearm whatsoever shal l mean a firearm which is carried on a person or within a ve hicle in such a manner that it cannot be seen by the naked eye, but would be available for use by the person concealing or attem pting to conceal the firearm or any other person aware of the firear m's existence. A firearm is not concealed when it is within a locked portion of any vehicle, unloaded, with the ammunition stored outsi de of the firearm or any clip or ammunition storage chamber a ttached to the COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 8 firearm, and outside of the immediate reach of the person so placing the weapon or any other person knowing of i ts existence. A firearm is concealed if, among other things, it is hidden beneath any article of clothing so that only the shape is visib le, but not the firearm itself.

any other person knowing of i ts existence. A firearm is concealed if, among other things, it is hidden beneath any article of clothing so that only the shape is visib le, but not the firearm itself. SOURCE: GC § 8902.2, as amended by P.L. 13-187. Subsection (c) amended by P.L. 27-52:2. Subsection (b)(2) amended by P.L. 33-134:1 (Mar. 4, 2016). § 60109. Concealed Firearms. No identification card shall be issued permitting t he holder to carry a concealed firearm of any nature unless: (a) the applicant shows exceptional cause therefore . Such exceptional causes shall include, but not be l imited to, facts which show that such concealment is absolutel y necessary for an individual who is engaged in the p rotection of persons or property, or who shows that he has a gen uine reason to fear for the safety of his person or prop erty and that a concealed firearm would materially lessen the dan ger. Such permission, once stated upon the identification car d, shall not be renewed unless, at the time for renewal, the app lication shows a continuing need for such permission, using the standards for such permission as they exist at the time for renewal.

r d, shall not be renewed unless, at the time for renewal, the app lication shows a continuing need for such permission, using the standards for such permission as they exist at the time for renewal. It shall be unlawful for any person to car ry any firearm concealed unless he has received permission to carry such firearm and such permission is stated upon the face of his identification card; or (b) an applicant meets the requirements for a conce aled firearms license as defined in §60109.1 of this Cha pter. SOURCE: GC § 8902.3. Amended by P.L. 32-150:1 (May 21, 2014 ). § 60109.1. Concealed Firearms; Shall Issue License . (a) The Guam Police Department is authorized to iss ue licenses to carry concealed firearms to persons qua lified as provided in this Section. Each such license must be ar a color photograph of the licensee. For the purposes of thi s Section, concealed firearms are defined as a handgun, shotgu n or rifle, but the term does not include a machine gun. For the purposes of this Section, machine gun means any firearm which shoots, or is COL1/11/202210 GCA HEALTH AND SAFETY CH.

a handgun, shotgu n or rifle, but the term does not include a machine gun. For the purposes of this Section, machine gun means any firearm which shoots, or is COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 9 designed to shoot, automatically more than one shot , without manually reloading, by a single function of the tri gger. Such licenses shall be valid for a period of three (3) years from the date of issuance and shall coincide with the date of the Firearms Identification Card. Any person in compliance with the terms of such license may carry a concealed weapon or concea led firearm. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and mus t display such upon demand by a law enforcement officer. The licen se shall be in the form of an endorsement upon the licensee's Guam Firearms Identification Card. Violations of the provisions o f this Subsection, by lawfully licensed concealed firearms licensees, shall constitute a noncriminal violation with a penalty of Twenty Five Dollars ($25.00).

ion Card. Violations of the provisions o f this Subsection, by lawfully licensed concealed firearms licensees, shall constitute a noncriminal violation with a penalty of Twenty Five Dollars ($25.00). (b) The Guam Police Department shall issue a license if the applicant: (1) is a resident of Guam and a citizen of the Uni ted States or permanent resident alien as defined by § 60108(b)(2) of this Chapter; (2) is twenty one (21) years of age or older; (3) does not suffer from a physical or mental infir mity which prevents the safe handling of a weapon or fir earm; (4) is not ineligible to possess a firearm by virtu e of having been convicted of a felony; (5) has not been committed for the abuse of a contr olled substance or been found guilty of a crime under the laws of Guam or similar laws of any other state relating to controlled substances within a three-year period immediately p receding the date on which the application is submitted; (6) does not chronically and habitually use alcohol ic beverages or other substances to the extent that hi s or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other

ohol ic beverages or other substances to the extent that hi s or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her n ormal faculties are impaired if the applicant has been co nvicted of a COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 10 violation of 16GCA Chapter 18 within the three-year period immediately preceding the date on which the applica tion is submitted; (7) desires a legal means to carry a concealed fire arm for lawful self-defense; (8) demonstrates competence with a firearm by any o ne (1) of the following: (A) is a certified instructor for the courses in th e following Subsections (B), (C), (D), (E) or (F); (B) completion of any National Rifle Association firearms safety or training course; (C) completion of any firearms safety or training course or class available to the general public off ered by a law enforcement, junior college, college, or priv ate or public institution or organization or firearms trai ning school, utilizing instructors certified by the Nati onal Rifle Association, the Criminal Justice Standards a nd Training

llege, or priv ate or public institution or organization or firearms trai ning school, utilizing instructors certified by the Nati onal Rifle Association, the Criminal Justice Standards a nd Training Commission, or the Guam Police Department; (D) completion of any law enforcement firearms safety or training course or class offered for secu rity guards, investigators, special deputies, or any div ision or subdivision of law enforcement or security enforcem ent; (E) presents equivalent experience with a firearm as evidenced by United States Armed Forces training record, or DD214 with a notation of firearms traini ng and honorable discharge; or (F) completion of any firearms training or safety course or class conducted by a Guam-certified or National Rifle Association certified firearms inst ructor. A photocopy of a certificate of completion, within the past five (5) years, of any of the courses or class es; or an affidavit from the instructor, school, club, organi zation, or group that conducted or taught said course or class attesting to the completion of the course or class by the applic ant; or a copy of any document which shows completion of the course COL1/11/202210 GCA HEALTH

conducted or taught said course or class attesting to the completion of the course or class by the applic ant; or a copy of any document which shows completion of the course COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 11 or class or evidences participation in firearms com petition shall constitute evidence of qualification under th is paragraph. Any person who conducts a course pursuant to subpar agraph (B), subparagraph (C) or subparagraph (F), or who, as an instructor, attests to the completion of such cours es, must maintain records certifying that he or she observed the student safely handle and discharge the firearm. Internet, online, self- study, or correspondence courses are not sufficient to satisfy the training requirements of this Subsection; (9) has not been adjudicated an incapacitated perso n under Guam law, or similar laws of any other state, unless five (5) years have elapsed since the applicant’s restor ation to capacity by court order; (10) has not been committed to a mental institution under Guam law, or similar laws of any other state, unles s the applicant produces a certificate from a licensed ps ychiatrist that he or she has not suffered from

n committed to a mental institution under Guam law, or similar laws of any other state, unles s the applicant produces a certificate from a licensed ps ychiatrist that he or she has not suffered from disability for at least five (5) years prior to the date of submission of the ap plication; (11) has not had adjudication of guilt withheld or imposition of sentence suspended on any felony, unless ten (10) years have elapsed since probation or any othe r conditions set by the court have been fulfilled; or a misdemeanor crime of family violence, unless three (3) years have elapsed since probation or any other condition s set by the court have been fulfilled. (12) has not been issued an injunction that is curr ently in force and effect and that restrains the applicant f rom committing acts of family violence or acts of repea t violence; (13) is not prohibited from purchasing or possessin g a firearm by any other provision of Guam law or feder al law; and (14) has been issued a current valid Guam Firearms Identification Card. (c) The Guam Police Department shall deny a license if the applicant has been found guilty of, had adjudicatio n of guilt withheld for, or had imposition of

t valid Guam Firearms Identification Card. (c) The Guam Police Department shall deny a license if the applicant has been found guilty of, had adjudicatio n of guilt withheld for, or had imposition of sentence suspend ed for one or COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 12 more crimes of violence constituting a misdemeanor, unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled. The Guam Police D epartment shall revoke a license if the licensee has been found gui lty of, had adjudication of guilt withheld for, or had impositi on of sentence suspended for one or more crimes of violence within the preceding three (3) years. The Department shall , upon notification by a law enforcement agency, or a court, and subsequent writ ten verification, suspend a license or the processing o f an application for a license if the licensee or applicant is arres ted or formally charged with a crime that would disqualify such per son from having a license under this Section, until final di sposition of the case. The Department shall suspend a license or the processing of an application for a license if the licensee or app licant

from having a license under this Section, until final di sposition of the case. The Department shall suspend a license or the processing of an application for a license if the licensee or app licant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violenc e. (d) The application shall be completed, under oath, on a form promulgated by the Guam Police Department, and shall include: (1) the name, address, place and date of birth, eth nicity, and occupation of the applicant; (2) a statement that the applicant is in compliance with criteria contained within Subsections (b) and (c); (3) a statement that the applicant has been furnish ed a copy of this Chapter and is knowledgeable of its pr ovisions; (4) a conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applica nt, subjects the applicant to criminal prosecution; and (5) a statement that the applicant desires a concea led weapon or firearms license as a means of lawful sel f-defense.

document by the applica nt, subjects the applicant to criminal prosecution; and (5) a statement that the applicant desires a concea led weapon or firearms license as a means of lawful sel f-defense. (e) The applicant shall submit to the Guam Police Department: (1) A completed application as described in Subsect ion (d). (2) The fee charged for a concealed firearms licens e COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 13 shall be the same fee charged for a concealed firearms authorized in Subsection (a) of § 60109 of this Ch apter. The difference between non-concealed and concealed carr y fees shall be prorated, on a monthly bases, for individuals w ho receive a concealed carry license subsequent to the issuance of a non-concealed Firearms Identification Card. Howev er, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a 'law enforcement officer,' 'correctional officer,' or 'c orrectional probation officer' is exempt from the licensing req uirements of this Section. If any individual holding an activ e certification from the Criminal Justice Standards and Training Co mmission as a 'law enforcement officer,' a

mpt from the licensing req uirements of this Section. If any individual holding an activ e certification from the Criminal Justice Standards and Training Co mmission as a 'law enforcement officer,' a 'correctional off icer,' or a 'correctional probation officer' wishes to receive a concealed weapons or firearms license, such person is exempt from the background investigation and all background investi gation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants. Further, a pers on who meets the qualifications as a Qualified Law Enforcement Officer or Qualified Retired Enforcement Officer under the provisions of the Law Enforcement Officers Safety Act (LEOSA, 18 U.S.C §§926B & C) are exempt from the required fees of this Chapter for a Firearms Identi fication Card and a Concealed Firearms License. (3) A photocopy of a certificate or an affidavit or document as described in Subsection (b)(8). (f) (1) The Guam Police Department, upon receipt of the items listed in Subsection (e), shall forward the full set of fingerprints of the applicant to the Federal Bureau of Investigation (FBI) or other appropriate federal la w enforcement agency.

t of the items listed in Subsection (e), shall forward the full set of fingerprints of the applicant to the Federal Bureau of Investigation (FBI) or other appropriate federal la w enforcement agency. (2) The Guam Police Department shall provide fingerprinting service if requested by the applican t, and may charge a fee not to exceed Twenty Dollars ($20.00) for this service. Fingerprinting, including fingerprinting f ees, shall be waived if the applicant has fingerprints on file fr om an application for a new or renewal of a Guam Firearms Identification Card. COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 14 (3) The Guam Police Department shall , within ninety (90) days after the date of receipt of the items li sted in Subsection (e): (A) issue the license; or (B) deny the application based solely on the ground that the applicant fails to qualify under the crite ria listed in Subsection (b) or Subsection (c). If the Guam Polic e Department denies the application, it shall notify the applicant in writing, stating the grounds for denia l and informing the applicant of any right to a hearing.

Subsection (c). If the Guam Polic e Department denies the application, it shall notify the applicant in writing, stating the grounds for denia l and informing the applicant of any right to a hearing. (C) In the event the Department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limita tion prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restor ation of civil and firearm rights. (D) In the event a legible set of fingerprints, as determined by the Guam Police Department or the Fed eral Bureau of Investigation, cannot be obtained after t wo attempts, the Guam Police Department shall determine eligibility based upon the name checks. (E) A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the Un ited States, and is certified as such by the foreign gov ernment and by the appropriate embassy in this country, mus t be issued a license within twenty (20) days after the date of the receipt of a completed application, certificati on document, color photograph as specified in

ropriate embassy in this country, mus t be issued a license within twenty (20) days after the date of the receipt of a completed application, certificati on document, color photograph as specified in Subsecti on (e)(5), and a nonrefundable license fee of Three Hu ndred Dollars ($300.00). Consular security official licen ses shall be valid for one (1) year and may be renewed upon completion of the application process as provided i n this Section. (g) The Guam Police Department shall maintain an automated database listing of licensees and pertine nt information, and such information shall be available online, upon request, at all COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 15 times to all law enforcement agencies. (h) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Guam Police Department of such change. Failure to notify the Guam Police Depa rtment pursuant to the provisions of this Subsection shall constitute a noncriminal violation with a penalty of Twenty Five Dollars ($25.00).

nt of such change. Failure to notify the Guam Police Depa rtment pursuant to the provisions of this Subsection shall constitute a noncriminal violation with a penalty of Twenty Five Dollars ($25.00). (i) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the same was issued may, upon paymen t of Fifteen Dollars ($15.00) to the Guam Police Department, obt ain a duplicate, or substitute thereof, upon furnishing a notarized statement to the Guam Police Department that such l icense has been lost or destroyed. (j) A license issued under this Section shall be suspended or revoked if the licensee: (1) is found to be ineligible under the criteria se t forth in Subsection (b); (2) develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm; (3) is convicted of a felony which would make the licensee ineligible to possess a firearm; (4) is found guilty of a crime under the provisions of Chapter 67 of 9GCA, or similar laws of any other st ate, relating to controlled substances; (5) is committed as a substance abuser, or is deeme d a habitual offender under

ime under the provisions of Chapter 67 of 9GCA, or similar laws of any other st ate, relating to controlled substances; (5) is committed as a substance abuser, or is deeme d a habitual offender under public law, or similar laws of any other state; (6) is convicted of a second violation of substance or alcohol abuse, or a similar law of another state, w ithin three (3) years of a previous conviction of such offense, or similar law of another state, even though the first violati on may have occurred prior to the date on which the application was submitted; COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 16 (7) is adjudicated an incapacitated person under pu blic law, or similar laws of any other state; or (8) is committed to a mental institution under publ ic law, or similar laws of any other state. (k) (1) No less than ninety (90) days before the expiration date of the license, the Guam Police Department shall mail to each licensee a written notice of the expiration an d a renewal form prescribed by the Guam Police Department. The licensee must renew his or her license on or before the expi ration date by filing with the Guam Police Department the renew al form containing a

al form prescribed by the Guam Police Department. The licensee must renew his or her license on or before the expi ration date by filing with the Guam Police Department the renew al form containing a notarized affidavit stating that the l icensee remains qualified pursuant to the criteria specifie d by this Section. The license shall be renewed upon receipt of the completed renewal form. Additionally, a licensee wh o fails to file a renewal application on or before its expirat ion date must renew his or her license by paying a late fee of Fi fteen Dollars ($15.00). A license may not be renewed one hundred eighty (180) days or more after its expiration date, and s uch a license is deemed to be permanently expired. A person whose license has permanently expired may reapply for licensure; however, an application for licensure and fees under Subsect ion (e) must be submitted, and a background investigation shall be conducted pursuant to this Section. A person who kn owingly files false information under this Subsection is su bject to criminal prosecution. (2) A license issued to a member of the United Stat es Armed Forces, is subject to paragraph (1); however, such a license does not

formation under this Subsection is su bject to criminal prosecution. (2) A license issued to a member of the United Stat es Armed Forces, is subject to paragraph (1); however, such a license does not expire while the member of the United States Armed Forces is serving on active duty military ord ers and deployed outside of Guam. The member of the United States Armed Forces must present to the Guam Police Depart ment a copy of his or her official military orders or a wr itten verification from the member’s commanding officer b efore the end of the 180-day period in order to qualify f or the extension, unless the member of the United States A rmed Forces is subject to a deployment of greater than t he 180-day period, then within 30 days of returning to Guam. (l)(1) A license issued under this Section does no t COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 17 authorize any person to openly carry a firearm or c arry a concealed firearm into: (A) any detention facility, prison, or jail; (B) any courthouse; (C) any courtroom, except that nothing in this Section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her

jail; (B) any courthouse; (C) any courtroom, except that nothing in this Section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; (D) I Liheslaturan Guåhan; (E) private property or business premises where carrying of firearms is prohibited by the property owner, lessee, or business owner, and said prohibition is posted on the premises; (F) while under the influence of alcohol (blood alcohol content of .08% or higher) or a controlled substance; (G) any place where the carrying of firearms is prohibited by federal law; (H) as stated in Title 9 GCA Chapter 71, 'The Guam Gun Free School Zone Act of 2004;' or (I) any property rented, leased, owned, or controlled by the Guam Police Department, including , but not limited to, any police station or precinct, sub- station, administrative office, and office space, w ith the only exception being the Guam Police Armory for the purposes of inspection, registration, or transfer o f firearm, and the firearm shall be unloaded. (2) A person licensed under this Section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

tion, or transfer o f firearm, and the firearm shall be unloaded. (2) A person licensed under this Section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes. (3) Nothing in this statute shall be construed to p rohibit a property owner or lessee of a residential or busi ness property to carry a firearm, concealed or otherwise within t heir own property with a valid firearm identification, or al low any COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 18 person employed and/or authorized by the owner, ope rator, or manager to carry a firearm on such premises with a valid firearm identification. (4) Any person who knowingly and willfully violates any provision of this Subsection commits a misdemea nor. SOURCE: Added by P.L. 32-150:2 (May 21, 2014). Subitem (b) (1) amended by P.L. 33-134:2 (Mar. 4, 2016). Subsection (b)(8) amended by P.L. 33-169:1 (June 30, 2016). Subsection (l)(1) a mended by P.L. 36-069:2 (Dec. 27, 2021). § 60110. Registration . Any person purchasing, receiving by gift, device or otherwise, acquiring or otherwise coming into permanent posses sion of a firearm, the possession of which is permitted by th is chapter, shall

on . Any person purchasing, receiving by gift, device or otherwise, acquiring or otherwise coming into permanent posses sion of a firearm, the possession of which is permitted by th is chapter, shall register the same with the Department within three (3) working days after acquiring said firearm on the forms spec ified by the Department. Such facts and information shall be giv en 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 p resenting the firearm also displays current identification card e videncing his eligibility to own, possess, use or carry the firea rm presented for inspection as to the facts required for registratio n. Any firearm registration which expires on or after March 1, 198 8 or which is thereafter issued under this chapter shall be perma nent for as long as the registrant retains the firearm. The Chief of Police shall promulgate rules and regulations establishing a per manent firearms identification card and a reasonable fee to cover t he cost incurred.

the registrant retains the firearm. The Chief of Police shall promulgate rules and regulations establishing a per manent firearms identification card and a reasonable fee to cover t he cost incurred. SOURCE: GC § 8903, as amended by P.L. 13-166, and by P.L. 1 9-34:29 . § 60110.1. Firearms. A grace period for payment of fees due for renewal of registration for a firearm for a member of the Guam National Guard or Reserves, or a dependent of a member of the Guam National Guard or Reserves, while that member is on active s ervice outside Guam and for the next one hundred eighty (180) days after completion of such service. No interest or penaltie s shall be assessed for any period prior to expiration of the one hundred COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 19 eighty (180) days. SOURCE: Added by P.L. 29-148:4 (Jan 30, 2009) . § 60111. Transfer of Firearm: Private. Upon the transfer of any firearm from one person no t 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 o ne permanently possessing the firearm, indicating the prior owner or

not a dealer, manufacturer, wholesaler or repairer, other than on loan, a new registration must be obtained by the new owner or o ne permanently possessing the firearm, indicating the prior owner or possessor, and his identification card number, as well as all info rmation pertinent to the new owner or possessor. SOURCE: GC § 8903.1. § 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. SOURCE: GC § 8903.2. § 60113. Loss, Destruction or Theft of Identificati on Card or Firearm. (a) Upon the destruction, mutilation, loss or theft of any identification card, the holder shall report the ev ent to the Department and may obtain a duplicate card upon the payment of the fee required therefor and upon proof of loss, m utilation, destruction or theft. If any portion of the origina l card remains, the holder must surrender it to the Department before r eceiving a duplicate. (b) Upon the loss, theft, damage beyond repair to any firearm registered under this Chapter, the holder of the id entification card applicable to the weapon in question shall report t he event to

te. (b) Upon the loss, theft, damage beyond repair to any firearm registered under this Chapter, the holder of the id entification card applicable to the weapon in question shall report t he event to the Department, along with the nature of the dispositio n of the firearm, if lost, destroyed or damaged beyond repair, and th e same information shall be recorded upon the registration records kept by the Department applicable to the firearm involved. (c) The holder of any identification card or any person in whose name a firearm is registered shall report to the Department any change in the facts stated upon the card and an y change in the COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 20 facts which would effect the holder's eligibility t o continue to possess a card. (d) The holder shall report any of the events req uired to be reported by Subsection (a) and (b) above within thr ee (3) working days of their occurrence and any of the events requ ired to be reported by Subsection (c) within ten (10) days of their occurrence. SOURCE: GC § 8904. § 60114. Identification Card: Possession.

orking days of their occurrence and any of the events requ ired to be reported by Subsection (c) within ten (10) days of their occurrence. SOURCE: GC § 8904. § 60114. Identification Card: Possession. (a) No person may use or possess a firearm regardle ss 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 ei ther 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 t he intent to use or display, an identification card which has been s uspended 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 ob literate the name of the make, model, manufacturer's number or o ther mark of identity of any firearm or

ve for the purpose of obtaining any firearm. (d) No person shall willfully alter, remove or ob literate the name of the make, model, manufacturer's number or o ther mark of identity of any firearm or ammunition. Possession o f a firearm or ammunition upon which any mark of identity has been altered, removed or obliterated shall be presumptive evidenc e that the possessor has altered, removed or obliterated the s ame. (e) If any person, in complying with any of the r equirements 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 f alsification and punished therefore as provided by § 52.30 of the Cr iminal and Correctional Code. Additionally, upon conviction, s uch person shall not be eligible for an identification for a period of ten (10) years, and any existing identification card issued to such person shall be COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 21 revoked, and any firearms possessed pursuant to suc h identification card forfeited. (f) The registered owner shall report to the Guam Police Department the loss, theft, sale or transfer

FIREARMS 21 revoked, and any firearms possessed pursuant to suc h identification card forfeited. (f) The registered owner shall report to the Guam Police Department the loss, theft, sale or transfer of a f irearm within three (3) working days thereof. SOURCE: GC § 8904.1, as amended by P.L. 13-187. Subsection (c) of § 60114 was amended by P.L. 19-34:30, subsection (f) was added by P.L. 19- 34:30. § 60115. Dealer: Registration. Dealers, etc., must register. Any person who is a d ealer, manufacturer, wholesaler or retailer of firearms or ammunition within the territory of Guam who must register purs uant to § 60104 shall do so by supplying the Department with inform ation required by it relative to the name of the business, name or names of the owners, whether the business is a corporation, sole proprietorship, partnership or any other form, relative to the type s of firearms sold, manufactured, bought or repaired by such business, to the security of the storage areas of the business wherein the fi rearms are stored and any other information deemed necessary by the D epartment. Upon receipt of the necessary information, the Depa rtment shall issue a registration card, which shall

wherein the fi rearms are stored and any other information deemed necessary by the D epartment. Upon receipt of the necessary information, the Depa rtment shall issue a registration card, which shall be prominent ly displayed at the place of business of the person or firm so regi stered and copies to be displayed at each location where firearms are sold. SOURCE: GC § 8905. § 60116. Conduct of Dealer's Business. Any person or firm licensed pursuant to § 60104 sha ll, in the conduct of his business: (a) Display no firearms or ammunition in any place where they can be seen from outside the premises. (b) Keep all firearms and ammunition in a securely locked place at all times except when they are actu ally being shown to a customer or when actually being repaired or worked on. (c) Permit only persons who are holders of identifi cation cards making them eligible to purchase, possess and use the firearms sold by the registrant or repaired by the repair facility COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 22 to have access to the firearms or ammunition, excep t that nothing in this Section shall be construed to requi re a cus- tomer to show an identification card prior to his e

SAFETY CH. 60 FIREARMS 22 to have access to the firearms or ammunition, excep t that nothing in this Section shall be construed to requi re a cus- tomer to show an identification card prior to his e ngaging in a transaction for which an identification card is req uired by this Chapter. (d) Sell only to persons who have a valid identific ation card making them eligible to purchase, own, possess , use and carry the firearm or ammunition which is the subjec t of the transaction. (e) Keep a continuing and up-to-date inventory of a ll firearms and ammunition in his possession and repor t the loss, theft, damage or destruction of the same to the Dep artment immediately upon the discovery of the event. (f) Deliver a written warning to the purchaser or transferee of a firearm a written warning which sta tes in block letters not less than one-fourth inch (1/4') in hei ght: It is unlawful and punishable by imprisonment and a fine for any adult to store or leave a fire- arm without placing it in a secure locked cabinet or closet, or without a trigger lock in place. (g) Conspicuously post at each purchase counter the following warning in block letters not less than on e (1) inch in height:

in a secure locked cabinet or closet, or without a trigger lock in place. (g) Conspicuously post at each purchase counter the following warning in block letters not less than on e (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. SOURCE: GC § 8905.1. Item 6 added by P.L. 20-223:5; Item 7 added by P.L. 20-223:6. 2014 NOTE: Subsection designations were altered to adhere to t he Compiler’s alpha-numeric scheme pursuant to the aut hority granted by 1 GCA § 1606. § 60117. Repair. No person, other than the owner or possessor of a f irearm, may accept any firearm for repair without having fi rst been shown a valid identification card showing the person deli vering the COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 23 firearm to such person accepting it for repair to b e eligible to possess the firearm in question. No firearm shall b e returned to any person after repair or other work done on it withou t the repairer having seen the identification card of the one to w hom the firearm is to be given. SOURCE: GC § 8905.2. § 60118. Private Sale or Transfer.

after repair or other work done on it withou t the repairer having seen the identification card of the one to w hom the firearm is to be given. SOURCE: GC § 8905.2. § 60118. Private Sale or Transfer. Any person engaging in a private sale, loan or othe r transfer of a firearm shall be shown by the person receiving th e firearm an identification card evidencing the receiver's right to own, possess, use and carry such firearm. It shall be unlawful fo r a person to transact a private sale, loan, gift or transfer wit hout having seen the valid identification card of the person receiving t he firearm. SOURCE: GC § 8905.3. § 60119. Shooting Gallery: Registration. Any person who operates a shooting gallery within t he Territory who must register pursuant to § 60105 sha ll do so by supplying the Department with information required by it relative to the name of the business, name or names of the o wners, whether the business is a corporation, sole proprietorship, partnership or any other form, relative to the types of firearms used and stored at the shooting gallery and the security of the gallery an d storage areas.

ess is a corporation, sole proprietorship, partnership or any other form, relative to the types of firearms used and stored at the shooting gallery and the security of the gallery an d storage areas. Upon receipt of the necessary information, the Depa rtment shall issue a registration card, which shall be prominent ly displayed at the place of business. A separate registration card shall be required for each place where the business is conducted. SOURCE: GC § 8905.5, as added by P.L. 15-132. § 60120. Rules and Regulations. The Chief of Police may adopt, pursuant to the Admi nistrative Adjudication Act, rules and regulations to implemen t this Chapter. Nevertheless, the absence of such rules and regulat ions shall not affect the implementation of this Chapter. SOURCE: GC § 8906. § 60121. Prohibitions and Penalties. COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 24 (a) Any person who knowingly owns or possesses an unregistered firearm shall be punishable by impriso nment of not less than one (1) year and a fine of not less than One Thousand Dollars ($1,000). (b) For any violation of this Chapter or the rules and regulations adopted hereunder where another penalty is not set

less than one (1) year and a fine of not less than One Thousand Dollars ($1,000). (b) For any violation of this Chapter or the rules and regulations adopted hereunder where another penalty is not set forth specifically, any person, corporation, firm o r business found guilty shall be guilty of a misdemeanor. In the cas e of a corporation, business or other firm convicted of a violation of this Chapter, as a legal person, then the individual act ually performing the acts forbidden or omitting the acts required sh all be guilty in addition to the corporation, firm or business as an entity. (c) Any person who carries a concealed firearm with out a valid identification card evidencing permission to carry a concealed weapon shall be guilty of a felony which shall be p unishable for a term of imprisonment of not less than three (3) yea rs and a fine of not less than One Thousand Dollars ($1,000). (d) Any person who knowingly removes, obliterates o r alters the identifying marks of a firearm shall be guilty of a felony which shall be punishable for a term of imprisonment of n ot less than three (3) years and a fine of not less than One Tho usand Dollars ($1,000).

fying marks of a firearm shall be guilty of a felony which shall be punishable for a term of imprisonment of n ot less than three (3) years and a fine of not less than One Tho usand Dollars ($1,000). (e) Any person purchasing, possessing, using or car rying a firearm without an applicable identification card s hall be guilty of a felony which shall be punishable for a term of impr isonment of not less than three (3) years and a fine of not less th an One Thousand Dollars ($1,000). (f) Any person, legal or natural, who transfers, gi ves, returns, sells or loans any firearm to any person without a valid identification card is guilty of a felony which sha ll 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) . In the case of a violation by a legal person, the natural persons liable for punishment under this Section, in addition to said legal person, shall be the person or persons performing the forbi dden acts or omitting the required acts and any responsible offi cer of the legal COL1/11/202210 GCA HEALTH AND SAFETY CH.

on to said legal person, shall be the person or persons performing the forbi dden acts or omitting the required acts and any responsible offi cer of the legal COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 25 person who knew or should have known of the acts or omissions committed. (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 impr isonment not less than five (5) years and a fine of not less th an 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 shoul d have known of the act as omission committed shall be lia ble for punishment under this section (2) This section does not apply when a minor is bei ng 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 compl ying with the provisions of Department of Agriculture Hunting Regula- tions §§ 15300.00 through 15300.29.

erly licensed, is hunting with his parent or guardian who is also properly licensed and compl ying with the provisions of Department of Agriculture Hunting Regula- tions §§ 15300.00 through 15300.29. (h) Any person who negligently entrusts a firearm t o 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 fi ne of not less than One Thousand Dollars ($1,000). (i) Imposition of sentence pursuant to the provisio ns of this Section shall not be suspended nor shall probation be granted and the offender shall not be eligible for parole nor w ork release until the term of imprisonment prescribed herein has been completed. (j) Notwithstanding provisions of this Section to t he contrary, in the case of an offender not previously convicted of a felony, the court may sentence the offender to not more than tw o (2) years imprisonment for an offense established by the prov isions of Subsections (b), (c), (d), (e) or (f) of this Secti on. The provisions of Subsection (i) of this Section prohibiting probatio n, suspension, parole or work release shall not be applicable to s uch an offender. SOURCE: GC § 8907, as amended by P.L.

cti on. The provisions of Subsection (i) of this Section prohibiting probatio n, suspension, parole or work release shall not be applicable to s uch an offender. SOURCE: GC § 8907, as amended by P.L. 14-140. New subsectio n (a) added by P.L. 20-223:15; subsections (f) and (g) we re redesignated subsections (h) and (i) respectively by P.L. 20-223 :7. New subsection (f) added by P.L. 20-223:8; new subsection (g) added by P.L. 20-223:9. Because P.L. 20-223:15 added a new subsection (a) t o this Section, all subsequent subsections were re-lettered accordingly . COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 26 2008 COMMENT : Subsection (j) was enacted by P.L. 14-140 as (g) and was not amended by P.L. 20-223. However, when the a mendments by P.L. 20-223 were codified, the subsection references wit hin (j) were not corrected. The original references were to (a), (b) , (c), (d), (e) and (f). These references are now changed to (b), (c), (d), (e), ( f) and (i), respectively, to reflect the corresponding redesignations caused by P.L. 20-223. § 60121.1. Same: Restricted Bullets. Any person who imports, manufactures or sells a res tricted bullet on Guam, except as specifically

reflect the corresponding redesignations caused by P.L. 20-223. § 60121.1. Same: Restricted Bullets. Any person who imports, manufactures or sells a res tricted bullet on Guam, except as specifically authorized b y the Chief of Police for purposes of public safety shall be guilt y of a felony of the third degree and if the person holds a business license or is registered under the provisions of this Chapter, su ch business license and such registration shall be subject to r evocation. SOURCE: GC § 8907.1, as added by P.L. 16-79. § 60121.2. Same: Same. Any person who possesses or carries a restricted bu llet not in accordance with the regulations promulgated by the Chief of Police shall be guilty of a felony of the third degree. SOURCE: GC § 8907.2, as added by P.L. 16-79. § 60122. Fees. (a) The fee for each identification card, duplicate or renewal thereof shall be Five Dollars ($5.00) and shall be paid to the Treasurer of Guam for the account of the Department of Revenue and Taxation before any identification card may be issued or renewed. (b) The annual registration fee for every dealer, shooting gallery, manufacturer, wholesaler, retailer and rep airer shall be One Hundred

tion before any identification card may be issued or renewed. (b) The annual registration fee for every dealer, shooting gallery, manufacturer, wholesaler, retailer and rep airer shall be One Hundred Dollars ($100) and shall be payable to the Treasurer of Guam for the account of the Department of Revenue a nd Taxation before any such registration may be issued, renewed or a duplicate card issued. (c) The fee for registration of every firearm by an individual shall be Two Dollars ($2.00) payable to the Treasur er of Guam for the account of the Department of Revenue and Taxati on before any such registration may be issued or a duplicate issu ed. COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 27 (d) Registrations for dealers, shooting galleries, retailers, wholesalers, manufacturers and repairers shall be r enewed annually at the same time as the business license is renewed and shall be prorated on the same scale as in the business licen se for the establishment involved. SOURCE: GC § 8908, as amended by P.L. 15-132. § 60123. Revalidation of Previous Weapon Registrati on. All registrations of weapons issued under any prior law are hereby declared revalidated as of the date of

GC § 8908, as amended by P.L. 15-132. § 60123. Revalidation of Previous Weapon Registrati on. All registrations of weapons issued under any prior law are hereby declared revalidated as of the date of enact ment of this Act and shall be valid until the next birthday of the h older, at which time an identification card must be obtained and th e firearms registered according to the provisions of this Chap ter. This Section does not apply to firearms owned, possessed, used o r carried in a manner declared illegal by any previous Act. SOURCE: GC § 8909. § 60124. Registration of Prohibited Firearms. Any firearm which cannot be legally owned, possesse d, used or carried pursuant to this Act but which was legal ly 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 § 6 0123, at which time he must dispose of the firearm. If he cannot d o so without loss to himself, the Department is authorized to purchas e the firearm from the legal owner based upon the fair market val ue at the time of last eligibility to possess or own as stated in § 60123, and keep

himself, the Department is authorized to purchas e the firearm from the legal owner based upon the fair market val ue at the time of last eligibility to possess or own as stated in § 60123, and keep or dispose of the firearm as the Chief of Police de termines. SOURCE: GC § 8909.1. § 60125. Firearms Forfeited: When . Upon the conviction of any violation of this Chapte r or of any crime wherein the use of firearms was an element or part or was involved in the commission thereof, the firearms in volved in the violation shall be declared forfeit by the court co nvicting such person and be given to the Department for its use, sale or destruction. In addition, the court shall either re voke the applicable identification card or business registration or sus pend the same for a period of not less than six (6) months nor for mo re than two (2) COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 28 years. In the case of a conviction of a business, t he weapons shall be forfeited only where the registration is revoked . In the case of suspension of a business registration no firearms s hall be sold. SOURCE: GC § 8909.2. § 60126. Registry.

ness, t he weapons shall be forfeited only where the registration is revoked . In the case of suspension of a business registration no firearms s hall be sold. SOURCE: GC § 8909.2. § 60126. Registry. The Department shall maintain a confidential regist ry, open only to law enforcement officials, of all firearms registered for the life of the weapon on Guam and for two years therea fter. However, once a firearm has been transferred and the registr ation canceled in the name of the transferor, then the records of the transferor may be destroyed. SOURCE: GC § 8909.3. § 60127. New Residents. Any United States citizen who is in legal possessio n of a firearm or ammunition thereof pursuant to the laws of any state, territory, possession or Trust Territory of the Uni ted States shall have a period of thirty (30) days after arriving on Guam as a new resident in which to apply for an identification ca rd and during that period may continue to use the firearm and, for tha t purpose, the gun is legally in his possession until an identific ation card is issued or denied him. Thereafter, all provisions of this C hapter apply in full to such person and he must purchase, possess o r use firearms

egally in his possession until an identific ation card is issued or denied him. Thereafter, all provisions of this C hapter apply in full to such person and he must purchase, possess o r use firearms only in compliance therewith. The Section does not apply to any firearm which may not be legally possessed or used, carried or purchased under this Chapter. With respect to such firearms the provisions of § 60123 shall apply except that under this Section the new resident has thirty (30) days in which to compl y. Further, this Section does not apply to persons transiting Guam. Such transiting persons shall not have in their possession any fire arm on Guam without first obtaining permission therefor from th e Chief of Police. SOURCE: GC § 8910. § 60128. Exceptions. The provisions of Civil Code §§ 1714.2, and 1716.1; and subitems (40) and (41) of § 5107, Title 6, Guam Cod e Annotated, shall not apply: COL1/11/202210 GCA HEALTH AND SAFETY CH. 60 FIREARMS 29 (a) If the firearm is stored in a secure, locked ca binet 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 fire arm.

earm is stored in a secure, locked ca binet 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 fire arm. (c) To members of the Armed Forces, National Guard, police or other law enforcement officials with resp ect to firearm possession by a minor which occurs during o r incidental to the performance of their official dut ies. (d) If the firearm was properly secured by the owne r with a trigger lock. SOURCE: GC § 8910.1. Repealed and reenacted by P.L. 20-223: 13. § 60129. Severability. If any provisions of this Chapter or the applicatio n thereof to any person or circumstances is held invalid, the in validity shall not effect other provisions or applications of this Cha pter which can be given effect without the invalid provisions or appl ication, and to this end the provisions of this Chapter are severab le. SOURCE: GC § 8910.2. ---------- COL1/11/2022