Concealed Firearms; Shall Issue License

(a)The Guam Police Department is authorized to issue licenses to carry concealed firearms to persons qualified as provided in this Section. Each such license must bear a color photograph of the licensee. For the purposes of this Section, “concealed firearms” are defined as a handgun, shotgun 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 designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger. 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 concealed 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 must display such upon demand by a law enforcement officer. The license shall be in the form of an endorsement upon the licensee’s Guam Firearms Identification Card. Violations of the provisions of 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 United 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 infirmity which prevents the safe handling of a weapon or firearm;

(4)is not ineligible to possess a firearm by virtue of having been convicted of a felony;

(5)has not been committed for the abuse of a controlled 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 preceding the date on which the application is submitted;

(6)does not chronically and habitually use alcoholic beverages or other substances to the extent that his 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 normal faculties are impaired if the applicant has been convicted of a violation of 16GCA Chapter 18 within the threeyear period immediately preceding the date on which the application is submitted;

(7)“desires a legal” means to carry a concealed firearm for lawful self-defense;

(8)demonstrates competence with a firearm by any one

(1)of the following:

(A)is a certified instructor for the courses in the 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 offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, the Criminal Justice Standards and Training Commission, or the Guam Police Department; CH. 60 FIREARMS

(D)completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

(E)presents equivalent experience with a firearm as evidenced by United States Armed Forces training record, or DD214 with a notation of firearms training and honorable discharge; or

(F)completion of any firearms training or safety course or class conducted by a Guamcertified or National Rifle Association certified firearms instructor. A photocopy of a certificate of completion, within the past five

(5)years, of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this paragraph. Any person who conducts a course pursuant to subparagraph (B), subparagraph

(C)or subparagraph (F), or who, as an instructor, attests to the completion of such courses, 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 person under Guam law, or similar laws of any other state, unless five

(5)years have elapsed since the applicant’s restoration to capacity by court order;

(10)has not been committed to a mental institution under Guam law, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that he or she has not suffered from disability for at least five

(5)years prior to the date of submission of the application;

(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 other 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 conditions set by the court have been fulfilled.

(12)has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of family violence or acts of repeat violence;

(13)is not prohibited from purchasing or possessing a firearm by any other provision of Guam law or federal 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 adjudication of guilt withheld for, or had imposition of sentence suspended for one or 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 Department shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition 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 written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this Section, until final disposition of the case. The Department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. CH. 60 FIREARMS

(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, ethnicity, 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 furnished a copy of this Chapter and is knowledgeable of its provisions;

(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 applicant, subjects the applicant to criminal prosecution; and

(5)a statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.

(e)The applicant shall submit to the Guam Police Department:

(1)A completed application as described in Subsection (d).

(2)The fee charged for a concealed firearms license shall be the same fee charged for a concealed firearms authorized in Subsection

(a)of § 60109 of this Chapter. The difference between nonconcealed and concealed carry fees shall be prorated, on a monthly bases, for individuals who receive a concealed carry license subsequent to the issuance of a non-concealed Firearms Identification Card. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a “law enforcement officer,” “correctional officer,” or “correctional probation officer” is exempt from the licensing requirements of this Section. If any individual holding an active certification from the Criminal Justice Standards and Training Commission as a “law enforcement officer,” a “correctional officer,” 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 investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants. Further, a person 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 Identification Card and a Concealed Firearms License.

(3)A photocopy of a certificate or an affidavit or document as described in Subsection (b)(8).

(f)[No text]

(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 law enforcement agency.

(2)The Guam Police Department shall provide fingerprinting service if requested by the applicant, and may charge a fee not to exceed Twenty Dollars ($20.00) for this service. Fingerprinting, including fingerprinting fees, shall be waived if the applicant has fingerprints on file from an application for a new or renewal of a Guam Firearms Identification Card.

(3)The Guam Police Department shall, within ninety

(90)days after the date of receipt of the items listed in Subsection (e):

(A)issue the license; or CH. 60 FIREARMS

(B)deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in Subsection

(b)or Subsection (c). If the Guam Police Department denies the application, it shall notify the applicant in writing, stating the grounds for denial 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 limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.

(D)In the event a legible set of fingerprints, as determined by the Guam Police Department or the Federal Bureau of Investigation, cannot be obtained after two 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 United States, and is certified as such by the foreign government and by the appropriate embassy in this country, must be issued a license within twenty

(20)days after the date of the receipt of a completed application, certification document, color photograph as specified in Subsection (e)(5) [See 2025 Note], and a nonrefundable license fee of Three Hundred Dollars ($300.00). Consular security official licenses shall be valid for one

(1)year and may be renewed upon completion of the application process as provided in this Section.

(g)The Guam Police Department shall maintain an automated database listing of licensees and pertinent information, and such information shall be available online, upon request, at all 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 Department 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 payment of Fifteen Dollars ($15.00) to the Guam Police Department, obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the Guam Police Department that such license 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 set 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 state, relating to controlled substances;

(5)is committed as a substance abuser, or is deemed 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, within three

(3)years of a previous conviction of such offense, or similar law of another state, CH. 60 FIREARMS even though the first violation may have occurred prior to the date on which the application was submitted;

(7)is adjudicated an incapacitated person under public law, or similar laws of any other state; or

(8)is committed to a mental institution under public law, or similar laws of any other state.

(k)[No text]

(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 and a renewal form prescribed by the Guam Police Department. The licensee must renew his or her license on or before the expiration date by filing with the Guam Police Department the renewal form containing a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified by this Section. The license shall be renewed upon receipt of the completed renewal form. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his or her license by paying a late fee of Fifteen Dollars ($15.00). A license may not be renewed one hundred eighty

(180)days or more after its expiration date, and such 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 Subsection

(e)must be submitted, and a background investigation shall be conducted pursuant to this Section. A person who knowingly files false information under this Subsection is subject to criminal prosecution.

(2)A license issued to a member of the United States 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 orders and deployed outside of Guam. The member of the United States Armed Forces must present to the Guam Police Department a copy of his or her official military orders or a written verification from the member’s commanding officer before the end of the 180-day period in order to qualify for the extension, unless the member of the United States Armed Forces is subject to a deployment of greater than the 180-day period, then within 30 days of returning to Guam.

(l)[No text]

(1)A license issued under this Section does not authorize any person to openly carry a firearm or carry 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 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 CH. 60 FIREARMS

(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, with the only exception being the Guam Police Armory for the purposes of inspection, registration, or transfer of 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 prohibit a property owner or lessee of a residential or business property to carry a firearm, concealed or otherwise within their own property with a valid firearm identification, or allow any person employed and/or authorized by the owner, operator, 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 misdemeanor.