Another admin bill rejected by Senators as “incomplete”

Pago Pago, AMERICAN SAMOA — Another Administration bill — this time, legislation seeking to legalize the possession of air guns, which includes BB guns — has met its fate with the Senate rejecting the proposed law, after senators learned that there was no input on the measure from the Attorney General and the Police Commissioner before it was submitted to the Fono.

The Senate decision was made during last week’s session in second reading, following a Senate Public Safety & Homeland Security Committee hearing, where Police Commissioner, Lefiti A. Pese informed senators that there was no communication between his office and the Governor’s chief legal counsel, Jason Mitchell when the bill was drafted and sent to the Fono.

He asked the committee for a chance to review this important bill, which he says should have local Education Department play a role as it oversees the JROTC program that uses air guns. He asked senators for the bill to be returned so that he and the attorney general are able to review it and provide comments if necessary.

Committee chairman, Sen. Fai’ivae Iuli Godinet shared with the committee the importance of such bill to get recommendations and official statements from the police commissioner and Attorney General Fainu’ulelei Falefatu Alailima-Utu.

Sen. Malaepule Saite Moliga supported Lefiti’s request and moved to return the bill to the Administration for appropriate revisions. He said the police commissioner and the attorney general are the territory’s “top law enforcement” officials and should be given a chance to review the bill.

One provision of the bill allows the JROTC program to use air-guns and another provision requires adult supervision of minors when they use air guns.

Malaepule said the JROTC program have been in existence in the territory for some two-decades and he questioned Mitchell — the governor’s chief legal counsel — where the government got the authority to use air-guns for JROTC high school competitions.

While Mitchell responded that he wasn’t sure, Alailima-Utu pointed to a provision of the local law — which listed prohibited weapons — and doesn’t ban the use of air guns. He said the bill — among other things — allows an exception for the use of air guns, including that a minor be supervised by an adult when air guns are used.

Alailima-Utu also said that some US states allow air guns to be used by 18-years and older as a “recreational instrument”. He shared with the committee that Mitchell is a certified firearms instructor in the state of Georgia.

Responding to a committee question, Mitchell said the intent of the bill is to allow air guns for recreational purposes. And that he was asked by the governor to draft this bill.

Senators who spoke during the nearly one-hour hearing supported Lefiti’s request. There were also senators who called for the committee to take action by rejecting the measure and sending it back to the Governor’s Office to make revisions as needed.

This will be at least the fourth Administration bill already rejected by the Senate, calling these bills  “incomplete” — meaning not all needed provisions are outlined in the legislation. One major issue of concern that has surfaced during committee hearings is that Administration bills are drafted by the Governor’s chief legal counsel and sent to the Fono without review by the attorney general.

As of last Friday, the House version of the bill remains pending in committee.