State law does not comply with minimum requirements of the federal Gun-Free Schools Act (GFSA).
9 Guam Code Annotated 71.10 Title
This Chapter shall be known, and may be cited, as The Guam Gun-Free School Zone Act of 2004''.
9 Guam Code Annotated 71.20 Definitions
As used in this Chapter, the following definitions shall apply:
- (a) "School zone'' means an area in, or on the grounds of, a public or private school providing instruction in early childhood, kindergarten or grades 1 to 12, inclusive.
- (b) "Firearm'' shall mean as defined in 10 GCA § 60100.
- (c) "Concealed firearm'' shall mean as defined in 9 GCA § 60108(e).
9 Guam Code Annotated 71.30 Person Not Allowed to Possess Firearms
Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (a) of Subdivision § 71.20, shall be punished as specified in Subdivision § 71.60.
9 Guam Code Annotated 71.40 Prohibition on Discharge of Firearm.
It shall be unlawful for any person to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (a) of Subdivision § 71.20. The prohibition contained in this Subdivision does not apply to the discharge of a firearm if the firearm is discharged in an area that is designated as a shooting range at a University or College.
9 Guam Code Annotated 71.60 Punishment.
Any person who violates § 71.30, § 71.40, or § 71.50 of this Act shall be guilty of a felony of the third degree and any person who is convicted of an offense pursuant to § 71.30, § 71.40, or § 71.50 shall be sentenced as follows:
- (a) For a first offense, the Court shall impose a sentence of imprisonment of no more than three (3) years, a fine of not less than One Thousand Dollars ($ 1,000.00), and mandatory community service of no less than one hundred and fifty (150) hours.
- (b) In cases where the person has been convicted of felonies under any provision of this Chapter, the person shall be sentenced to a term of imprisonment which shall not be less than five (5) years and in addition, may be fined not more than Fifteen Thousand Dollars ($ 15,000.00). The sentence, if for a term of years, shall include a special parole term of not less than one (1) year in addition to such term of imprisonment. Imposition or execution of such sentence shall not be suspended, and probation shall not be granted. Sentence in these cases must also include mandatory community service of no less than one hundred fifty (150) hours unless the term of imprisonment is for life.
- (c) The Court shall apply any minimum sentence, fine or community service specified in this Section, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment, fine or community service required in this Subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this Section, in which case the Court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
Board of Education Policy 425 Dangerous Weapons
Board policy prohibits student possession of firearms or other weapons on school campuses.