U.S. Government Sues Virgin Islands Over Gun Rights Violations

The U.S. government has initiated a lawsuit against the U.S. Virgin Islands, alleging that the territory’s laws obstruct the rights of American citizens to possess and carry firearms. Filed in the U.S. District Court for the U.S. Virgin Islands on March 7, 2023, the lawsuit targets the territory’s police department and its Police Commissioner, Mario Brooks, claiming systematic denial of gun permits based on stringent local regulations.

The legal action stems from requirements imposed by the U.S. Virgin Islands, which mandate that applicants demonstrate a “good reason to fear death or great injury to his person or property.” Additionally, applicants must provide “two credible persons” to vouch for their need for a firearm. The lawsuit highlights that there is no clear standard set for the “good moral character” condition, which is necessary to obtain a gun permit valid for up to three years, allowing possession of a single weapon.

Concerns about the application process are central to the government’s claims. The lawsuit states that the local police department “regularly” denies permits to individuals deemed “improper persons” by the police commissioner. Furthermore, applicants are reportedly subjected to “intrusive and warrantless home searches” as part of the process. If an applicant declines a home inspection, which can take “several months to a year” to schedule, their application will not be processed.

In addition to these measures, the lawsuit criticizes the territory for requiring applicants to spend money on installing a safe, which must be bolted to the floor or wall. The lawsuit argues that these practices infringe upon the rights protected by the Second Amendment, which asserts that citizens have a fundamental right to possess firearms in their homes and to carry handguns for self-defense.

The U.S. Virgin Islands government responded to the lawsuit in a statement, indicating it is taking the allegations seriously and reviewing the claims. The administration of Governor Albert Bryan Jr. and Lieutenant Governor Tregenza A. Roach emphasized its commitment to balancing constitutional rights with public safety, stating that the issues raised would be addressed in court.

This legal challenge comes during a period when the federal government, under the administration of President Trump, has advocated for expanded gun rights. In previous statements, Trump has characterized the Second Amendment as “under siege,” asserting that he is “the best friend gun owners have ever had in the White House.”

As the case develops, it is poised to draw significant attention regarding the balance between individual rights and public safety in the ongoing national conversation about gun control. The outcome could have implications not only for the U.S. Virgin Islands but also for similar jurisdictions grappling with the complexities of gun legislation.