A federal lawsuit has been filed against the U.S. Virgin Islands, accusing the territory of violating the Second Amendment through its gun permit regulations. The suit, filed in U.S. District Court in the U.S. Virgin Islands, targets the territory’s police department and Police Commissioner Mario Brooks.
The Lawsuit’s Claims
The lawsuit alleges that the U.S. Virgin Islands requires applicants to demonstrate a “good reason to fear death or great injury to his person or property,” to provide “two credible persons” as witnesses, and to have “good moral character” to obtain a gun permit that is valid for up to three years and applies to a single weapon. It states that no specific standard has been set or defined for the character requirement, and that the defendants “regularly” refuse to issue permits to those who by law are “deemed to be an improper person” by the territory’s police commissioner. The suit further claims that applicants must “submit to intrusive and warrantless home searches” as one condition to obtain a gun permit, and that if an applicant refuses a home inspection, which takes “several months to a year to schedule and complete,” the government will not process their request. It also notes that the police department “denies firearms licenses to otherwise qualified applicants whenever it deems that the applicant has ‘too many’ firearms.” In addition, the lawsuit accuses the U.S. Virgin Islands of demanding that applicants “unnecessarily spend money to install a safe,” and that it be bolted to the floor or wall of their home. The suit states that the defendants are defying “binding Supreme Court precedent to frustrate the Second Amendment rights of law-abiding American citizens,” and that those citizens “have a fundamental right to possess guns in their homes” and carry handguns publicly for the purpose of immediate self-defense.
Local Laws and Requirements
Under the territory’s regulations, a gun permit is limited to one weapon and can be held for no more than three years. Applicants must show a credible fear of death or great injury to themselves or their property, provide two credible witnesses, and demonstrate good moral character. The permit process also requires a home inspection that can take months to complete, and applicants are required to install a safe that is bolted to the floor or wall. The police department has been criticized for denying licenses to qualified applicants who are deemed to have “too many” firearms.
Government Response
The U.S. Virgin Islands government issued a statement late Tuesday saying it is reviewing the lawsuit and taking the allegations seriously. “The administration of Gov. Albert Bryan Jr. and Lt. Gov. Tregenza A. Roach ‘is committed to protecting constitutional rights while maintaining public safety,'” the statement read. It added that the allegations would be addressed in court and that no further comment would be issued.
Context and Timing
The lawsuit was filed as the administration of U.S. President Donald Trump pushes to expand gun rights. Last year, Trump claimed that the Second Amendment was “under siege” and described himself as “the best friend gun owners have ever had in the White House.” The suit seeks an injunction to prohibit the territory from implementing local laws tied to the issuance of firearms licenses.
Key Takeaways
- The federal lawsuit accuses the U.S. Virgin Islands of violating the Second Amendment by imposing strict gun permit requirements.
- The territory’s laws require a credible fear of death or great injury, two witnesses, good moral character, and a home inspection that can take months.
- The government has pledged to defend constitutional rights while addressing the lawsuit in court.
The case highlights the ongoing debate over gun regulations and constitutional rights in U.S. territories, with the outcome likely to influence how similar laws are applied elsewhere.
