Brief Overview of Gun Restrictions
The regulation of fire arms in the U.S. Virgin Islands, like many other jurisdictions, is the responsibility of the local authorities. The Commissioner of the Department of Justice is charged with the authority to license and regulate pistols and revolvers for use in the United States Virgin Islands. The Department of Justice is also responsible for any administrative functions relating to the licensing process. As to historic control of firearms, in 1932, prior to the transfer of the Danish West Indies to the United States, the local Danish Parliament passed an enactment prohibiting the carrying of certain types of weapons. Subsequently, the ordinance carried over into many local jurisdictions where it was ultimately adopted in the Virgin Islands by Act No. 2316 and further amended in 1988. Section 1 of Act No. 2316 states that the "Legislature of the Virgin Islands finds that the unrestricted purchase, sale and possession of pistols or revolvers in the Virgin Islands is a danger to public health and morals. The Legislature declares its purpose in enacting this Act [is] to provide for the licensing of persons to possess pistols or revolvers." It defines pistols and revolvers as "firearms which are designed or adapted to be fired while held in one hand." Licenses for the purchase and possessing of pistols and revolvers include a $100 application fee and an additional fee of $5 for each additional member of the household within the jurisdiction. The Commissioner is also given the authority to establish regulations governing the issuance, expiration and termination of licenses. The law currently requires that every applicant must be a bona fide resident of the U.S. Virgin Islands who possesses good character , has no previous felony convictions and who is not dependent on narcotics or alcohol or otherwise mentally incompetent. The licensing law in the U.S. Virgin Islands does allow for open carrying of registered firearms, however, permission must also be obtained from the Commissioner of the Department of Justice. It should also be noted that while Virgin Islands law does not prohibit non-residents from purchasing handguns, they are only permitted to acquire these if they meet the residency and good moral character requirements. It is important to note that the Second Amendment to the U.S. Constitution which speaks to the right to bear arms proclaims that the right to carry an open firearm is well established; however, the same interpretation is not given to concealed firearms. Currently, the U.S. Virgin Islands does not have any special classifications as to the type or class of firearm that may be purchased and used. As of August of 2019, the 4th Circuit Court of Appeals denied a request for a full Court hearing for a case that had earlier determined that the U.S. Virgin Islands could not enforce an outright ban of semi-automatic handguns, meaning the panel ruling was upheld. The gun control issue in the U.S. Virgin Islands may be legislatively challenged in the near future as other states are also finding the increase of gun related crimes in their jurisdictions as well. Even though acts of violence have been committed over the past two years in the U.S. Virgin Islands, it is important to note that to date, there have been no recorded cases of a private citizen being injured or killed by a firearm licensed in the jurisdiction.
Requirements for Gun Permits
In order to possess a firearm, a person must first obtain a license from the Commissioner of Police, who has the discretion to determine whether to issue one. Even after obtaining a license, the firearm must be registered and marked in accordance with the law.
A Virgin Islands resident may apply for a firearm permit in the district where he resides. The application must include the applicant’s name, address, and date of birth, along with two character references from Virgin Islands residents. A photograph of the applicant and the related application fee must be included. The applicant also must present proof of Virgin Islands residency, either in the form of voter registration or a lease agreement. The application should also include fingerprint cards and criminal background checks. State and federal law enforcement will conduct background checks on any applicant who applies for a permit in the Virgin Islands.
Once the application is received, the Commissioner will designate someone to investigate the applicant’s background. As part of this process, the Commissioner will ask certain businesses in the area to provide reports on the applicant. If the Commissioner sends a request to a store owner in the area, the store owner will have to report back about what kind of firearms and ammunition the applicant has purchased in the past few years.
The Commissioner will then determine, based on the results of the investigation, whether to grant or deny a permit. If the permit is denied, the applicant may appeal the decision to the Superior Court. If the permit is granted, the applicant must train with and become certified by an instructor, who will provide a training certificate. Applicants must be fingerprinted. They must be personally examined by the Commissioner, who will interview the applicant about his criminal history and firearms safety training. The Commissioner may ask to search the premises where the applicant resides to observe the storage facilities available for the firearm. Finally, the applicant must register the firearm by filling out an application and paying a $25 fee. When registering firearms, registrants must submit a "Certificate of Good Character" which can be obtained from the Department of Licensing and Consumer Affairs.
The Commissioner will issue an identification card to the applicant, showing that the permit has been granted and the firearm registered.
Types of Allowed Guns
Concerning the types of firearms legally permissible outside of your home, the VI Code does not really distinguish between types of firearms or weapons that may be possessed. The weapons provisions, as mentioned previously, merely require any firearm to be either a registered firearm, or one that was manufactured prior to the 1950s that does not need to be registered.
While the requirements for the licensing and registration of handguns, rifles, and shotguns are set out specifically, there is no exception provided for weapons that fall within the categories of shotguns, rifles, or handguns. For example, the Virgin Islands Code does not state that a shotgun with a pistol grip is not a shotgun, or that a rifle with a folding stock is not a rifle. Presumably, all similar weapons would be treated as their like-kind weapon under the law, but until the law is clarified or modified, it would be wise to err on the side of caution. Other peculiarities of the law arise with AR-15s and other types of weapons commonly referred to as assault weapons. There is no legal clarification on whether an AR-15 is treated as a rifle, or as a pistol. Likewise, a legal discussion of the difference between 9mm ammunition and .38 caliber ammunition is avoided entirely. Absent clear legislative language, it is advisable that the differences between what may appear to be similar issues be shared with the D.C. resident.
Gun Background Checks
Background Checks in the U.S. Virgin Islands
From time to time we will get calls after a potential new gun owner has filled out a firearm purchase application for a firearms dealer in the U.S. Virgin Islands, asking us why they needed a background check or what turned up on their background check and why. All firearm dealers are obligated to require a potential new gun owner/operator to fill out the Bureau of Alcohol, Tobacco, Firearms & Explosives form 4473, part of which requires the potential new gun owner to disclosing information regarding his/her criminal and mental health history, as well as how the gun owner is supposed to use the firearm. Almost all of that information is responsive to questions on the form, and all of it is important from a law enforcement perspective. If any part of the form’s responses indicate that the potential new gun owner/operator is not qualified to possess or use a firearm until certain criteria are met, then the sale does not go through. We refer to this situation as a disqualification. If a person does not have a criminal history, does not have a mental health or substance abuse issue, has met eligibility requirements for firearms possession from a social standpoint, and the potential new gun owner is in full compliance with any requirement imposed by a state or territory that might limit, preclude or somehow regulate the possession or use of a firearm, then the person is not a disqualifying event.
Key Restrictions and Consequences
While the laws on carrying firearms come with a lot of exceptions, there are other restrictions you should be aware of. For instance, concealed carry permits are not valid in any of the U.S. Virgin Islands. You are allowed to carry a firearm openly, but having a handgun secured in your car is asking for trouble. Firearms in a car or on your person should be concealed. If you plan to travel to the island of St. Thomas, be aware that there is a local law prohibiting the sale, transfer, large-scale carrying or use of firearms there. This includes the U.S. Virgin Islands’ largest town, Charlotte Amalie. If you are on St. John, carrying or possessing a firearm while in a nightclub or bar is considered a felony. Be aware that your gun permit is not valid there. Violators of this law can be punished with up to two years in prison and a fine up to $2,000. Conviction of this offense will also result in the revocation of your gun license and permit. A prisoner at the Golden Grove Adult Correctional Facility in St. Croix tried to sue the facility for $500,000 after its personnel discovered a .38 caliber weapon and ammunition stashed in his cell. However, the Third Circuit US Court of Appeals ruled against him and said he had no right to sue because he did not have the proper gun permit . If the prisoner had health issues directly resulting from the weapon, he could have legitimately sued, but on purely health-related grounds. A group of four men was charged in 2017 with conspiring to import cocaine. They tried to bring the drug into the U.S. Virgin Islands for the purpose of rebirthing it into the mainland. Thirteen firearms were seized at the time of their arrest. There were two Barrett semi-automatic sniper rifles, two FN FAL semi-automatic rifles, seven Sig Sauer P226 semi-automatic pistols, an AK-47 assault rifle, a spare rifle barrel, a Smith & Wesson M&P9 semi-automatic pistol and 338 rounds of assorted ammunition. The prisoners received sentences ranging from time served to five years in prison. US District Court Judge Curtis V. Gomez said the guns would probably end up on the streets of the U.S. Virgin Islands, so they posed a danger and the men had become serious threats to the public there. Criminal possession of a firearm can land you in jail for up to five years. It is a felony offense. Shotgun laws dictate that it is illegal to possess a sawed-off shotgun, which is considered a weapon that has been modified to reduce the length of a barrel or stub. A conviction for this offense can lead to up to 10 years in prison.
Permitted Gun Use in Self-Defense
The right of self-defense is a crucial distinction in all U.S. law. The doctrine of "duty to retreat" states that, generally, one must retreat from the aggressor if possible (even in one’s own home) before using deadly force in self-defense. This is not the case however, in Territorial law.
Under the law of the U.S. Virgin Islands, the owner or kin of the owner of a dwelling house may "exercise the right to use deadly force in any way to protect his dwelling house and its contents." 5 V.I.C. § 85, 2(c); see also 5 V.I.C. § 76(1)(b), (4)(a)(iii). Section 76(4)(A)(iii) provides for the right to use deadly force "if he reasonably believes that the use of such force is necessary to prevent an individual who has unlawfully and forcibly entered into his dwelling house from causing personal injury to the dwelling house and its contents." Id.; see also V.I. Code Ann. tit. 14, §§ 12, 12A; V.I. Code Ann. tit. 16, § 25.
In Jefferson v. Government of Virgin Islands, 89 F.3d 599 (3d Cir. 1996), James Jefferson ("Jefferson"), shot and killed Anderson Maynard ("Anderson") in his home at 3:00 a.m. At the murder trial, Jefferson claimed that Anderson had "forcefully entered" his home. Subsequently, the trial court denied the defense motion for an arrest of judgment on the grounds that there was insufficient evidence to sustain a conviction for first-degree murder. The First Circuit, citing the trial court’s decision as erroneous, found that the jury could have concluded that Anderson did not forcefully enter the home. This case supports the proposition that even in the U.S. Virgin Islands, a mistaken belief as to the need for self-defense is inexcusable if the action is unreasonable under all circumstances.
Virgin Islands Firearm Laws vs. the Mainland
While there are many similarities between the gun laws in the U.S. Virgin Islands and the mainland, there are also significant differences. Take for instance the requirement that Virgin Islanders show just cause, a bona fide need, to obtain a firearm and ammunition dealer’s license. On the mainland , an individual who buys firearms and ammunition over the Internet is not required to present a reason for purchasing guns or ammunition from their home.
Or take a look at the process an individual must follow to buy a gun in the Virgin Islands. While an individual on the mainland has only to fill out the ATF Form 4473 (and in most states, pass a quick and easy background check) to buy a firearm from a licensed dealer, Virgin Islanders must fill out the U.S. Virgin Islands Firearms Application and in most cases apply for and pay for the Governor’s permit, along with possibly other shooting permits.