The Virgin Islands government is trying to moot the Justice Department’s lawsuit over some of its draconian gun laws by adopting new legislation that supposedly addresses the DOJ’s concerns over lengthy wait times for licenses and intrusive storage mandates that allow for warrantless inspections of gun owners’ homes. It remains to be seen whether these changes will have any kind of impact on the litigation, but the new law does create a number of new conflicts with the right to keep and bear arms, and those may also be subject to an amended complaint by DOJ going forward.
In the meantime, the DOJ’s Civil Rights Division had requested a preliminary injunction against the challenged statutes, and the USVI’s response was due in court on June 24. As the DOJ noted in a filing two days later, “Defendants failed to file a response of any kind or otherwise communicate with Plaintiff or the Court about whether they ever will.”
The DOJ also pointed out this isn’t the first time the USVI has ignored a legal deadline.
The Court ordered theparties to exchange their Rule 26(a)(1) disclosures by May 1, 2026 [ECF 21]. Defendants provided their disclosures eight days after the Court’s deadline. Defendants also filed a frivolous request to extend deadlines [ECF 23] that the court summarily denied. Defendants are making every effort to delay and frustrate the progression of this case. The United States will not stand idly by while Defendants engage in these dilatory tactics as Virgin Islanders are unable to exercise their Second Amendment rights due to Defendants’ unconstitutional practices.
Two days later, on June 28, the USVI government finally submitted its response to the DOJ’s request for an injunction. Without mentioning the blown deadline, the response argued that the recently adopted law “obviates the need for a preliminary injunction as patterns and practices are nullified by the new law.”
In particular, Act No. 9113 has removed the special need and reason requirements which gave unfettered discretion to the VI Police Commissioner to determine whether an applicant would qualify for a license to possess, carry or transport a firearm. Act No. 9113, at § 453 sets forth objective criteria for those who wish to lawfully possess and transport firearms in the Virgin Islands. Additionally, § 454 sets forth objective criteria for gun license applicants before a license will be issued. In the event that a license is denied, Act No. 9113 at § 456 (d)(3) requires that the reasons for the denial be stated in writing and an appeals process as outlined in Act No. 9113 § 472, is available.
Act No. 9113 no longer has location restrictions such as for home protection or business protection. Under Act No. 9113 § 453(i), permits public carry by persons with licensed firearms with certain place restrictions highlighted in § 453(i). Act No. 9113 has removed arbitrary magazine limits. Under Act No. 9113 § 493 those who can possess large capacity magazines are clearly delineated. No discretion remains in the Commissioner.
Finally, Act No. 9113 has removed the home safe storage requirement which required home inspections. Under Act No. 9113 § 489a, penalties are now imposed on licensed gun owners who fail to safely store their firearm, when such failure directly, results in another person injuring or killing himself or someone else with said firearm. The inspection requirement which was to verify for safe gun storage has been eliminated. Act No. 9113 addresses all concerns raised in the Complaint and as such, there is no need for a Preliminary Injunction.
If the USVI Attorney General was hoping the judge would ignore the blown deadline, he received a rude awakening earlier this week when District Judge Evan Rikhye told the AG he has until July 6 at 5 p.m. to “show cause in writing… as to why counsel should not be sanctioned for failure to timely file a response to the United States Motion for Preliminary Injunction pursuant to Rule 6(b) of the Federal Rules of Civil Procedure.”
The Attorney General will probably claim that the legislature’s adoption of Act No. 9113 prevented him from responding by the deadline, but he didn’t even bother to request an extension even though it was well known that the Senate was racing to pass a bill in response to the DOJ’s lawsuit.
Some of the provisions in that bill are minor improvements, but there are many aspects of Act No. 9113 that are still problematic. Yes, it’s good that the police commissioner supposedly cannot arbitrarily decide who can carry or possess a “large capacity” magazine, but most gun owners are still banned from purchasing and possessing “large capacity” magazines (as well as suppressors and bump stocks).
The law also bans the possession of so-called assault weapons, and the licensing process is still fundamentally at odds with the Supreme Court’s decision in Hemani by disqualifying all “unlawful” drug users, regardless of any individualized finding of dangerousness.
Act No. 9113 also disqualifies anyone who has voluntarily checked in to a mental health facility within the past five years, which sounds like a great way to keep people from seeking help when they need it.
I don’t know if the DOJ will address this at any point, but the Act is also ripe for a legal challenge from visitors to the USVI. In order to legally possess a gun in the U.S. territory, you’re supposed to have a valid Firearms License as well as a registration certificate for the firearm. In order to obtain a license, an applicant must (among other things) get a certified copy of their criminal history as maintained by the USVI Police Department, be fingerprinted, and have their photograph taken by the police when they submit their application. There is no way for non-residents to apply online, and residents themselves may incur costs of hundreds of dollars traveling to the police department to submit their paperwork.
Act No. 9113 is a giant middle finger to the DOJ and to gun owners in both the USVI and the United States more broadly, but the AGs untimely filing of his response to the DOJ’s request for an injunction is a middle finger to Judge Rikhye, and at this point I’d argue that serious sanctions are necessary to send a message that the AG should start taking this case seriously.
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