DOJ Submits Motion: U.S. Virgin Island’s Magazine Ban is Clearly Unconstitutional

DOJ Submits Motion: U.S. Virgin Island's Magazine Ban is Clearly Unconstitutional

Justice Department Challenges U.S. Virgin Islands Magazine Ban

On Wednesday, the Justice Department, under President Donald Trump, initiated a request for a preliminary injunction, describing the magazine ban in the U.S. Virgin Islands as “clearly unconstitutional.”

The legal action has been lodged in the District Court for the Virgin Islands, covering St. Thomas and St. John.

In its submission, the Justice Department referenced a ruling by the U.S. Court of Appeals for the Third Circuit regarding New Jersey’s ban on “assault weapons” and “high-capacity” magazines, labeling it unconstitutional. This included a case known as New Jersey Rifle and Pistol Club Association v. New Jersey Attorney General, where the court concluded that (1) the prohibition on semi-automatic rifles was unconstitutional; and (2) the ban on what are termed large capacity magazines (LCMs) was also found to be unconstitutional.

The Department of Justice stated:

On June 24, 2026, Governor Albert Bryan Jr. signed Act No. 9113, which includes two provisions deemed unconstitutional based on the ANJRPC ruling. Immediate cessation of the Virgin Islands Police Department’s enforcement of Act 9113 is necessary to prevent its unconstitutional implications.

They reiterated the Third Circuit’s ruling, stressing, “Act No. 9113 bans the possession, receipt, purchase, sale, importation, or transfer of magazines that hold more than 15 rounds. There’s really no need for further discussion; the ANJRPC ruling makes it clear this is unconstitutional.”

Ultimately, the Department of Justice requested that the court impose a preliminary injunction that would stop the defendants from enforcing the prohibition on possession, receipt, or related actions involving magazines with capacities of 30 rounds or fewer.

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