Federal Judge Asked to Block Virgin Islands Firearm Ban
On Wednesday, Assistant Attorney General Harmeet Dhillon’s Civil Rights Division filed a request with a federal judge to prevent the Virgin Islands from enforcing a new ban on modern semi-automatic firearms.
The firearms laws in the Virgin Islands have faced significant criticism during the second Trump administration. Back in December, the Justice Department had initiated a lawsuit against the Caribbean territory’s licensing system. Dhillon mentioned on Wednesday night that the Second Amendment has driven gun control issues in the region.
“Yes, we did. Among many other things today! I am so proud of our amazing team of attorneys,” Dhillon expressed in a post on X. This marks the second attempt for an injunction from the Department of Justice related to this court case.
Previously, in June, the Department had criticized Virgin Islands Police Chief Mario Brooks for imposing additional conditions on gun licenses amid stringent licensing laws. These conditions included bans on removable magazines that can hold over 10 bullets, mandatory home visits for potential gun owners, and limits on where firearms may be carried.
“I’m proud of the talented team of lawyers in the Civil Rights Division who filed this motion for a preliminary injunction against the U.S. Virgin Islands’ clearly unconstitutional magazine ban,” Dhillon remarked. “We are working swiftly to protect the Second Amendment rights of lawful citizens in our territory.”
On June 24, Democratic Governor Albert Bryan Jr. signed Act 9113 into law, which prohibits the receipt, transfer, and sale of modern semi-automatic firearms and standard capacity magazines. The ongoing lawsuit challenges this legislation.
The Civil Rights Division referenced a recent court statement from the Third Circuit, which ruled against a state ban on modern semi-automatic firearms in the New Jersey Rifle and Pistol Club Association case. This decision was made following an appeal involving all 15 judges in the circuit.
Interestingly, the Virgin Islands falls under the Third Circuit’s jurisdiction, much like Delaware, which has also imposed a ban on “assault weapons.”
“Act 9113 criminalizes the possession, receipt, and transfer of magazines exceeding 15 rounds. This legislation is being called unconstitutional,” the report stated. The injunction further noted, “Standard AR-15s typically come with magazines holding 20 or 30 rounds. Under Act 9113, these firearms cannot have magazines over 15 rounds.”
“Thus, the USVI effectively bans standard-capacity AR-15 rifles,” the filing continued. “Additionally, owners of firearms designed for over 15 rounds may not sell or transfer them. Restricting private transactions of constitutionally protected weapons is inherently unconstitutional.”
Requests for comments from Bryan and Attorney General Gordon Campbell Rea were not immediately answered.
U.S. District Judge Evan Riquier criticized the Virgin Islands lawyers’ late response to the court, calling it an “inexcusable blunder.” The territory is also under scrutiny for its prohibition on non-residents carrying or possessing firearms, drawing further ire from American gun owners who noted the withdrawal of previously granted concealed carry permits. Charges could impose severe penalties, leaving individuals to choose between remaining unprotected or risking a minimum of 10 years in prison.
