Justice Department Files Lawsuit
The Justice Department has initiated legal proceedings against the Virgin Islands Police Department, alleging that the territory’s gun permit process is fraught with delays and excessive conditions that infringe upon Second Amendment rights.
The complaint highlights that many applicants have reported significant delays in their gun permit applications, along with unreasonable requirements such as the installation of bolted-in gun safes prior to receiving their licenses.
Furthermore, the lawsuit claims that the police department continues to enforce a “proper cause” regulation that closely resembles a law previously invalidated by the U.S. Supreme Court.
Assistant Attorney General Harmeet K. Dhillon emphasized, “This Civil Rights Division will protect the Second Amendment rights of law-abiding citizens.” She noted that this lawsuit aims to ensure timely decisions for applicants without unconstitutional barriers.
Adam Sleeper, U.S. Attorney for the District of the U.S. Virgin Islands, stated that current firearms licensing laws and practices are inconsistent with Second Amendment protections.
The lawsuit filed in the U.S. District Court of the Virgin Islands reveals that police conduct thorough investigations on applicants, including mandatory home inspections before permits are granted.
This practice is described as abusive by the Supreme Court regarding permitting schemes. The complaint asserts that VIPD does not establish probable cause for these searches.
If an applicant refuses a home inspection, their application is effectively denied. Additionally, VIPD mandates that applicants install a safe permanently affixed to their homes for firearm storage.
The department also requires interviews with “character vouchers” who must attest to whether an applicant is suitable to possess a firearm.
Caught carrying an unlicensed firearm in the Virgin Islands can lead to severe penalties, including imprisonment for no less than ten years and fines ranging from $10,000 to $15,000.
A 2022 Supreme Court decision invalidated similar regulations in New York concerning “proper cause” requirements for gun permits. Despite this ruling in New York State Rifle & Pistol Association Inc. v. Bruen, which applies nationwide including in the Virgin Islands, local authorities continue enforcing comparable laws.
The DOJ reports receiving numerous complaints from residents regarding unconstitutional delays and burdensome requirements within the gun permit process.
