Virgin Islands Buries Gun Law Rewrite

The U.S. Virgin Islands Legislature attached a rewrite of its gun control law to a pedestrian bridge funding bill and passed it without a public hearing or a public copy of the text.

State of play: The territory is already a defendant in a DOJ Civil Rights Division lawsuit alleging widespread Second Amendment violations. Lawmakers previously tried to short-circuit that case with a sweeping gun control package the DOJ says still doesn't come close to constitutional. Now they've quietly amended that same law — again, without letting the public see it first.

Catch up quick:

• Act 9113 currently bans any firearm magazine holding 15+ rounds.
• The new language — Amendment No. 36-886 — was tacked onto Bill No. 36-0344, a bridge appropriations bill, and adopted August 26.
• Neither the bill nor the firearms amendment appeared in the Legislature's official session folder before the vote, according to Virgin Island Safe Gun Owners (VISGO).

Zoom in: The last draft VISGO could obtain — Amendment No. 36-859, dated August 21 — redefines "large capacity" magazines as anything over 17 rounds for handguns and 30 for rifles. That's a transparent dodge around the Third Circuit's recent ruling striking down New Jersey's 10-round magazine cap — raise the number, keep the ban, hope it survives scrutiny.

The draft also repeals USVI's outright suppressor ban, but the relief is thin. It only permits possessing a federally lawful suppressor at a residence, business, or licensed range, and transporting it directly between those locations. Public carry stays banned. VISGO notes the amendment never clearly authorizes actually using a suppressor at a residence or business — only the range language does that.

Yes, but: The draft strikes Section 453(j) entirely, wiping out Act 9113's only definition of "residence" — the exact term the suppressor provisions depend on. That leaves a homeowner defending family on the porch, in the yard, or in a detached garage guessing whether they just committed a felony. The offense carries up to 10 years in prison. The Police Commissioner also keeps authority to suspend a license on a "reasonable belief" the holder is a danger, forcing surrender of the license, every registration certificate, and every firearm within 48 hours — before any hearing takes place.

VISGO is asking the governor to reject the amendment and demanding a public hearing before any future vote. Given how this one got through, that request is likely to fall on deaf ears in a legislature that's shown it prefers bridge bills to floor debate when gun rights are on the line.

The bottom line: The DOJ has already added USVI's assault weapon and magazine bans to its lawsuit. Whatever text finally emerges from Amendment No. 36-886, it's headed for the same courtroom — the only question is how much damage the territory does to gun owners before a federal judge tells it to stop.