Bill updates Virgin Islands firearm laws in response to recent Supreme Court guidance and issues raised in a recent U.S. Department of Justice lawsuit, while protecting constitutional rights and preserving common sense public safety safeguards
U.S. VIRGIN ISLANDS — Governor Albert Bryan Jr. today took major steps toward advancing public safety in the Territory while ensuring local laws align with the Second Amendment rights of licensed gun owners.
Governor Bryan said the proposal is the product of sustained work and collaboration, developed in partnership with the Virgin Islands Department of Justice and Senators Angel Bolques and Clifford Joseph, both of whom previously introduced legislation addressing portions of the issues this comprehensive measure is designed to resolve.
Governor Bryan noted that his administration began work on this issue roughly six years ago, recognizing early that the territory needed a modern, constitutional framework that protects lawful ownership while strengthening public safety rules that are clear enough to enforce.
“This is an issue we began working to address about six years ago,” Governor Bryan said. “We knew we needed a modern framework that protects the constitutional rights of Virgin Islands residents while keeping common sense protections in place to help law enforcement and keep the public safe.
This bill is an effort to directly address the concerns raised in the recent U.S. Department of Justice lawsuit, align our laws with the Supreme Court’s direction, and put forward a framework that is clear, fair, and enforceable.”
The proposal updates Chapter 5 of Title 23 of the Virgin Islands Code to align with Supreme Court guidance, including N.Y. State Rifle & Pistol Association v. Bruen, while maintaining well defined restrictions the Court has recognized as permissible, including limits in sensitive places and restrictions on possession by prohibited persons.
What the Second Amendment Rights and Public Safety Act does
The Second Amendment Rights and Public Safety Act establishes one clear set of rules for lawful firearm ownership and carrying in the Virgin Islands. It protects constitutional rights through objective standards, while strengthening public safety safeguards that help the VIPD enforce the law consistently.
The Act does the following:
- Sets a license and registration baseline. A person may not possess, receive, purchase, sell, transfer, transport, or carry a firearm in the Virgin Islands unless they hold a Virgin Islands Firearms License and a registration certificate for each firearm. Active duty military and law enforcement are exempt when acting within the scope of official duties.
- Creates an objective, time certain licensing process. Applicants must meet objective eligibility requirements and complete required background checks and documentation. Applicants must also certify compliance with safe storage rules and other requirements under oath. Knowingly providing false or misleading information is a felony. The VIPD must issue a license or provide a written, detailed denial within 90 days after a completed application is submitted. Licenses generally expire after five years unless renewed.
- Establishes clear registration timelines. A registration certificate is issued for each firearm if the applicant holds a valid firearms license and the firearm is not prohibited. The VIPD must issue the certificate or provide a written denial within 60 days after a completed application is submitted.
- Allows concealed carry of registered handguns, without a separate carry permit. A person who holds a valid firearms license may carry a registered handgun in public only in a concealed manner. The Act prohibits open carry and prohibits carrying long guns in public.
- Defines sensitive places where firearms may not be carried. The Act lists specific locations where carrying firearms is prohibited, including government buildings and grounds, schools and childcare facilities, hospitals and medical or mental health offices, penal institutions, polling places while voting is occurring, stadiums and arenas, public parks and playgrounds, and public beaches. The Act also addresses certain public gatherings and demonstrations under defined notice provisions and establishes rules for private property based on signage or direct notice.
- Strengthens safe storage and responsible handling. The Act reinforces safe storage requirements, including rules for firearms stored in vehicles, and sets penalties when unsafe storage allows an unlicensed person to access a firearm and injury or death results.
- Targets modern, high risk devices and accessories. The Act restricts silencers, bump stocks, and conversion kits with felony penalties, clarifies that federal authorization does not override local law, and restricts large capacity magazines with escalating penalties for license holders and felony penalties for unlawful possession by unlicensed persons.
- Maintains prohibitions on especially dangerous weapons. The Act preserves prohibitions on automatic weapons, ghost guns, explosive devices, short barreled rifles and shotguns, and certain other restricted firearms, with limited exemptions for authorized personnel acting within the scope of official duties.
- Provides an orderly transition to compliance. The Act recognizes existing, unexpired Virgin Islands firearm licenses for a defined period and establishes a structured surrender process for certain unlicensed or unregistered firearms possessed before the law takes effect, with specific timelines and requirements.
“Our community deserves laws that are constitutional, clear, and enforceable,” Governor Bryan said. “This proposal protects the rights of law-abiding residents while drawing bright lines that protect our schools, our parks, our beaches, and our families. It is common sense, and it gives our police the clarity they need to enforce the law and keep people safe.”
If enacted by the Legislature and approved by the Governor, the Second Amendment Rights and Public Safety Act would take effect upon approval.
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