The Justice Department filed a lawsuit Tuesday against the Virgin Islands Police Department, alleging the territory has created an unconstitutional firearm permitting system that blocks law-abiding citizens from exercising their Second Amendment rights.
The DOJ alleges that the Virgin Islands government and its police department have "continued to obstruct and systematically deny law-abiding American citizens this fundamental right by systematically delaying the processing of applications and imposing unconstitutional conditions on the exercise of this constitutional right."
The lawsuit says those practices have rendered the right to keep and bear arms "a virtual nullity within the United States Virgin Islands territory."
According to the filing, applicants seeking firearm permits face months-long delays and additional requirements not authorized by statute, even if they are otherwise qualified.
The complaint alleges that police require applicants to submit to "intrusive and warrantless home searches as a condition of obtaining a gun permit" without establishing probable cause and refuse to process applications if applicants do not consent.
The Justice Department also alleges the police department requires applicants to install gun safes bolted to the floor or wall of their homes, even though the Supreme Court previously ruled similar mandates unconstitutional.
"VI Defendants unreasonably delay the processing of applications, even from those individuals who are willing to comply with blatantly unconstitutional requirements," the complaint states.
The lawsuit further challenges the territory's continued enforcement of a "proper reason" requirement for carrying firearms, which the Justice Department says is "nearly identical to those struck down by the Supreme Court" in New York State Rifle & Pistol Association Inc. v. Bruen.
The filing alleges that the police commissioner is granted "complete discretion" to determine what constitutes a proper reason, allowing permits to be denied even when applicants meet statutory requirements.
The Justice Department says the conduct reflects "a coordinated effort by all three VI Defendants to nullify through unconstitutional, bureaucratic barriers a right that the Supreme Court of the United States has repeatedly recognized."
The lawsuit seeks declaratory and injunctive relief to halt the permitting practices and bring the territory into compliance with the Second Amendment.
The Virgin Islands lawsuit follows similar enforcement action taken earlier this year against the Los Angeles
Sheriff's Department.
In September, the DOJ sued the department, alleging the agency infringed on the Second Amendment rights of residents seeking concealed carry permits.
That case marked the first affirmative lawsuit brought by the Justice Department in support of gun owners' rights.
The Civil Rights Division said it received numerous complaints showing delays that extended well beyond California's statutory requirements, which it said amounted to unconstitutional obstruction rather than lawful regulation.
The DOJ said the department approved only two concealed carry permits out of more than 8,000 applications over a 15-month period.
The Civil Rights Division alleged the department "systematically denied thousands of law-abiding Californians their fundamental Second Amendment right to bear arms outside the home," not through outright refusal but through prolonged delays that rendered the right meaningless in practice.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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