Virgin Islands to Ease Draconian, Unconstitutional Gun Restrictions?

On January 30, 2025, Governor Albert Bryan Jr. stated a new policy of restoring Second Amendment rights should be attempted in the United States Virgin Islands. If it happens, it will be an extraordinary reversal in policy. The United States Virgin Islands have the most restrictive firearms laws in the United States. They are more restrictive than Hawaii or the District of Columbia. From the viconsortium.com:

“I think the Virgin Islands gun policy has totally failed,” said Governor Albert Bryan Jr., speaking during Wednesday’s exclusive interview with the Consortium.

He was responding to a question about how the territory could possibly stem the influx of unlicensed, unregistered firearms into the territory.

“What happens is – when you tell somebody no, the temptation is more,” Governor Bryan argued, referring to the territory’s strict gun ownership regulations. “The states with the toughest gun laws get the highest homicide rates,” he declared.

“I think we should move to a place where we open gun ranges that are legal and we make it easier for people to license and carry firearms,” Governor Bryan stated. He argued that the percentage of Virgin Islanders who carry unregistered weapons for reasons of ill-intent is very small, while the majority of residents carry firearms because “they’re trying to protect themselves, or feel protected.”

The US Virgin Islands are in competition for the highest murder rate in the world. In the last 24 years it has varied from 16 to 56 per 100k population.  At times the District of Columbia has had a higher rate.  From 1989 to 1993 the DC murder rate never dropped below 70 per 100k population. The peak came in 1991 at 80.6. In 1999 the U.S. V.I. rate was about 16. The rate in DC was 46. Meanwhile, Hawaii, another Island U.S. jurisdiction, has low homicide rates in spite of highly restrictive firearms laws.

Governor Albert Bryan, Jr. is correct when he says the U.S. V.I. firearms laws have failed. The stated purpose of the law is to reduce violent crime, especially homicide. Governor Bryan says a new approach is needed for the U.S. V.I. The Supreme Court of the United States agrees with him. So does the United States Court of Appeals for the Third Circuit.

The United States Virgin Islands federal court is the United States District Court of the Virgin Islands. The District Court is in the jurisdiction of the United States Court of Appeals for the Third Circuit, in Philadelphia, Pennsylvania. The Third Circuit has held the Second Amendment applies to 18-20 year old people in the United States. This decision strongly upheld the Supreme Court in the Bruen decision, which ruled rights protected by the Second Amendment include the right to bear arms outside the home in case of confrontation.

Analysis: The U.S. Virgin Islands is ripe for a federal challenge to their extreme restrictions on gun ownership and carry. They do not have a clear method to obtain a permit to either apply to purchase a firearm or to carry a firearm. The U.S. V.I.  are supposed to have some reciprocity with some states for carry of a firearm by non-residents, but do not have any states listed as recognized.  This correspondent will not be surprised if a lawsuit is filed against the U.S. V.I. government for deprivation of civil rights under color of law on any one of these issues.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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