Gov. Albert Bryan Jr. has proposed the Second Amendment Rights and Public Safety Act, legislation that would comprehensively revise Virgin Islands firearm laws in response to recent U.S. Supreme Court guidance and issues raised in a U.S. Justice Department lawsuit, Government House announced.
The proposal would update Chapter 5 of Title 23 of the Virgin Islands Code to align local law with the Supreme Court’s decision in N.Y. State Rifle & Pistol Association v. Bruen while maintaining restrictions the Court has recognized as permissible, including limits in sensitive places and prohibitions on possession by certain individuals, according to the press release.
Bryan said the legislation is the result of work that began about six years ago, developed in collaboration with the Virgin Islands Justice Department and Sens. Angel Bolques and Clifford Joseph, who previously introduced legislation addressing parts of the issue, according to the press release.
“This is an issue we began working to address about six years ago,” 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 Second Amendment Rights and Public Safety Act would establish one uniform set of rules governing firearm ownership and carrying within the territory. The measure would require individuals to hold a Virgin Islands firearms license and a registration certificate for each firearm to possess, purchase, sell, transfer, transport, or carry. Active duty military personnel and law enforcement officers would be exempt when acting within the scope of their official duties, the press release stated.
The proposal would create an objective licensing process with defined timelines. Applicants must meet eligibility standards, complete background checks, submit required documentation, and certify compliance with safe storage rules under oath. Knowingly providing false or misleading information would be a felony. The Virgin Islands Police Department must issue a license or provide a written, detailed denial within 90 days of a completed application. Licenses would generally be valid for five years unless renewed, the release stated.
The legislation would also establish registration timelines, requiring the VIPD to issue a registration certificate for each firearm or provide a written denial within 60 days of a completed application, provided the applicant holds a valid firearms license and the firearm is not prohibited, the release stated.
Under the proposal, individuals with a valid firearms license would be allowed to carry a registered handgun in public only in a concealed manner, without a separate carry permit. Open carry would be prohibited, as would carrying long guns in public, according to the release.
The Act would define specific sensitive places where firearms may not be carried, 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. Additional provisions would address firearms at certain public gatherings and demonstrations, subject to defined notice requirements, and on private property, based on posted signage or direct notice, the release stated.
The proposal would strengthen requirements for safe storage and responsible handling, including rules for firearms stored in vehicles. It would establish penalties when unsafe storage allows an unlicensed person to access a firearm and injury or death results, the release stated.
The Act would also restrict silencers, bump stocks, and conversion kits, with felony penalties, and clarify that federal authorization does not override local law. Large capacity magazines would be restricted, with escalating penalties for licensed firearm holders and felony penalties for unlawful possession by unlicensed individuals, the release stated.
Existing prohibitions on certain weapons would be maintained, including bans on automatic weapons, ghost guns, explosive devices, short-barreled rifles and shotguns, and other restricted firearms, with limited exemptions for authorized personnel acting within the scope of official duties, it stated.
The legislation would include transition provisions recognizing existing, unexpired Virgin Islands firearms licenses for a defined period and establishing a structured surrender process, with specific timelines and requirements, for certain unlicensed or unregistered firearms possessed before the law takes effect, it stated.
“Our community deserves laws that are constitutional, clear, and enforceable,” 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 gives our police the clarity they need to enforce the law and keep people safe.”
If approved by the Legislature and signed by the governor, the Second Amendment Rights and Public Safety Act would take effect upon approval.
