When the public finally had the chance to weigh in on a sweeping anti-gun bill that's been kicking around the U.S. Virgin Islands legislature for more than a year, it was tough to find anyone outside of the police and government who were in favor. Even some of the senators in the unicameral legislature who ended up voting in favor of the bill said they had big problems with the language, and supporters pledged to come back with amendments to address their concerns... but only after the bill won approval.
According to Kosei Ohno, head of Virgin Islands Safe Gun Owners, USVI Gov. Albert Bryan signed Bill 36-0144 into law on Wednesday morning, just a day after telling the Virgin Islands Consortium that he was "99.99999%" sure he would do so.
With time running down for the governor to act before the bill automatically becomes law, Mr. Bryan said the measure is necessary to reform what he described as a deficient local firearms framework.
“The gun control laws in the Virgin Islands, they don’t protect the citizens, they protect the criminals, because they keep the citizens unarmed,” he declared.
And this bill does almost nothing to change that. In fact, in many ways lawful gun owners will be worse off than they were before. Ohno and VISGO had offered an alternative measure they called A35 in response to the bill authored by Sen. Clifford Joseph, and in a recent op-ed published by the Second Amendment Foundation he laid out some of the issues with the bill signed by Gov. Bryant earlier today.
Due process requires fair, clear procedures before government can deprive people of liberty or property. A firearm license tied to a constitutional right is not a government favor. Vague sensitive-place traps, broad discretion, and forcing citizens to hire lawyers simply to make VIPD act raise due-process concerns as well.
This approach does not solve violent crime. Criminals do not register firearms, provide fingerprints, buy safes, pay fees, take classes, and wait months or years for VIPD approval. It burdens law-abiding citizens: fathers, single mothers, waitresses, small-business owners, homeowners, veterans, retirees, and licensed citizens trying to follow the law.
Worse, it creates traps. Expanding “sensitive places” without real security protocols does not make people safer. Declaring more places off limits without controlled entrances, metal detectors, security, or funding is not public safety. Words on paper and signs do not stop criminals; they disarm the person willing to obey.
Almost every concern Senators raised had already been addressed in VISGO Amendment A35, available to lawmakers and the public on VISGO340.org for months.
Senator Carla Joseph asked what happens if VIPD fails to issue a permit on time. The government’s practical answer was: go pay for a lawyer and file a lawsuit. A35 provides a real answer: a hard deadline, and if VIPD does not act, the application is deemed approved. Rights should not depend on whether a citizen can afford to sue the government.
Senator Blyden raised another important concern: residents should not fear that voluntarily seeking mental-health care, family counseling, marriage counseling, or other mental-health support could be used to deny or revoke a firearm license. A35 addresses that concern too. We should encourage responsible people to seek help, not punish them for it.
Senator Heyliger asked how citizens are supposed to protect their hearing if suppressors are banned outright. A35 allows federally lawful NFA items through an enhanced background-check process.
Senator James noted that even a $400 firearm may be difficult for a working Virgin Islander to afford. Yet this bill preserves excessive costs: license fees, registration fees, safes or lock boxes, and recurring training. A35 reduces the burden to $25 for a five-year license and removes unnecessary recurring recertification. We do not charge citizens $150 every time they exercise their right to speak. The Second Amendment deserves the same respect as the First.
Even Bryan doesn't appear completely sold on the bill he signed, telling the Consortium ""I heard everybody on the concerns, but we gotta start somewhere," adding, "I’m not gonna veto this bill and go all the way back to the crap that we have on the books now.”
Sorry, governor, but replacing one crappy set of laws with another isn't progress or an improvement. It might lead the DOJ to revise its complaint against the USVI Police Department, but it's not going to make the lawsuit go away.
In that same interview, Bryan complained that the current laws had "completely failed" to stop violent criminals, but hindered legal acquisition of firearms. The bill he signed suffers from the same defects, and it's not going to make the territory any safer. It also doesn't cure the problems that already exist. If, as Ohno writes, individuals can still be forced to wait for months on end and hire an attorney just to get their license approved, that's a huge problem. Lawmakers could have put some teeth behind the requirement that the VIPD approve or deny license applications within the set time frame, but they chose not to do so.
As I wrote earlier today, I hope the DOJ uses this as an opportunity to go after even more of the USVI's gun laws, including their lack of recognition of out-of-state permits and the difficulty in obtaining a non-resident carry license. Gov. Bryan says he's not particularly concerned about a legal challenge to the bill he just signed into law. I think that's yet another huge mistake on his part. The DOJ will continue its litigation, and will hopefully be even more aggressive in defending the Second Amendment rights of USVI residents and visitors going forward.
