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DOJ Sues U.S. Virgin Islands Over Strict Gun Permit Laws

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Pistol and ammo in the gun safe.

First Lawsuit From New Second Amendment Section

The Justice Department just picked its first fight over gun rights, and it landed in the Caribbean. On December 16, 2025, the newly created Second Amendment Section sued the U.S. Virgin Islands, its police department, and Police Commissioner Mario Brooks over a gun permit process the feds call unconstitutional.

Applicants must install bolted-in safes, submit to warrantless home inspections, and prove they have a “proper cause” for wanting a firearm.

The territory kept enforcing these rules even after the Supreme Court struck down nearly identical requirements three years ago.

Turning the knob to access and open a locked safe box

You Need a Bolted Safe First

Before the Virgin Islands will even look at your gun permit application, you have to buy a safe and bolt it permanently to your floor or wall.

The DOJ lawsuit calls this an unconstitutional burden on a constitutional right.

The Supreme Court addressed similar storage mandates in its 2008 Heller decision, ruling that requiring firearms to be locked up or disassembled makes them useless for immediate self-defense. The Virgin Islands kept the requirement anyway.

Rear view of police agents with a search warrant arriving to do a home investigation looking for criminal evidence

Police Come to Inspect Your Home

Once you install the safe, officers from the Virgin Islands Police Department show up to check it. These visits are unannounced and happen without warrants.

If you refuse to let them in, your application stops right there.

The DOJ complaint describes these as “intrusive and warrantless home searches” that violate Fourth Amendment protections against unreasonable searches.

Some applicants wait several months to a year just to get an inspection scheduled.

The process of cleaning a shotgun with a plastic brush. Caring for firearms with special tools. Close-up. Unrecognizable person

Proper Cause Rules the Court Killed

The Virgin Islands still requires applicants to demonstrate a “good reason to fear death or great injury” before they can get a permit.

This “proper cause” standard is nearly identical to the New York law the Supreme Court struck down in its 2022 Bruen decision.

That ruling made clear that Americans do not need to justify their desire to exercise a constitutional right. The Virgin Islands never updated its laws to comply.

Close-up of an unrecognizable woman's hands crossed on her knee, client at a session with a psychologist.

Neighbors Can Veto Your Rights

The permit process requires two “credible persons” to vouch that you are “fit and proper” to own a firearm.

These character witnesses must swear you have good moral character, but there is no set standard for what that means. The police commissioner can reject applications based on these subjective assessments.

The DOJ argues this effectively lets third parties decide whether someone can exercise a constitutional right.

Close up of a semiautomatic handgun with a law enforcement badge.

The Commissioner Decides Enough Is Enough

Even if you clear every hurdle, the police commissioner can deny additional firearm licenses if he decides you already own too many guns.

Each permit in the Virgin Islands covers only a single weapon and lasts just three years. There is no defined limit in the law, just the commissioner’s judgment.

The DOJ lawsuit challenges this discretionary authority as another unconstitutional barrier.

Police, yellow line or crime scene in outdoor for emergency, homicide or restricted area for investigation. Barricade, no entry or prohibition sign for public or forensic tape for accident or caution

Murder Rates Are Nine Times National Average

Despite these strict laws, the Virgin Islands has one of the worst violent crime rates under the American flag.

In 2020, the territory’s gun homicide rate hit roughly 50 per 100,000 residents, compared to about 5.9 nationally. In 2024, police recorded 33 homicides across a population of around 87,000.

Firearms are involved in the vast majority of these killings, and the violence has stayed elevated for years.

Close-up of guns in a row

Criminals Get Guns From Florida

Federal data shows that 93% of crime guns recovered in the Virgin Islands were originally purchased in other states. Florida is the largest supplier.

Traffickers ship weapons by boat and mail, often assembling untraceable “ghost guns” from parts ordered online.

Law enforcement has seized hundreds of rounds of ammunition and dozens of firearms in recent years, none of them manufactured locally. The strict permit laws have not stopped the flow.

Official portrait of Assistant Attorney General for the Civil Rights Division Harmeet K. Dhillon

Dhillon Built the Section in December

Assistant Attorney General Harmeet Dhillon announced the Second Amendment Section on December 8, 2025.

It sits within the DOJ’s Civil Rights Division and is the first federal office dedicated to protecting gun rights as civil rights.

Dhillon, a concealed carry permit holder herself, said the office would target states and localities that create unconstitutional barriers.

The Virgin Islands lawsuit came just eight days after she went public with the new unit.

2024-11-15 Los Angeles USAnClose-up of a Los Angeles County Sheriff's Department badge and lettering on the side of a patrol vehicle.

LA County Got Sued Two Months Earlier

The Virgin Islands case is actually the second lawsuit from the Trump administration’s gun rights push.

In September 2025, the DOJ sued the Los Angeles County Sheriff’s Department for taking an average of 281 days to start processing concealed carry applications.

Out of more than 8,000 applications reviewed, only two permits had been issued.

The LA case established the template for using civil rights enforcement authority to challenge permit delays.

President Donald Trump Meets New York City Mayor-Elect Zohran Mamdani in the Oval Office of the White House, Washington, DC on November 21, 2025 to Discuss NYC Policy Challenges

Trump Ordered This in February

The legal groundwork started with President Trump’s February 7, 2025 executive order titled “Protecting Second Amendment Rights.” It directed Attorney General Pam Bondi to review all federal policies, regulations, and legal positions affecting gun rights within 30 days.

Bondi then created a Second Amendment Enforcement Task Force in April.

The DOJ’s recent lawsuits are the direct result of that executive action, which called gun rights “an indispensable safeguard of security and liberty.”

ST. THOMAS, U.S. VIRGIN ISLANDS - APRIL 4, 2022: Virgin Islands Port Authority Police provides security at the Cyril E. King Airport on the island of St. Thomas in the United States Virgin Islands

Federal Oversight Here Spans Decades

The Virgin Islands Police Department has been under federal supervision since the early 2000s.

A consent decree stemming from civil rights violations over use of force, misconduct, and training remains active more than 20 years later. The department has never fully complied with the required reforms.

This new lawsuit adds another federal case to the pile.

For residents caught between high crime and a permit process that rarely approves anyone, the fight over their rights is just beginning.

St Thomas U.S Virgin Islands Colorful Travel Image

Explore the U.S. Virgin Islands

The U. S. Virgin Islands includes St. Thomas, St. Croix, and St. John, all accessible without a passport for American citizens.

Charlotte Amalie on St. Thomas serves as the capital and main cruise port.

Magens Bay offers one of the Caribbean’s most photographed beaches, while St. John’s two-thirds national park status protects some of the most pristine coastline in the region.

Ferry service connects the islands, and the territory operates on Atlantic Standard Time year-round.

This article was created with AI assistance and human editing.

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John Ghost is a professional writer and SEO director. He graduated from Arizona State University with a BA in English (Writing, Rhetorics, and Literacies). As he prepares for graduate school to become an English professor, he writes weird fiction, plays his guitars, and enjoys spending time with his wife and daughters. He lives in the Valley of the Sun. Learn more about John on Muck Rack.

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