The U.S. Department of Justice filed a federal civil rights lawsuit Thursday against the Government of the U.S. Virgin Islands, the Virgin Islands Police Department and Police Commissioner Mario M. Brooks, alleging that the territory’s firearm licensing system violates the Second Amendment through excessive delays, intrusive requirements and the continued enforcement of an unconstitutional “proper cause” standard.
The lawsuit, filed in U.S. District Court for the Virgin Islands, accuses local authorities of maintaining a permitting process that effectively denies law-abiding residents the right to possess and carry firearms. Federal officials say the practices have rendered the Second Amendment “a virtual nullity” in the territory.
According to the complaint, applicants for gun permits routinely face months-long or year-long delays, mandatory home inspections without warrants, and requirements to purchase and install gun safes bolted to their homes before permits are issued. The Justice Department argues that these conditions unlawfully burden the exercise of a fundamental constitutional right.
The suit also challenges the Virgin Islands’ continued enforcement of a “proper reason” requirement for firearm permits — a standard that closely mirrors a New York law struck down by the U.S. Supreme Court in 2022 in New York State Rifle & Pistol Association v. Bruen. In that ruling, the Court held that requiring applicants to demonstrate a special need to carry a firearm violates the Second Amendment.
Despite the ruling, the Justice Department says Virgin Islands officials have continued to require applicants to justify their need for a firearm to the satisfaction of the police commissioner, granting broad discretion to deny permits.
The complaint alleges that applicants must submit to warrantless home searches, obtain character references who vouch for their fitness to own a firearm, and comply with costly storage mandates not required by territorial law. Even applicants who comply with those conditions often face prolonged delays or denials without explanation, according to the filing.
Under Virgin Islands law, possessing a firearm without a valid license is a felony punishable by a mandatory minimum sentence of 10 years in prison and fines of up to $15,000. Federal officials argue that the combination of strict criminal penalties and restrictive permitting practices leaves residents with no practical way to lawfully exercise their gun rights.
“The territory’s firearms licensing laws and practices are inconsistent with the Second Amendment,” U.S. Attorney Adam Sleeper for the District of the Virgin Islands said in a statement. Assistant Attorney General Harmeet K. Dhillon, who leads the Justice Department’s Civil Rights Division, said the lawsuit is intended to force compliance with Supreme Court precedent and ensure timely permit decisions without unconstitutional barriers.
The suit was brought under the Violent Crime Control and Law Enforcement Act of 1994, which authorizes the Justice Department to seek court orders to end patterns or practices by law enforcement agencies that violate constitutional rights.
The Justice Department is seeking declaratory and injunctive relief that would bar Virgin Islands officials from enforcing firearm licensing laws in a manner that violates the Constitution. The lawsuit does not seek monetary damages.
Territorial officials have not yet publicly responded to the complaint.
