The 36th Legislature on Friday approved a sweeping overhaul of the Virgin Islands’ firearms laws, advancing legislation supporters say is necessary to comply with recent court rulings while opponents argue it imposes new burdens on law-abiding gun owners.
Senators first adopted Amendment No. 36-364, Rev. 4, a substitute amendment that replaced the bill’s original text in its entirety. They then approved Bill No. 36-0144, as amended, and sent it to Gov. Albert Bryan Jr. for action.
Under the bill, the territory would replace its long‑standing discretionary permitting system with what the Attorney General’s Office describes as a “shall‑issue” framework. Rather than requiring applicants to demonstrate a special need and leaving permit decisions largely to the police commissioner’s discretion, the Virgin Islands Police Department would be required to issue licenses to residents who meet objective eligibility standards written into the law, such as not being a convicted violent felon, not having been adjudicated dangerously mentally ill, and not being subject to a domestic‑violence restraining order. The bill sets deadlines for processing applications, requiring VIPD to act on completed license applications within 45 days and firearms registrations within 30 days.
The measure would also expand where licensed residents can legally carry handguns in public compared with current law, while maintaining prohibitions in designated “sensitive places” such as schools, government buildings and hospitals. It further bans or tightens controls on certain firearms and accessories, including automatic weapons, short-barreled rifles and shotguns, ghost guns, .50-caliber rifles, suppressors and conversion devices, and restricts magazines that hold more than 15 rounds, with limited grandfathering for some existing owners.
Supporters of the bill said the overhaul is necessary to bring the Virgin Islands’ gun‑permitting system into line with recent U.S. Supreme Court rulings and to address a federal lawsuit filed by the U.S. Justice Department over the territory’s permitting practices. Assistant Attorney General Sean Bailey said the current law gives the police commissioner broad discretion to require applicants to show a “special need” to carry a firearm, a standard the Supreme Court ruled unconstitutional in its Bruen decision.
Attorney General Gordon Rhea said “this act is about balance,” calling it “written to protect the constitutional rights of law‑abiding Virgin Islanders to keep and bear arms, and at the very same time to give our police the clear, common‑sense tools they need to keep illegal guns out of the wrong hands and keep our communities safe.”
Law enforcement officials also backed the measure as a modernization of the system. Assistant Police Commissioner Sean Santos called it a “balanced, comprehensive approach” that provides clearer guidance for officers while improving public safety and maintaining lawful gun ownership.
Opponents said that even with a “shall‑issue” structure, the bill still places most of its practical burden on lawful gun owners rather than illegal users of firearms. Virgin Islands Safe Gun Owners founder Kosei Ohno said the system adds repeated agency visits and fees per firearm for people who try to comply. “These bills only burden law‑abiding people who register, train, pay, wait, and try to obey,” he told senators, arguing that “criminals who illegally procure firearms are not going to give VIPD fingerprints, social security numbers [and] a permanent paper trail that follows them for life.”
Critics also focused on the expanded “sensitive places” list, including schools, hospitals and government buildings, warning it could expose licensed carriers to criminal liability during ordinary activities. Local Federal Firearms Licensee Ehren Henderson said a lawful gun owner should not face charges “while dropping their children off at school or arriving at a hospital in the emergency,” arguing that such rules “do not target criminals” who are already carrying illegally.
Detractors further objected to the 15‑round magazine limit, bans on suppressors and other accessories, and new training requirements. Henderson called the magazine restrictions “among the most troubling parts of the bill,” saying they “will not stop violent criminals” but “only weaken our ability to defend ourselves and our families.” Sen. Alma Francis Heyliger, who said she supports some updates such as a ghost-gun ban and streamlined reporting, nonetheless voiced concern that the suppressor ban and other penalties are “trying to criminalize law-abiding citizens” rather than focusing on the acts of criminals, and she and Sen. Carla J. Joseph were the two “no” votes.
Attorney Adam Christian warned that allowing “commissioner-approved” instructors without clear standards could reintroduce subjective discretion. Opponents ultimately argued that the bill shifts the risk and complexity onto people who already comply with the law while leaving the core problem of illegal guns largely unchanged. They also criticized the process, noting that key substitute language was circulated late and many testifiers said they were unable to access the latest amendment text online before the hearing.
Several senators voiced mixed views, saying they agreed the law needed updating but still had reservations about parts of the bill. Lawmakers also questioned whether the new restrictions would meaningfully reduce gun violence driven by illegal firearms.
Despite those concerns, a majority concluded the substitute was better than what currently exists and a necessary step to respond to recent court rulings and the ongoing DOJ lawsuit, noting that the act is drafted to be severable so that any provision struck down in court can be removed without undoing the entire framework.
Several members said they expect to revisit contentious issues such as suppressors, sensitive‑place rules and mental‑health provisions in the future. Senate President Milton Potter urged colleagues not to stall the measure over its imperfections, saying they should not let “perfect be the enemy of the good,” as the Legislature voted to send the bill to the governor for his consideration.
