June 27, 2008 — The Virgin Islands has a strict application process for gun permits and stiff penalties for firearms violations, but these measures do not appear to be stemming the tide against rising gun violence in the territory.
According to news reports, there have been 16 deaths involving guns in the territory in 2008.
In the St. Thomas-St. John-Water Island district, five of the six murders being prosecuted by the Attorney General's office involved guns, and those were unlicensed, according to Sara Lezama, spokesperson for the V.I. Justice Department.
Statistics for the number of registered firearms used in crimes in the territory were not available from either the Justice Department or the Police Dept.
This week's decision by the U.S. Supreme Court striking down Washington, D.C.'s gun ban has spurred nationwide discussion of gun laws and their effect on gun violence. Locally, Sen. Shawn-Michael Malone said that it appears that people who license their handguns are fairly responsible.
"There aren't enough statistics to point to the reckless use of licensed handguns in the V.I," said Malone. "But there are plenty of statistics pointing to the illegal use of automatic weapons."
In the V.I., a person may legally own a gun for a number of reasons, most commonly for home protection. Licenses are also issued for business use and personal protection. The last of these is typically issued for judges, prosecutors and other people who can provide good reason that they are in fear of death or great injury to person or property.
Licenses issued for home protection use allow for the weapon to remain on the property. Other licenses, such as those for personal protection, permit the gun owner to carry or transport the gun with them on their person.
To legally own a firearm in the Virgin Islands, potential gun owners must pay $50 and fill out a firearms application with the V.I. Police Department. The application itself costs $5. Permits are good for three years and renewals cost $30.
While statistics for the number of permits issued annually were unavailable, April numbers showed that 35 applications were picked up, nine were returned and 44 renewals were issued.
Elfreda Robinson, district coordinator for firearms permits, reviews the applications, investigates the applicant's background, and even makes home visits to ensure that the gun will be kept in a secure environment. Applicants must participate in a firearms training safety course.
Robinson's initial investigation involves an NCIC (National Crime Information Center) check, followed by a check of local and territorial criminal records and history of domestic violence.
The home visit will ensure that the gun is secured and there must be a safe, bolted to the structure of the home.
Robinson forwards a recommendation to the police commissioner for approval or denial of the application.
Some applicants may not qualify to carry a weapon, but can qualify for keeping a gun in the home.
Robinson is also tasked with the keeping up with weapons of the deceased. She says that she uses health department, radio and newspaper death reports to gather names which she then compares with those who have been issued firearms licenses.
She then contacts family members to determine the location of the weapon. The weapon either has to be turned in to the police department for disposal or re-registered in a new owner's name.
"Some people don't want it," Robinson said.
Robinson cautions applicants seeking security through purchasing a gun, that the gun itself is not going to keep a person safe. Robinson pointed out that even those who have a gun can have it taken from them.
In fact, Police Commissioner James McCall said at a press conference less than a year ago that "more than half the guns being used in violent crimes in the territory started out in the hands of legal owners.” See " Legal Guns Being Used Illegally in Territory.")
According to Robinson, "It’s a matter of you being aware of your surroundings. The gun does not keep you safe, you have to keep you safe."
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