HomeNewsLocal newsAttorney General Praises Firearms Overhaul as Critics Urge Governor's Veto

Attorney General Praises Firearms Overhaul as Critics Urge Governor’s Veto

Senators discuss Bill No. 36-0144, the proposed Second Amendment Rights and Public Safety Act, on Friday. The measure, sponsored by Sen. Clifford Joseph, was approved and sent to Gov. Albert Bryan Jr. for consideration. (Photo courtesy of the VI Legislature)

Attorney General Gordon Rhea on Sunday praised lawmakers for approving a sweeping overhaul of the territory’s firearms laws, describing the measure as a long-overdue modernization effort that balances constitutional rights with public safety.

In a statement issued following Friday’s legislative vote, Rhea thanked senators for passing the “2026 Second Amendment Rights and Public Safety Act,” legislation developed by the Department of Justice in collaboration with Gov. Albert Bryan Jr.’s office, the Virgin Islands Police Department, and members of the Legislature.

“The new firearms law significantly improves how we regulate the possession and carrying of firearms and brings our laws into conformity with recent U.S. Supreme Court decisions while keeping faith with our obligation to protect the territory’s citizens,” Rhea said.

The measure, approved by the 36th Legislature on Friday as Bill No. 36-0144, would replace the territory’s long-standing discretionary permitting system with a “shall-issue” framework requiring the Virgin Islands Police Department to issue licenses to applicants who meet objective eligibility standards established by law.

Supporters have argued the overhaul is necessary to comply with recent court rulings, including the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which struck down laws requiring applicants to demonstrate a special need to carry a firearm. The legislation also comes as the Virgin Islands faces a federal lawsuit challenging portions of its existing firearms permitting system.

Under the bill, residents who meet eligibility requirements — including not being convicted violent felons, fugitives from justice, subjects of domestic violence protective orders, or individuals adjudicated as dangerous to themselves or others — would be entitled to obtain firearm licenses and permits. The measure also establishes deadlines requiring VIPD to act on completed license applications within 45 days and firearm registrations within 30 days.

The legislation would also expand where licensed residents may legally carry handguns while maintaining prohibitions in designated “sensitive places” such as schools, government buildings, hospitals, and certain public gatherings.

At the same time, lawmakers retained and expanded a number of restrictions aimed at public safety. The bill prohibits automatic weapons, ghost guns, explosive devices, short-barreled rifles and shotguns, firearm conversion devices, suppressors, and .50-caliber rifles, while limiting most magazines to 15 rounds. Certain existing magazine owners would be grandfathered under the legislation.

Rhea said the measure provides “critical safeguards” for residents and visitors while ensuring the territory’s firearms laws remain constitutionally sound.

“It strikes the balance our community deserves: full respect for the constitutional rights of law-abiding citizens paired with meaningful regulations that allow our law enforcement officers to do their job and keep us safe,” he said.

Rhea also emphasized that the legislation keeps firearms out of the hands of convicted violent felons, fugitives from justice, individuals subject to domestic violence protection orders, and those who have been determined to be a danger to themselves or others. He further highlighted provisions restricting firearms in sensitive locations and prohibiting untraceable “ghost guns,” large-capacity magazines, and devices designed to convert firearms to fully automatic weapons.

Law enforcement officials made similar arguments during Friday’s Committee of the Whole hearing.

Assistant Attorney General Sean Bailey told lawmakers the territory’s existing law gives the police commissioner broad discretion to require applicants to demonstrate a “special need” to carry a firearm, a standard courts have increasingly found unconstitutional following the Bruen decision.

Assistant Police Commissioner Sean Santos described the legislation as a “balanced, comprehensive approach” that provides clearer guidance for officers while preserving lawful gun ownership.

The bill, however, drew significant criticism from gun-rights advocates and some lawmakers, who argued that many of its practical burdens fall on law-abiding gun owners rather than criminals.

Virgin Islands Safe Gun Owners founder Kosei Ohno testified that the legislation would require additional fees, training, and interactions with government agencies for residents attempting to comply with the law while doing little to address illegal firearms.

Local firearms dealer Ehren Henderson raised concerns about the bill’s restrictions on sensitive places, magazine capacity limits, and suppressor bans, arguing that lawful gun owners could face criminal liability during routine activities such as dropping children off at school or responding to medical emergencies.

Sens. Alma Francis Heyliger and Carla Joseph voted against the measure, expressing concerns that portions of the bill could unnecessarily criminalize otherwise law-abiding citizens. Several senators who ultimately supported the legislation acknowledged reservations about specific provisions, including restrictions on suppressors, magazine limits, and certain mental-health provisions, but concluded that the measure represented an improvement over existing law and a necessary response to ongoing litigation.

Opposition to the legislation has continued since its passage.

In an opinion piece released Monday, Ohno urged Gov. Albert Bryan Jr. to veto the measure, arguing that lawmakers approved a sweeping rewrite of the territory’s firearms laws without providing the public adequate opportunity to review the final language. He contended that residents were “asked to testify on a bill they were not allowed to see” and described the process as lacking transparency.

Ohno also argued that the legislation imposes additional costs, training requirements, and regulatory burdens on law-abiding gun owners while doing little to deter criminals who obtain firearms illegally. He criticized the bill’s expanded list of sensitive places, restrictions on suppressors and magazine capacity, and provisions requiring citizens to seek judicial relief if permitting deadlines are missed.

Calling for the governor to veto the legislation, Ohno urged lawmakers to revisit an alternative proposal advanced by his organization, arguing that constitutional rights and public safety can coexist without what he described as “rushed votes” and “unconstitutional shortcuts.”

Despite the debate, a majority of lawmakers concluded the legislation was necessary to modernize the territory’s firearms laws and respond to evolving constitutional standards while preserving tools for law enforcement and public safety.

The bill has been transmitted to Gov. Bryan for consideration. As of Monday, Government House had not publicly announced whether the governor intends to sign the measure into law.

Rhea also thanked DOJ Assistant Attorney General Sean Bailey and St. Thomas Criminal Division Chief Timothy Perry for their work on the legislation, calling their contributions invaluable to the effort.

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