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Hand Gun Laws

May 15, 2003 02:38AM

What are the laws in the USVI about owning a handgun.


Re: Hand Gun Laws

May 15, 2003 05:58AM

I'll e-mail you with the answer. Too long for a posting.

Re: Hand Gun Laws

May 15, 2003 12:44PM

Rick - just cut and paste it here, others might be interested in knowing to. Not a topic I know much about either - so I'd like to read your information about it also.

Thanks --Islander

Re: Hand Gun Laws

May 15, 2003 02:38PM

yes, please paste it here, would also like to know about bringing my weapons.

Re: Hand Gun Laws

May 15, 2003 05:16PM

I will have to do it long hand as I have it in hard copy. Will do it this weekend.

Re: Hand Gun Laws

May 16, 2003 09:19AM

They are pretty simple, you need a license to own a handgun or rifle, shot gun or otherwise. They have different levels of permits. Most are given for home protection or hunting. To carry is a delicate issue. If you bring a gun into the territory, you must immediately take it to the police until your license clears. A licensed dealer will work as well. Rick says he will try and post the whole thing this weekend>

Re: Hand Gun Laws

May 20, 2003 06:34AM


Title 23. Internal Security and Public Order

Chapter 5. Control of Firearms and Ammunition

451. Definitions. As used in this chapter, unless the context clearly requires otherwise
(a) “Ammunition” means any bullet, cartridge, projectile, buckshot, or any load placed or which may be placed in a firearm to be discharged.
(b) “Commissioner” means the Police Commissioner of the Virgin Islands.
(c) “Department” means the U.S. Virgin Islands Police Department (V.I.P.D.)
(d) “Firearm” means any device by whatever name known, capable of discharging ammunition by means of gas generated from an explosive composition, including any air, gas, or spring gun or any “B.B.” pistols or “B.B.” funs that have been adapted or modified to discharge projectiles as a firearm.
(e) “Crime of Violence” means the crime of, or the attempt to commit, murder in any degree, voluntary manslaughter, rape, arson, mayhem, kidnapping, assault in the first degree, assault in the second degree, assault in the third degree, robbery, burglary, unlawful entry or larceny.
(f) “Dealer in firearms and/or ammunition” mans any person engaged in the business of selling firearms and/or ammunition, for a profit or gain.
(g) “Gunsmith” means any person who engages in the business of repairing, altering, cleaning, polishing, engraving, bluing, or performing any mechanical operation on any firearm on an individual order basis.

452. Applicability of chapter. No person shall have, possess, bear, transport or carry a firearm within the Virgin Islands, or engage in the business of dealer in firearms and/or ammunition or the business of gunsmithing, except in compliance with the provisions of this chapter.

453. Persons who may lawfully carry firearms.
(a) The following persons, in discharge of their official duties, and in accordance with and subject to the conditions and restrictions imposed by the laws and regulations applicable to their conduct, may lawfully have, possess, bear, transport and carry firearms in the Virgin Islands.
(1) Members of the Armed Forces of the United States or of the organized reserves.
(2) Officers and employees of the United States duly authorized by Federal law to carry firearms.
(3) Persons employed in fulfilling defense contracts with the United States Government or agencies thereof where possession or use of firearms is necessary under the provisions of such contracts.
(4) Members of the police force of the Virgin Islands, marshals, or other duly authorized peace officers.
(5) Penitentiary and jail wardens and guards.
(b) The persons authorized by subsection (a) of this section lawfully to have, possess, bear, transport and carry firearms shall obtain such weapons and ammunition therefor only through the duly authorized officers or heads of their respective services or departments.

454. Persons who may be licensed to carry firearms. A firearm may be lawfully had, possessed, borne, transported or carried in the Virgin Islands by the following persons, provided a license for such purpose has been issued by the Commissioner in accordance with the provisions of this chapter:
(1) An officer or employee of the Government of the Virgin Islands in cases where such license, in the judgment of the Commissioner, should be issued to such officer or employee by reason of the duties of his position;
(2) An agent, messenger or other employee of a common carrier, bank or business firm, whose duties require him to protect money, valuables or other property in the discharge of his duties; And provided, That the employer of such person shall have justified to the satisfaction of the Commissioner the need for the issuance of the license;
(3) A person having a bona fide residence or place of business with the Virgin Islands, who established to the satisfaction of the Commissioner that he has good reason to fear death or great injury to his person or property, or who establishes any other proper reason for carrying a firearm, and the circumstances of the case, established by affidavit of the applicant and of at least two credible persons, demonstrate the need for such a license;
(4) A person licensed to and actively engaged in the business of manufacturing, repairing or dealing in firearms in the Virgin Islands, or the agents or representatives of any such person, having necessity to hand or use firearms in the usual or ordinary course of business;
(5) With respect to a rifle or a shotgun a person possessing a valid and current Virgin Islands hunting license.

455. Application for license; form; oath; fees.
(a) Every application for a license to have and possess a firearm shall be made under oath and forms which the Commissioner shall prepare for such purpose. For the purposes of the enforcement of the provisions of this chapter, the applicant shall furnish all information as may be required of him by the Commissioner.
(b) The initial fee for a license under section 454 of this chapter shall be $50.00. The license may be renewed every three years for a fee of $100.00
(c) Upon renewal of a license to have and possess a firearm, the receipt from the U.S. Virgin Islands Police Department (V.I.P.D.) for the renewal fee will serve as a temporary license until the official license can be provided to the licensee by the Commissioner.
(d) The Commissioner shall ensure that the renewal license is presented to the licensee within forty-five (45) days of receipt of payment for the renewal fee.
(e) Notwithstanding the provisions of this section, no person shall be charged with the possession of an unlicensed firearm if the subject weapon had been previously licensed and said license has expired not more than ninety (90) days prior to arrest; Provided, however, That this subsection shall not apply to persons who possess, bear, transport, carry or have under their control in any vehicle, any fire-arm during the commission or attempted commission of a crime of violence, as defined in sub-section (d) of section 2253, Title 14, Virgin Islands Code.

456. Qualifications of applicant.
(a) The Commissioner shall not issue a license for firearms under section 454 of this chapter until all the circumstances and facts set forth in the application have been investigated, and the records of the Department and other available records have been examined, and unless such investigation establishes to the satisfaction of the Commissioner:
(1) the truth of such circumstances and facts;
(2) that the applicant is a resident of the Virgin Islands, including with respect to shotguns or rifles a minor not under 16 years of age, or a nonresident who holds a current and valid license to hunt in the Virgin Islands, or an alien bonded under applicable Federal and Virgin Islands statutes for employment with a person, firm, corporation or other business entity duly licensed in the Virgin Islands to carry on the business of providing security, guard, patrol and private detective services; Provided, however, That in the case of any such bonded alien the license shall be issued to the business entity by which he is employed;
(3) that the applicant is a person of good moral character;
(4) that the applicant’s fingerprints have been duly taken and/or checked with the records of the Department or other appropriate sources; and
(5) that no proper reason exists to deny such application.

457. Grounds for refusing to issue license.
(a) The Commissioner shall not issue a license to have and possess a firearm to any person convicted in or outside the Virgin Islands of any crime of violence; or of any violation of a narcotic or “harmful drug” law; nor to any person who is mentally incompetent, or a habitual drunkard or narcotic or drug addict; nor to any person convicted for the violation of the provisions of this chapter; nor to any person who for justifiable reasons is deemed to be an improper person by the Commissioner……

460. Reciprocal recognition of out-of-state licenses. Unless otherwise prohibited by any state or federal law, a license to possess or to carry firearms, issued by any competent authority of any state or territory of the United States and in accordance with the same or similar requirements as set forth in the preceding sections pertaining to the applicant’s eligibility, and the establishment of his reputation through fingerprints, shall be recognized as valid within the Virgin Islands and shall allow the holder thereof to exercise all of the privileges in connection therewith, while said licensee is a visitor or transient resident herein.
Any marshal, sheriff, constable, police or peace officer, of any state or territory of the United States, whose duty it is to serve process and make arrests, may, while travelling through or in the Virgin Islands on official business, carry such weapons or equipment as has been authorized by his appointing authority.

461. License to sell firearms and/or ammunition; gunsmiths; report of transactions; private transfer sales to minors or aliens.
(a) No person may engage in the business of dealer in firearms and/or ammunition or as a gunsmith without holding a license therefor issued by the Commissioner of Licensing and Consumer Affairs upon favorable report of the Police Commissioner.
(b) Each transaction referring to the importation, or to the sale of firearms and ammunition between dealers, shall be reported to the Commissioner on forms which he shall provide, and the name, domicile, place of business, and the number of the license of the vendor and vendee, as well as the quantities and descriptions of the firearms or ammunition which are the subject of each transaction, shall be set forth therein, as required by the Commissioner.
(c) Any person, not otherwise engaged in the business of a dealer in firearms and/or ammunition, may transfer a firearm to another by sale, gift, exchange or otherwise only upon prior reporting to the Commissioner of the details of the proposed transaction. The Commissioner shall thereupon determine the eligibility of the proposed transferee for a license to possess firearms, and shall make such further determination as may be necessary in the circumstances.
(d) No person licensed or otherwise, may sell or furnish firearms or ammunition to a minor, except that of a shotgun or rifle of such type or caliber as the Commissioner may prescribe or ammunition therefor, may be sold or furnished by a licensed dealer to a minor who displays a hunting or sporting license issued him in accordance with the laws of the Virgin Islands, and who further displays written consent of his parent, guardian, or other responsible person acting in their absence and interest, in which such sale or delivery has been authorized.

469. Report by carrier, warehouseman or depositary; delivery to consignee. Every water, air or overland carrier, and every warehouseman or depositary who receives firearms or ammunitions for delivery in the Virgin Islands shall as soon as possible notify such fact and the name and address of the consignee to the Commissioner and shall not deliver said merchandise to such consignee until he is authorized to do so by the Commissioner. Failure to discharge any duty herein imposed shall be punishable by a fine of not more than two thousand (2,000) dollars, or by imprisonment in jail for not more than one (1) year, or both.

470. Report of firearms purchased outside or brought into the Virgin Islands; fees; penalty.
(a) Any person other than a licensed dealer, who purchases or otherwise obtains any firearm or ammunition from any source within or outside the Virgin Islands shall report such fact in writing or in person to the Commissioner immediately after receipt of the firearm or ammunition, furnishing a complete description of the firearm or ammunition purchased or otherwise obtained. He shall also furnish his own name, address, date of birth and occupation.
(b) Any person upon entering the Virgin Islands bringing with him any firearm or ammunition shall report in writing or in person to the Commissioner immediately of his arrival, furnishing a complete description of the firearm or ammunition brought into the Virgin Islands. He shall also furnish his own name, address, date of birth and occupation.
(c) In the event the person reporting under subsections (a) or (b), above, is qualified for a license to carry firearms in the Virgin Islands, the Commissioner shall issue the same, upon payment of the proper fee, and the firearm shall be registered in the Weapons Register provided for in section 469 of this chapter. If the person is not qualified for a license then the Commissioner shall retain the firearms or ammunition for disposition in accordance with the provisions of section 475 of this chapter, but no prosecution shall lie against the person for unlawful possession of the firearm or ammunition.
(d) Any person who fails to comply with this section shall be punished as provided in section 484 of this chapter.

471. Report of loss of firearm. Every person possessing or having under his control a firearm, and who loses the same or finds that it has disappeared, shall report the same to the Commissioner within 10 days, following discovery of such loss or disappearance, and in the event of his failing to do [so] such person shall be fined no more than $100.

482. Illegal use of license; penalty. Whoever knowingly allows the use of his license, issued under this chapter or any prior law of the Virgin Islands, by another person for the purpose of obtaining or transporting firearms shall be punished as provided in section 484 of this chapter.

483. General penalty section. Any person who violates the provisions of this chapter shall, except when otherwise specifically provided herein, be fined not more than $100 or imprisoned not more than six months or both; provided that if the violation occurs after such person has been convicted in the Virgin Islands of a violation of this chapter, or of a crime of violence, either in the Virgin Islands or in another jurisdiction, such person shall be fined not more than $500 or imprisoned not more than two years or both.

484. Regulation. The Commissioner may issue, modify and amend, from time to time, such rules and regulations, not inconsistent with this chapter or the provisions of other law, which he may deem necessary or appropriate to carry out the purposes of this chapter, which rules and regulation, upon approval by the Governor, shall have the force and effect of law.

The Police Commissioner shall issue rules and regulations, not inconsistent with the provisions of law, pertaining to the use and control of firearms used by employees of security, guard, patrol and private detective services. Such rules and regulations, upon approval by the Governor and the Legislature, shall have the force and effect of law. Upon such approval, the Commissioner shall cause such rules and regulations to be published and he shall provide each duly licensed security, guard, patrol and private detective service with copies thereof.

[Current as of April 10, 2001]

Re: Hand Gun Laws

May 21, 2003 09:41PM

thankx for the full story.

Re: Hand Gun Laws

June 19, 2007 09:55AM

Registered: 13 years ago
Posts: 686

sorry, but I bumped this because I was having trouble linking it to a recent post.

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