URGENT: Governor Signed Act 9113 — Register to Vote by July 2
Updated Attachment Summary: Brief VISGO Summary of Act No. 9113
Act No. 9113 / Bill No. 36-0144 — Key Concerns
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Act No. 9113 amends the Virgin Islands firearms laws and creates a new firearms licensing, registration, transport, magazine, suppressor, and sensitive-place framework. VISGO believes the Act is unconstitutional because it burdens the right to keep and bear arms, creates traps for law-abiding citizens, and imposes harsh penalties without meaningfully targeting violent criminals.
Major provisions and concerns:
1. Magazine restrictions.
The Act defines a “large capacity magazine” as any magazine, belt, box, drum, tube, or similar device that can hold more than 15 rounds. This affects many common firearms and standard magazines used by law-abiding citizens for self-defense.
2. Potential 20-year penalty for magazine possession under certain circumstances.
Under Act 9113, possession of a magazine over 15 rounds can trigger severe penalties. A person who does not hold a valid Virgin Islands Firearms License and is not otherwise authorized to possess a firearm may face up to 10 years in prison or a $10,000 fine for possessing a so-called large-capacity magazine. But under certain circumstances, including possession within 1,000 feet of listed locations such as schools, colleges, playgrounds, public-housing facilities, youth centers, school bus stops, public swimming pools, or public beaches, the penalty can rise to 20 years imprisonment or a $20,000 fine. Act No. 9113, pages 20–22.
3. Common citizens can be exposed by paperwork or licensing problems.
Because the Act ties severe criminal exposure to licensing status, a citizen who is not a violent criminal but has a technical licensing problem, renewal issue, paperwork lapse, or misunderstanding could face extreme penalties if found with a standard magazine in the wrong location.
4. Suppressor and silencer ban.
The Act prohibits firearm silencers and suppressors in the Virgin Islands despite federal authorization, including ATF tax stamps or registration. VISGO believes this is overbroad and punishes lawful citizens who comply with federal law.
5. New carry and transport restrictions.
The Act restricts carrying long guns, open carry, transport, and possession in numerous locations. For citizens who work late hours, carry cash, drive taxis, tow vehicles, sell real estate, or operate businesses, the Act creates confusion and risk.
6. Sensitive-place restrictions.
The Act restricts firearms in many locations, including government buildings, hospitals, mental health facilities, penal institutions, polling places, demonstrations, special events, posted churches, and posted private property. VISGO believes these restrictions are too broad and may prevent lawful self-defense by people who face real-world threats.
7. Commissioner discretion remains a problem.
Although the Act uses “shall issue” language, it still gives the Commissioner power to suspend or revoke a license based on evidence supporting a “reasonable belief” that the licensee no longer satisfies requirements or presents a danger to the community. VISGO believes this leaves too much discretionary power in government hands.
8. Surrender and forfeiture risk.
After suspension or revocation, a licensee may be required to surrender licenses, registration certificates, and firearms quickly. The Act also creates a path where firearms may be forfeited if the person cannot arrange lawful transport or transfer within the required time.
9. Lack of real crime-fighting focus.
VISGO believes Act No. 9113 will not meaningfully stop violent criminals who already ignore gun laws. Instead, it places new burdens on lawful citizens while creating harsh penalties for technical mistakes.
VISGO’s position:
Act No. 9113 should be repealed or replaced with a constitutional firearms law that respects the Second Amendment, protects due process, focuses on violent criminals, and does not punish law-abiding Virgin Islanders with paperwork traps and extreme penalties.