St. Thomas, U.S. Virgin Islands; December 18th, 2025

The UNITED STATES DEPARTMENT OF JUSTICE has filed a federal lawsuit against the Virgin Islands Police Department and the Government of the U.S. Virgin Islands, alleging unconstitutional practices that, according to federal prosecutors, have resulted in effective denials of lawful gun permits for residents of the territory.

According to an official announcement from the OFFICE OF PUBLIC AFFAIRS AT THE UNITED STATES DEPARTMENT OF JUSTICE, the lawsuit was filed in the U.S. District Court for the District of the Virgin Islands and asserts that the territory’s firearms licensing system violates the Second Amendment rights of law-abiding citizens.

The Department alleges that the Virgin Islands Police Department has engaged in a pattern of conduct that includes prolonged delays in processing firearms permit applications, imposing burdensome and unnecessary conditions on applicants, and enforcing requirements that federal officials say go beyond what the Constitution allows. The lawsuit contends that these practices have effectively prevented eligible residents from exercising their right to keep and bear arms.

Federal prosecutors state that among the challenged practices are requirements imposed before permits are issued, including conditions related to firearm storage and administrative procedures that applicants must satisfy prior to approval. The Department argues that these requirements, taken together, function as barriers rather than reasonable regulatory measures.

The lawsuit further alleges that the Virgin Islands continues to apply a “proper cause” standard for firearms permits that mirrors provisions struck down by the UNITED STATES SUPREME COURT in recent Second Amendment jurisprudence. According to the Department, such standards unlawfully condition the exercise of a constitutional right on discretionary approval by government officials.

The case was brought by the CIVIL RIGHTS DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE, alongside the U.S. ATTORNEY’S OFFICE FOR THE DISTRICT OF THE VIRGIN ISLANDS. Federal officials state that the action is part of the Department’s responsibility to address patterns or practices by law enforcement agencies that deprive individuals of rights secured by the Constitution.

In its filing, the Department emphasizes that the lawsuit does not challenge the ability of the Virgin Islands to regulate firearms in the interest of public safety, but rather seeks to ensure that any regulatory framework complies with constitutional limits. The Department asserts that lawful permitting systems must provide clear standards and timely decisions, rather than operate in a manner that effectively nullifies the right itself.

The defendants named in the lawsuit include the Virgin Islands Police Department, the Government of the Virgin Islands, and the Police Commissioner in his official capacity. The Department seeks declaratory and injunctive relief to prevent continued enforcement of the challenged practices.

As with all civil litigation, the allegations outlined by the Department of Justice represent claims to be adjudicated by the court. The defendants will have the opportunity to respond through the judicial process.

The case adds to a growing body of litigation nationwide addressing how states and territories implement firearms permitting systems in the wake of recent Supreme Court rulings, and it places the Virgin Islands’ regulatory framework under direct federal scrutiny.

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Sources

Primary First-Hand Sources

  • UNITED STATES DEPARTMENT OF JUSTICE — Office of Public Affairs official press release announcing the lawsuit against the Virgin Islands Police Department for alleged unconstitutional firearms permitting practices

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