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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OFST, CROIX PEOPLE OF THE VIRGIN ISLANDS, SX·IJ-CR·061 PLAINTIFF, v. CHARGES: UNAUTHORIZED POSSESSION OF A FIREARM .14.v.l.c.~ 125)(0) POSSESSION OF AMMUNITION 14 V.I.C. § 2256(0) FAILURE TO REPORT FIREARMS OBTAINED OUTSIDE OR BROUGHT INTO THE VIRGIN ISLANDS 23 V.I.C. § 470(0) CARRYING OR USING A DANGEROUS WEAPON 14 V.I.C. § 2251(a)(l) POSSESSiON OF A CONTROLLED KAHEEM ROBERTS, SUBSTANCE WITH INTENT TO DEFENDANT. DISTRIBUTE 19 V.I.C. § 607(0) MEMORANDUM OPINION Tms MATTER came before the Court on Defendant Kahecm Roberts' (hereinafter ··Defendant") Motion 10 Dismiss Count IV of the Infonnation. The People have filed a response. For the reasons set forth, the Court shall grant Defendant's Motion. Defendant argues that Count IV must be dismissed because, &lthough the information &lIeges that a firearm was found in Defendant's vehicle, the People have not &lleged the essenti&l facts nc:<:eSSar)l to charge Defendant with Canying or Using a Dangerous Weapon under Title 14, Section 2251(0)(1) of the Virgin Islands Code. The People responded by first arguing that Scctionllil(a)(l) describes speeifie types of dangerous weapons but also includes 'e.pk It. KM.- R.bDU SX·13.c1W61 MEMORANDUM OPINION P ... 2 "or device" in their desaiption. The People's second argument is that case law and other pans of the Virgin Islands Code desaibe a "fireann" as a dangerous w<;apon. "[Wlhen the statutory language is plain and unambiguous, no limher interpretation is roquirecl." People v. Baxter, 49 V.I. 384, 388 (V.1. 2008) (citing Robinson v. Shell Oil Co., SI9 .u.s. 337, 3<40 (1·991». Sectioc 2251(.)(1-) <eads .. follows: Whoever - bas possesses, bears, transports, canies or has under his proximate control any instrument or weapon of the kind commonly known as a blackjack, billy, sandclub, metal knuckles, bludgeon, switchblade knife or gravity knife or electric weapon. .. Subsection (b) of Section 22S1 further defines the terms in subsection (a). Under subsection (b) "electronic weapon or device" (emphasis added) is defined as, any device which, through application or use of electric current, including battery operated devices, is designed, redesigned, used, or intended to be used Cor offensive or defensive purposes, the desb'Uction oClire, or the infliction of injwy. The plain reading of Section 22SI(aXI) in conjunction with Section 22S I (b) indicates that thelegislaturc intentionally left fireanns out of the class of weapons descnbed in Section 2251(aXl). In Connor v. People, 2013 WL 3421061 at °2 (V.I. 2013), the Supreme Court read Section 2251(a)(l) as punishing the mere possession of a certain class of weapons. Because a fireann is not included in the class of weapons desaibed in Section 225 I (a)(I), the Court finds that the facts alleged by the People do not support the charge of Carrying or Using a Dangerous Weapon. Therefore it is: ORDERED that Defendant's Motion to Dismiss Count IV is GRANTED. "'l~ DONE and 10 ORDERED this _1_,,"_ day of February 2014. • '.,,,,Kd ... ~ SX-1J.CR..u1 MEMORANDUM OPINION' .. ,., =z~£~ Har.idWWiIiOdu Admlnlstrad •• Judge .Ub. Superior Court