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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 09/04/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0144 Thirty-Sixth Legislature of the Virgin Islands August 26, 2025 An act amending title 14 Virgin Islands Code, chapter 113 to define and prohibit assault rifles, ban suppressors and silencers, require safety training for licensed rifles and shotgun holders; prohibit large-capacity magazines and prevent the illegal sales of firearms, firearm accessories and ammunition PROPOSED BY: Senators Clifford A. Joseph, Sr. and Marise C. James WHEREAS, the Legislature of the Virgin Islands finds that public safety in the Territory 1 is threatened due to the proliferation of firearms designed for military or tactical use that are 2 capable of delivering rifle-caliber firepower from concealable platforms; 3 WHEREAS, firearms such as the Sig Sauer MCX pistol, the Daniel Defense DDM4 4 PDW, CCMG Dissent MK4, Smith & Wesson M&P 15 and similarly configured weapons pose 5 a distinct threat to law enforcement and the public, particularly due to their concealability, 6 armor-piercing potential, and compatibility with suppressors, rifle scopes, and military-grade 7 accessories; and 8 WHEREAS, these weapons serve no legitimate civilian purpose for self-defense or sport 9 and are commonly used in criminal activity. Accordingly, their possession and use present an 10 unacceptable risk to public safety and must be prohibited; Now, therefore 11 2 Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 14 Virgin Islands Code, Chapter 113 is amended by adding the 2 following new section 2253a: 3 “§2253a. Tactical Pistol-Style Firearms and Variants 4 (1) Definitions 5 As used in this section- 6 (a) “ammunition feeding device” means a magazine, box, drum, tube, belt, feed strip 7 or device that is capable of holding ammunition to be fed continuously and directly therefrom 8 into a semi-automatic firearm. It does not include an attached tubular device which is capable 9 of holding only .22 caliber rimfire ammunition. 10 (b) “detachable magazine” means an ammunition feeding device that attaches to a 11 firearm, and which can be removed without disassembly of the firearm, including an 12 ammunition feeding device that may be readily removed from a firearm with the use of a bullet, 13 cartridge, accessory, or other tool, or any other object that functions as a tool. 14 (c) “federally licensed firearm dealer” means a person who holds a valid federal 15 firearm dealers license pursuant to 18 U.S.C. § 923(a). 16 (d) “firearm accessory” means an attachment or device designed or adapted to be 17 inserted into, affixed onto, or used in conjunction with a firearm, and which is designed, 18 intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the 19 firearm, or a shooter’s ability to hold and use a firearm. 20 (e) “fixed magazine” means an ammunition feeding device that is permanently fixed 21 to the firearm in such a manner that it cannot be removed without disassembly of the firearm, 22 or contained in and not removable from a firearm, or that is otherwise not a detachable 23 3 magazine, but does not include an attached tubular device designed to accept, and capable of 1 operating only with .22 caliber rimfire ammunition. 2 (f) “folding or telescoping stock” means a stock that folds, telescopes, detaches or 3 otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances 4 the concealability of a firearm. 5 (g) “forward grip” means the grip or handle located forward of the trigger. 6 (h) “grenade launcher” means a device designed to fire, launch or propel a grenade. 7 (i) “pistol caliber variant” means a semi-automatic firearm originally manufactured as 8 a pistol that otherwise meets the definition of a prohibited firearm, but is chambered only in a 9 pistol cartridge. 10 (j) “pistol grip” means a well-defined handle, similar to that found on a handgun, that 11 protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be 12 held and fired with one hand. 13 (k) "semi-automatic" means a firearm which fires a single projectile for each single 14 pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. 15 (l) “similar weapon” means any firearm that is substantially similar in function, 16 configuration, or tactical capability to the Sig Sauer MCX pistol, the Daniel Defense DDM 17 PDW, or any variant thereof; or any firearm meeting the description in subsection (2)(a) 18 regardless of name, model or manufacturer. 19 (m) “Threaded barrel” means threads on the muzzle end of a barrel and shall include, 20 but not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been 21 attached. 22 (2) Prohibited Firearms for Concealed Carry 23 (a) “Prohibited Firearms” means any firearm that: 24 4 1. was originally manufactured or designed as a pistol; 1 2. is chambered in a rifle-caliber cartridge, including but not limited to .300 AAC 2 Blackout, 5.56mm NATO, .223 Remington or 7.62x39mm amunition; 3 3. has a barrel length of less than sixteen (16) inches; and 4 4. incorporates one or more of the following features: 5 (i) an arm brace, stabilizing brace, or buffer tube system designed to be 6 shouldered; 7 (ii) a rail-mounted foregrip or hand stop; 8 (iii) a muzzle device such as a flash suppressor or suppressor-ready thread; 9 (iv) a mounting system capable of accepting military-grade optics, rifle 10 scopes, or other rifle-style aiming devices. 11 (3) Prohibitions and Penalties 12 No person shall manufacture, sell, offer to sell, transfer, or purchase a prohibited firearm, 13 except as otherwise authorized under this section. Any person convicted of violating this 14 subsection shall be imprisoned for not more than ten years, or by a fine up to ten thousand 15 dollars, and the prohibited firearm shall be subject to forfeiture. 16 (4) Mandatory Surrender 17 (a) Any person in possession of a prohibited firearm or similar weapon on the effective 18 date of this section shall, within 90 days: 19 (1) surrender the firearm to the Virgin Islands Police Department (“VIPD”) for 20 destruction; or 21 (2) transfer the firearm off-island through a federally licensed firearms dealer; 22 and 23 5 (3) surrender any firearm license issued for the firearm to VIPD for immediate 1 revocation. 2 (b) No compensation shall be owed to persons who surrender firearms or licenses. 3 (c) The following limited exceptions to subsection (a) of this section shall apply: 4 (1) A person who lawfully possesses a prohibited firearm may sell, offer to sell, 5 or transfer the prohibited firearm to a federally licensed firearm dealer, or to an individual 6 outside the state who may lawfully possess such weapon. 7 (2) A federally licensed firearm dealer may sell, offer to sell, or transfer a 8 prohibited firearm to another federally licensed firearm dealer, or to a law enforcement 9 entity identified in subsection (c)(3) of this section, or to an individual outside the state 10 who may lawfully possess such weapon. 11 (3) A law enforcement agency, acting under authority of the United States or the 12 territorial government may import or purchase a prohibited firearm and may lawfully sell, 13 offer to sell, or transfer a prohibited firearm to a federally licensed firearm dealer or to an 14 authorized law enforcement agency. 15 (5) Limited Exception for Pistol-Caliber Variants 16 (a) A Pistol-Caliber Variant may be registered and possessed only for home protection 17 or authorized use at a licensed shooting range. 18 (b) Transportation of such firearms is prohibited except as expressly authorized by law. 19 (6) Persons Excepted 20 This section shall not apply to: 21 (a) Law enforcement officers acting within the scope of their duties; 22 (b) Members of the United States Armed Forces or National Guard in active service or 23 training. 24 6 (7) Promulgation of Regulations 1 The Commissioner of Police shall promulgate regulations within 60 days of the effective 2 date of this section including: 3 1. Procedures for surrender and off-island transfer of firearms; 4 2. Certification of inoperability; 5 3. Registration standards for Pistol-Caliber Variants. 6 SECTION 2. Title 14 Virgin Islands Code, chapter 113 is amended by adding the 7 following new sections 2253b and 2259: 8 “§2253b. Prohibition on Suppressors and Silencers 9 (a) It shall be unlawful for any person to possess, manufacture, import, transfer, 10 transport, sell, offer for sale, or use any firearm suppressor or silencer in the Virgin Islands. 11 (b) For purposes of this section, a “suppressor” or “silencer” means any device for 12 silencing, muffling, or diminishing the report of a portable firearm, including the frame or 13 receiver of any such device, and any part intended for use in assembling or fabricating such a 14 device. 15 (c) This section shall not apply to Law Enforcement Officers or agents of the United 16 States Government acting within the scope of official duties; or members of the United States 17 Armed Forces or National Guard in connection with lawful military activities. 18 (d) ATF Authorization Not Recognized 19 (1) Notwithstanding any federal authorization, including a tax stamp or 20 registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), no 21 person shall possess a suppressor or silencer in the Virgin Islands, except as permitted 22 under subsection (c). 23 (2) Any such device found in the Territory shall be deemed contraband and 24 subject to immediate seizure and destruction. 25 7 (e) Penalty Violation of this section shall constitute a felony and shall be punishable 1 by imprisonment for not more than five years; or a fine not exceeding twenty-five thousand 2 dollars or both. 3 §2259. Large-capacity magazines prohibited; Felony; Misdemeanor; Or Civil Violation 4 (a) For purposes of this section, the term “large-capacity ammunition magazine” 5 means any magazine, belt, box, drum, tube, or similar device which is capable of holding more 6 than ten rounds of ammunition. 7 (b) Except as otherwise provided in this section, it is unlawful for a person to 8 manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity 9 magazine. 10 (1) A violation of this section which is a first offense which only involves 11 possession of a large capacity magazine is a civil penalty of $500. 12 (2) A second violation of this section which only involves possession of a large 13 capacity magazine is a misdemeanor with a civil penalty fine of $2500. 14 (3) All other violations of this section, including a subsequent offense involving 15 only possession of a large capacity magazine, are felonies. 16 (4) A large-capacity magazine is subject to forfeiture for a violation of this 17 section. 18 (5) The Superior Court of the Virgin Islands has exclusive jurisdiction over 19 violations under this section. 20 (c) This section does not apply to any of the following: 21 (1) personnel of the United States government or a unit of the United States 22 government who are acting within the scope of official business; 23 8 (2) members of the Armed Forces of the United States or of the National Guard 1 who are acting within the scope of official business; 2 (3) a law-enforcement officer; 3 (4) a qualified retired law-enforcement officer; or 4 (5) a licensed firearms dealer who sells a large-capacity magazine to another 5 licensed firearms dealer or to an individual exempt under paragraphs (1) through (5). 6 (6) A large-capacity magazine that a person has rendered permanently inoperable 7 or has permanently modified to accept 10 rounds of ammunition or less. 8 (d) Subsections (b) and (c) shall not apply to— 9 (1) A sworn peace officer whether on or off duty; a sworn federal law 10 enforcement officer who is authorized to carry a firearm in the course and scope of his 11 duties; or a sworn peace officer who retired in good standing; 12 (2) Members of the Armed Forces of the United States or the National Guard, 13 while on duty or traveling to or from an authorized place of duty. 14 (e) This section does not apply to the following: 15 (1) A person who manufactures a large-capacity magazine, if the person 16 manufactures the large-capacity magazine with the intent to sell the large-capacity 17 magazine, or offers the large-capacity magazine for sale, to a person outside of the 18 territory; 19 (2) A person who ships or transports a large-capacity magazine for a person 20 under paragraph (l) of this subsection.”; and 21 (3) By redesignating the remaining subsection accordingly. 22 SECTION 3. Title 23 Virgin Islands Code, chapter 5 is amended as follows: 23 9 (a) Section 451, subsection (f) is amended by inserting, “which is designed to, or may 1 readily be converted or restored to expel a projectile,” after “composition”.; 2 (b) Adding the following new subsection 454b : 3 “§ 454b. Safety Training Requirement for Possession of Rifles and Shotguns 4 (a) Any person who applies for the registration, licensing, or lawful possession of a 5 rifle or shotgun under this chapter must complete a certified firearms safety course approved 6 by the VIPD, which includes instruction in: 7 (1) the safe handling, loading, and storage of rifles and shotguns; 8 (2) firearm maintenance and secure transportation; 9 (3) lawful use of force and applicable local firearm laws; 10 (4) range safety and marksmanship fundamentals. 11 (b) The firearms safety course must be taught by a certified instructor recognized by 12 the VIPD and shall include both classroom instruction and live-fire qualification. 13 (c) This requirement shall apply to: 14 (1) All new applicants who do not currently possess a valid firearm license under 15 this chapter; 16 (2) All individuals seeking to acquire, possess, or use a rifle or shotgun for 17 purposes of home protection, sporting use, or recreational shooting. 18 (d) Any person who, as of the effective date of this section, holds a valid firearm license 19 issued under this chapter and lawfully possesses a rifle or shotgun shall not be required to 20 complete the safety course as a condition of continued possession. 21 (1) The VIPD may require completion of the course for individuals involved in 22 negligent or unsafe firearm use, even if licensed. 23 10 (e) Individuals who possess a valid hunting license with proof of completion of a 1 hunter’s education course within the past five years may petition for an exemption from the 2 training requirement, subject to VIPD approval. 3 (f) The VIPD shall promulgate regulations for the approval of training courses and 4 instructors, maintain a list of certified courses, and provide public notice of course availability. 5 (g) Failure to complete the required training shall be grounds for denial or revocation 6 of any rifle or shotgun license or registration. 7 (c) Section 466 is amended in the following instances: 8 (1) In subsection (a), insert “, firearm accessories” after “firearms” in the first 9 line. 10 (2) In subsection (b), insert “or firearm accessories” after “ammunition”; and 11 insert “that is of the same caliber or gauge of the firearm described in the firearms license 12 or registration certificate.” after “license”. 13 (3) In subsection (c), insert “firearm, firearm accessories, or” after “sell”; and 14 add item 3: “(3) The firearm accessories to be purchased or transferred must be of the 15 same caliber or gauge of the firearm described in the firearms license or registration 16 certificate. 17 (4) Add the following new subsection (e): 18 “(e) Any parts of a firearm that can change the ballistic identity of the firearm 19 must be sold and recorded through a licensed Federal Firearms Licensed holder and that 20 information must be given to the Virgin Islands Police within 48 hours. These parts 21 include the barrel, firing pin, extractor, ejector, and Bolt Carrier Group (BCG). Any 22 violation of this section shall result in a misdemeanor charge for the first offense and any 23 subsequent offenses shall result in punishment pursuant to section 484 of this chapter. 24 11 SECTION 4. Effective Date 1 This act shall take effect 15 days after enactment. 2 BILL SUMMARY 3 This bill amends title 14, Virgin Islands Code, chapter 113 to define and prohibit assault 4 rifles, ban suppressors and silencers, and require safety training for licensed rifles and shotgun 5 holders. The bill further amends title 14 Virgin Islands Code, chapter 113 to prohibit large- 6 capacity magazines and prevent the illegal sales of firearms, firearm accessories and 7 ammunition to help reduce and prevent the proliferation of assault rifles in the territory. Section 8 3 of the bill amends Title 23, Virgin Islands Code chapter 5 to require safety training for the 9 possession of rifles and shotguns and added the sale of firearm accessories to section 466, which 10 prohibits the sales of weapons and ammunition without licenses. 11 BR25-0706/August 4, 2025/NS 12 S:\AMENDS\36th Legislature\JOSEPH, SR., CLIFFORD A\Amendment 36- 13 526\Amendment 36-526 -(REVISED) DRAFTED ON YELLOW.docx 14