SAN JUAN, Puerto Rico — A 2nd Amendment clash has erupted between the federal government and the U.S. Virgin Islands.
The U.S. government sued the U.S. territory, its police department and Police Commissioner Mario Brooks on Tuesday, accusing them of obstructing and systematically denying American citizens the right to possess and carry guns.
The U.S. Virgin Islands requires that applicants demonstrate “good reason to fear death or great injury to his person or property,” and have “two credible persons” to vouch for their need of a firearm. Local law also requires that someone have “good moral character” to obtain a gun permit, which is valid for up to three years and applies to a single weapon.
The lawsuit states that no specific standard has been set or defined for the requirement of character. It also claims that the defendants “regularly” refuse to issue permits to those who by law are “deemed to be an improper person” by the territory’s police commissioner.
The lawsuit states that those in the U.S. territory also must “submit to intrusive and warrantless home searches” as one condition to obtain a gun permit. If an applicant refuses a home inspection, which takes “several months to a year to schedule and complete,” the government will not process their request, according to the lawsuit.
It also notes that the police department “denies firearms licenses to otherwise qualified applicants whenever it deems that the applicant has ‘too many’ firearms.”
In addition, the lawsuit accuses the U.S. Virgin Islands of demanding that applicants “unnecessarily spend money to install a safe,” and that it be bolted to the floor or wall of their home.
The lawsuit accuses the defendants of defying “binding Supreme Court precedent to frustrate the Second Amendment rights of law-abiding American citizens.”
It notes that those citizens “have a fundamental right to possess guns in their homes” and carry handguns publicly for the purpose of immediate self-defense.
The lawsuit was filed in U.S District Court in the U.S. Virgin Islands. It asks that a judge find that the defendants are violating the 2nd Amendment and seeks an injunction to prohibit them from implementing local laws tied to the issuance of firearms licenses.
The U.S. Virgin Islands government said in a statement late Tuesday that it is reviewing the lawsuit and taking the allegations seriously.
It noted that the administration of Gov. Albert Bryan Jr. and Lt. Gov. Tregenza A. Roach “is committed to protecting constitutional rights while maintaining public safety.”
The statement said that the allegations would be addressed in court, and that no further comment would be issued.
The lawsuit was filed as the Trump administration pushes to expand gun rights. Last year, Trump claimed that the 2nd Amendment was “under siege” and described himself as “the best friend gun owners have ever had in the White House.”
Coto writes for the Associated Press.
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