Legal Information: U.S. Virgin Islands

Statutes: Virgin Islands, U.S.

View all
December 28, 2021

458. Grounds for refusing to issue license

(a) The Commissioner shall not issue a license to have and possess a firearm to any person convicted in or outside the Virgin Islands of any crime of violence; or of any violation of a narcotic or ‘harmful drug‘law; nor to any person who is mentally incompetent, or a alcoholic or a narcotic or drug addict; nor to any person convicted for the violation of the provisions of this chapter; nor to any person who for justifiable reasons is deemed to be an improper person by the Commissioner.

(b) As used in subsection



(1) ‘Mentally incompetent‘means a person who is manifestly psychoti c or otherwise of unsound mind, either consistently or sporadically, by reason of mental defect, among which are retardation, schizophrenia or other acute hallucinatory and delusory defects of mind, certain types of epilepsy or other seizure disorders which render the individual coordinated and mobile but of unsound mind, bipolar disorder which results in sporadic psychosis, and other disorders which consistently or sporadically render the person starkly incapable of maintaining awareness of and responsibility for his actions.(2) ‘Alcoholic‘means a person who has a problematic pattern of usin g alcohol that results in impairment in daily life or noticeable distress, and typically including a strong desire to take alcohol, difficulties in controlling use, persisting in its use despite harmful consequences, a higher priority given to alcohol use than to other activities and obligations, increased tolerance, and a physical withdrawal state.(3) ‘Narcotic or drug addict‘means a person with a chronic, relapsi ng brain disease that is characterized by compulsive drug seeking and use, despite harmful consequences.

(c) There is a non-rebuttable presumption that an applicant is an alcoholic or a narcotic or drug addict if the applicant has at any time been committed to a health care facility for treatment of alcoholism or narcotic or drug addiction, or if the applicant has two or more alcohol-related or narcotic or drug addiction-related convictions under the laws of the Virgin Islands or the laws of any state. But notwithstanding the foregoing, the Commissioner may issue a license to an alcoholic or a narcotic or drug addict, if the applicant provides an affidavit signed by a licensed professional counselor averring that the applicant is a recovering alcoholic or a recovering narcotic or drug addict who has refrained from using alcohol or drugs for at least three years.

(d) Not later than 30 days after an applicant has filed an application for a license under section 454 or 454a, the Commissioner shall provide a written explanation either mailed or hand-deliver to an applicant who has been denied a license.

(e) The Commissioner shall not issue a license to have and possess a firearm to persons employed by private security guard or investigative agencies, as defined in subsection (g) of section 1301 of this title, unless and until such persons (i) have successfully completed the psychological and drug and alcohol abuse tests authorized to be administered by the Department of Health pursuant to the provisions of section 418a of chapter 23 of Title 3, Virgin Islands Code, and (ii) have successfully completed a comprehensive course in the proper handling and use of firearms, including a comprehensive examination at the conclusion thereof, which, in the opinion of the Commissioner, is comparable in scope to that administered to appointees of the Police Division of the U.S. Virgin Islands Police Department (V.I.P.D.) pursuant to the authority of section 258, Title 3, Virgin Islands Code; Provided, however, That once such persons have complied with requirements under this subsection, he or she will be deemed to have complied with these requirements for all future applications for licenses to have and possess firearms, or for renewals of such licenses.

WomensLaw serves and supports all survivors, no matter their sex or gender.