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DOJ to Virgin Islands: Swapping One Bad Gun Law for Another Doesn't Fix Years of Constitutional Violations

August 10, 2026

The DOJ just told the Virgin Islands you can't just slap a new coat of paint on an unconstitutional gun control regime and call it fixed. This is exactly the kind of case I keep my eye on because it shows what happens when politicians and police decide they know better than the Constitution about our Second Amendment rights.

Here's what went down: The DOJ sued the Virgin Islands Police Department back in December 2025 for running an unconstitutional may-issue permitting system that required residents to prove a "proper reason" just to exercise their rights. After Bruen, that's flat-out illegal. But VIPD apparently kept enforcing this unconstitutional standard for years—denying applications year after year even after the Supreme Court made it clear these discretionary schemes violate the Second Amendment.

Now here's where it gets interesting. Instead of actually fixing the problem, Virgin Islands lawmakers passed Act 9113 in June. On paper, it replaces the old may-issue system. In reality? It bans semiautomatic rifles and standard-capacity magazines—exactly the same type of bans the Third Circuit just struck down in the New Jersey case. Since the Virgin Islands falls under Third Circuit jurisdiction, they're walking straight into another constitutional wall.

The DOJ isn't buying the "we fixed it" act either. They're arguing the case isn't moot because VIPD engaged in a years-long pattern of misconduct: demanding warrantless home inspections as a condition for permits, requiring bolted gun safes with no statutory authority, sitting on applications for up to a year, and even banning magazines without any law to back it up.

Here's the thing that gets me: making gun owners surrender Fourth Amendment protections just to buy a firearm? That's not law enforcement—that's extortion. And the idea that police can invent restrictions lawmakers never passed? That's how you turn a constitutional right into a bureaucratic privilege.

The DOJ's got the right idea. You don't get to dodge accountability by swapping one unconstitutional scheme for another. The Second Amendment isn't a suggestion, and jurisdictions that treat it like a licensing loophole need to face consequences.