SAN JUAN, Puerto Rico — Gun Owners of America and the Gun Owners Foundation have filed a new lawsuit against the U.S. Virgin Islands government and its police commissioner, escalating an ongoing legal battle over Second Amendment protections in the territory.
The nonprofit organizations are asking a federal court to require the territory to issue concealed carry licenses to nonresidents, arguing that current policies violate constitutional rights.
The lawsuit, filed this week, centers on Florida resident Sean Dale Henry, a member of Gun Owners of America and supporter of the foundation. According to court documents, Henry repeatedly attempted to contact the U.S. Virgin Islands police department to apply for a concealed carry license but was unable to reach anyone.
“Henry has been unable to get the USVI police to so much as pick up the telephone,” the lawsuit states. “The fact that the USVI police do not answer their phone makes (Henry’s) need to keep and bear arms for his own self-defense all the more vital.”
A spokesperson for the U.S. Virgin Islands government did not immediately respond to requests for comment.
The lawsuit notes that Henry plans to visit the U.S. Virgin Islands at least twice in the coming months and intends to carry a concealed firearm for personal protection during his travels.
“The Second Amendment doesn’t end at the shoreline,” said Luis Valdes, the U.S. Virgin Islands outreach director for Gun Owners of America. “Americans don’t lose their constitutional rights simply because they travel to a U.S. territory.”
This marks the second time the U.S. Virgin Islands government and its police commissioner have faced legal action over gun rights issues.
In December, the U.S. Department of Justice sued the territory, alleging systematic obstruction of citizens’ Second Amendment rights. The DOJ pointed to local requirements that applicants demonstrate “good reason to fear death or great injury to his person or property” and provide references from “two credible persons” who can vouch for their need for a firearm.
At that time, the U.S. Virgin Islands government stated it was “committed to protecting constitutional rights while maintaining public safety.”
In a February court filing, the territory pushed back against federal authorities, accusing the U.S. government of appearing before the court “with unclean hands” and highlighting what it described as widespread violations of constitutional rights by federal law enforcement agencies.
“The United States of America cannot come to the court with unclean hands and seek to enjoin others while engaging in such blatant, violative, and abusive patterns and practices itself,” the filing read.
That case continues to move through the judicial system.