EFTA01810260.pdf

54.1-4202. Penalties for violation of the 59.1.139. Persons possessing explosives enforcement agency of this Commonwealth shall provisions of this chapter Any person convict- to give notice of theft not sell or trade any firearm owned and used or ed of a first offense for willfully violating the pro- Any person having in his possession any otherwise lawfully in its possession except (i) to visions of this chapter shall be guilty of a Class 2 explosives covered by this chapter shall another law-enforcement agency of the Com- misdemeanor. Any person convicted of a sec- immediately notify the sheriff of the county or the monwealth, (ii) to a licensed firearms dealer. (iii) ond or subsequent offense under the provisions police officials of the city in which any such to the persons as provided in § 59.1-148.3 or (iv) of this chapter shall be guilty of a Class 1 explosives are being stored or used in the event as authorized by a court in accordance with § misdemeanor. that any such explosives are stolen. 19.2-386.29. Title 59.1. Trade and Commerce Chapter 11.1. Firearms [Current through the 2008 Regular Session, Acts 2008. cc. 1 to 884, 2008 Special Session Chapter 10. Explosives 59.1.148.4. Sale of firearms by law-enforce. I, cc. 1 and 2, 2008 Special Session II, cc. 1 to ment agencies prohibited: exception A law- 111 VIRGIN ISLANDS V.I. CODE Title 14. Crimes (c) In the trial of a person for committing or at- (Q "Dealer in firearms and/or ammunition" tempting to commit a crime of violence, as here- means any person engaged in the business of Chapter 113. Weapons in defined, the fact that he was armed with a fire- selling firearms and/or ammunition, for a profit or arm. used or attempted to be used, and had no gain. 2253. Carrying of firearms; openly or con- license to carry the same, as required in Title 23. (g) 'Gunsmith" means any person who en- cealed; evidence of intent to commit crime of chapter 5 of the Code, shall be evidence of his gages in the business of repairing, altering, violence: definitions intention to commit said crime of violence. cleaning, polishing, engraving, bluing, or per- (a) Whoever, unless otherwise authorized by (d) As used in this chapter - forming any mechanical operation on any fire- law, has. possesses, bears, transports or carries (1) "Crime of violence' shall have the same arm on an individual order basis. either. actually or constructively, openly or con- definition as that contained in Title 23, section 452. Applicability of chapter No person cealed any firearm, as defined in Title 23, sec- 451(e) of this Code. shall have, possess. bear. transport or carry a tion 451(d) of this code. loaded or unloaded, (2) "Machine gun" means any firearm, as de- firearm within the Virgin Islands. or engage in may be arrested without a warrant, and shall be fined in Title 23, section 451(d) of this Code, the business of dealer in firearms and/or ammu- sentenced to imprisonment of not less than one which shoots automatically more than 12 shots nition or the business of gunsmith, except in year nor more than five years and shall be fined without reloading. compliance with the provisions of this chapter. not less than $5,000 nor more than $ 15,000 or (3) "Sawed-off shotgun' means any firearm. 453. Persons who may lawfully carry fire- both the fine and imprisonment, except that if as defined in Title 23, section 451(d) of this arms such person shall have been convicted of a Code, designed to fire through a smooth bore (a) The following persons. in the discharge of felony in any state, territory, or federal court of either a number of ball shot or a single projectile. their official duties, and in accordance with and the United States. or if such firearm or an the barrel of which is less than 20 inches in subject to the conditions and restrictions im- imitation thereof was had, possessed. home, length. posed by the laws and regulations applicable to transported or carried by or under the proximate (4) The term 'possession' as used in this sec- their conduct. may lawfully have. possess. bear. control of such person during the commission or tion means both actual and constructive pos- transport and carry firearms in the Virgin Islands: attempted commission of a crime of violence, as session. (1) Members of the Armed Forces of the defined in subsection (d) hereof, then such (5) 'Constructive possession" means having United States or of the organized reserves. person shall be fined $25,000 and imprisoned the power and the intention at any given time to (2) Officers and employees of the United not less than fifteen (15) years nor more than exercise dominion or actual control over the lire- States duty authorized by Federal law to carry twenty (20) years. The foregoing applicable am-i either directly or through another person. firearms. penalties provided for violation of this section (3) Persons employed in fulfilling defense shall be in addition to the penalty provided for Title 23. Internal Security and Public Order contracts with the United States Government or the commission of, or attempt to commit, the agencies thereof where possession or use of felony or crime of violence. Chapter 5. Control of Firearms and firearms is necessary under the provisions of (b) Whoever, unless otherwise authorized by Ammunition such contracts. law, has. possesses, bears, transports or carries (4) Members of the police force of the Virgin either, actually or constructively, openly or con- 451. Definitions As used in this chapter, un- Islands, marshals, or other duly authorized cealed any machine gun or sawed-off shotgun. less the context clearly requires otherwise- peace officers. as defined in subsection (d)(2) and (3) of this (a) "Ammunition" means any bullet, cartridge. (5) Penitentiary and jail wardens and guards. section, loaded or unloaded, may be arrested projectile, buckshot. or any load placed or which (b) The persons authorized by subsection (a) without a warrant, and shall be sentenced to im- may be placed in a firearm to be discharged. of this section lawfully to have, possess. bear, prisonment of not less than two years nor more (b) 'Commissioner" means the Police Com- transport and carry firearms shall obtain such than seven years and shall be fined $25,000. ex- missioner of the Virgin Islands. weapons and ammunition therefor only through cept that if such person shall have been con- (c) "Department" means the U.S. Virgin Is- the duly authorized officers or heads of their re- victed of a felony in any stale, territory or federal lands Police Department (V.I.P.D.). spective services or departments. court of the United States, or if such machine (d) "Firearm" means any device by whatever 454. Persons who may be licensed to carry gun or sawed-off shotgun or an imitation thereof name known, capable of discharging ammuni- firearms. A firearm may be lawfully had. pos- was held. possessed, borne, transported by or tion by means of gas generated from an explos- sessed, home. transported or carried in the Vir- under the proximate control of such person dur- ive composition, including any air, gas, or spring gin Islands by the following persons, provided a ing the commission or attempted commission of gun or any "B.B." pistols or "B.B." guns that have license for such purpose has been issued by the a crime of violence, as herein defined, then such been adapted or modified to discharge projec- Commissioner in accordance with the provisions person shall be fined $ 50.000 and imprisoned tiles as a firearm. of this chapter: not less than fifteen (15) years nor more than (f) 'Crime of Violence" means the crime of. or (1) An officer or employee of the Government twenty (20) years. The foregoing applicable pen- the attempt to commit, murder in any degree, of the Virgin Islands in cases where such alties provided for violation of this section shall voluntary manslaughter, rape, arson, discharg- license, in the judgment of the Commissioner. be in addition to the penalty provided for the ing or aiming firearms, mayhem, kidnapping, as- should be issued to such officer or employee by commission of, or attempt to commit. the crime sault in the first degree. assault in the second reason of the duties of his position: of violence. degree, assault in the third degree, robbery, (2) An agent, messenger or other employee of burglary. unlawful entry or larceny. a common carrier, bank or business firm, whose Page 456 EFTA_R1_00171383 EFTA01810260 duties require him to protect money, valuables censed in the Virgin Islands to carry on the busi- drunkard or narcotic or drug addict: nor to any or other property in the discharge of his duties: ness of providing security, guard, patrol and pri- person convicted for the violation of the provi- And provided. That the employer of such person vate detective services; Provided, however, That sions of this chapter: nor to any person who for shall have justified to the satisfaction of the in the case of any such bonded alien the license justifiable reasons is deemed to be an improper Commissioner the need for the issuance of the shall be issued to the business entity by which person by the Commissioner. license; he is employed: 460. Reciprocal recognition of out-of-state (3) A person having a bona fide residence or (3) that the applicant is a person of good licenses Unless otherwise prohibited by any place of business within the Virgin Islands. who moral character: state or federal law. a license to possess or to established to the satisfaction of the Commis- (4) that the applicant's fingerprints have been carry firearms. issued by any competent author- sioner that he has good reason to fear death or duly taken and/or checked with the records of ity of any state or territory of the United States great injury to his person or property, or who the Department or other appropriate sources: and in accordance with the same or similar re- establishes any other proper reason for carrying and quirements as set forth in the preceding sections a firearm, and the circumstances of the case. (5) that no proper reason exists to deny such pertaining to the applicant's eligibility, and the established by affidavit of the applicant and of at application. establishment of his reputation through finger- least two credible persons, demonstrate the 456a. Persons ineligible to possess or prints, shall be recognized as valid within the need for such license: carry firearms or ammunition Virgin Islands and shall allow the holder thereof (4) A person licensed to and actively engaged (a) The following persons are ineligible for a to exercise all of the privileges in connection in the business of manufacturing, repairing or license to possess or carry a firearm or therewith. while said licensee is a visitor or tran- dealing In firearms in the Virgin Islands. or the ammunition as provided In this chapter sient resident herein. agents or representatives of any such person. (1) a person who has been convicted in any Any marshal, sheriff, constable, police or oth- having necessity to handle or use firearms in the court for a crime punishable by imprisonment for er peace officer, of any state or territory of the usual or ordinary course of business: a term exceeding one year; United States. whose duty it is to serve process (5) With respect to a rifle or a shotgun a per- (2) a person who is a fugitive from justice; and make arrests. may, while travelling through son possessing a valid and current Virgin Is- (3) a person who is an unlawful user of or or in the Virgin Islands on official business, carry lands hunting license. addicted to any controlled substance as defined such weapons or equipment as has been au- 455. Application for license: form, oath: in title 19. section 593(6) of the Virgin Islands thorized by his appointing authority. fees Code; 461. License to sell firearms and/or ammu- (a) Every application for a license to have and (4) a person who has been adjudicated as a nition; gunsmiths; report of transactions; possess a firearm shall be made under oath and mental defective or who has been committed to private transfer sales to minors or aliens on forms which the Commissioner shall prepare a mental institution: (a) No person may engage in the business of for such purpose. For the purposes of the en- (A) For the purpose of this section the phrase dealer in firearms and/or ammunition or as a forcement of the provisions of this chapter, the "committed to a mental institution* includes gunsmith without holding a license therefor is- applicant shall furnish all information as may be commitment to a mental institution involuntarily. sued by the Commissioner of Licensing and required of him by the Commissioner. but does not include a person held in a mental Consumer Affairs upon favorable report of the (b) The initial fee for a license under section institution for observation. Police Commissioner. 454 of this chapter shall be $75.00. The license (B) For the purpose of this section, the phrase (b) Each transaction referring to the importa- may be renewed every three years for a fee of "mental institution" includes mental health tion, or to the sale of firearms and ammunition $150.00. facilities, mental hospitals, sanitariums. between dealers, shall be reported to the Com- (c) Upon renewal of a license to have and psychiatric facilities and other facilities that missioner on forms which he shall provide. and possess a firearm, the receipt from the U.S. Vir- provide diagnoses by licensed professionals for the name, domicile, place of business. and the gin Islands Police Department (V.I.P.D.) for the mental retardation or mental illness. including a number of the license of the vendor and vendee, renewal fee will serve as a temporary license psychiatric ward in a public or private hospital. as well as the quantities and descriptions of the until the official license can be provided to the (5) a person who, being an alien, is illegally or firearms or ammunition which are the subject of licensee by the Commissioner. unlawfully in the United States: each transaction, shall be set forth therein, as (d) The Commissioner shall ensure that the (6) a person who has been discharged from required by the Commissioner. renewal license is presented to the licensee the United States Armed Forces under (e) My person, not otherwise engaged in the within forty-five (45) days of receipt of payment dishonorable conditions: business of a dealer in firearms and/or ammuni- for the renewal fee. (7) a person who, having been a citizen of the tion. may transfer a firearm to another by sale, (e) Notwithstanding the provisions of this sec- United States. has renounced his citizenship: gift exchange or otherwise only upon prior re- tion, no person shall be charged with posses- (8) a person who is subject to a court order porting to the Commissioner of the details of the sion of an unlicensed firearm if the subject that- proposed transaction. The Commissioner shall weapon had been previously licensed and said (A) was issued after a hearing of which the thereupon determine the eligibility of the pro- license has expired not more than ninety (90) person received actual notice, and at which the posed transferee for a license to possess fire- days prior to arrest: Provided, however, that this person had an opportunity to participate; arms, and shall make such further determination subsection shall not apply to persons who pos- (B) restrains the person from harassing. as may be necessary in the circumstances. sess, bear. transport, carry or have under their stalking, or threatening an intimate partner of (d) No person licensed or otherwise, may sell control in any vehicle, any firearm during the such person or child of such intimate partner or or furnish firearms or ammunition to a minor, ex- commission or attempted commission of a crime person, or engaging in other conduct that would cept that a shotgun or rifle of such type or cali- of violence, as defined in subsection (d) of sec- place an intimate partner in reasonable fear of ber as the Commissioner may prescnbe or am- tion 2253, Title 14. Virgin Islands Code. bodily injury to the partner or child; and munition therefor, may be sold or furnished by a 456. Qualifications of applicant (C)(i) includes a finding that the person licensed dealer to a minor who displays a hunt- (a) The Commissioner shall not issue a li- represents a credible threat to the physical ing or sporting license issued him in accordance cense for firearms under section 454 of this safety of such intimate partner or child: or with the laws of the Virgin Islands. and who chapter until all the circumstances and facts set (ii) by its terms explicitly prohibits the use. further displays the written consent of his parent, forth in the application have been investigated. attempted use, or threatened use of physical guardian, or other responsible person acting in and the records of the Department and other force against such intimate partner or child that their absence and interest. in which such sale or available records have been examined, and un- would reasonably be expected to cause bodily delivery has been authorized. less such investigation establishes to the satis- injury; or 462. Application for dealer's or gunsmith's faction of the Commission: (9) a person who has been convicted in any license; form and content; term; fee; re- (1) the truth of such circumstances and facts: court of a misdemeanor crime of domestic newals (2) that the applicant is a resident of the Virgin violence. (a) My person wishing to obtain a license to Islands. including with respect to shotguns or 458. Grounds for refusing to issue license engage in the business of dealer in firearms rifles a minor not under 16 years of age, or a (a) The Commissioner shall not issue a li- and/or ammunition or the business of gunsmith. nonresident who holds a current and valid li- cense to have and possess a firearm to any per- or both. shall file with the Commissioner of Li- cense to hunt in the Virgin Islands. or an alien son convicted in or outside the Virgin Islands of censing and Consumer Affairs a sworn applica- bonded under applicable Federal and Virgin Is- any crime of violence; or of any violation of a tion in the manner provided by the said Commis- lands statutes for employment with a person. narcotic or 'harmful drug' law; nor to any person sioner of Licensing and Consumer Affairs in con- firm, corporation or other business entity duly li- who is mentally incompetent, or a habitual sultation with the Police Commissioner which Page 457 EFTA_R1_00171384 EFTA01810261 application shall contain all the information nec- (1) The business shall be operated only on not more than 510,000 or ten (10) years impris- essary so that the license may be issued in ace the premises specified in the license. onment or both. cordance with the provisions of this chapter. (2) The license. or a copy thereof, certified by 467a. Importation of firearms without a li- Such application shall be transmitted to the Po- the authority issuing the same, shall be posted cense Except as provided in section 476 of this lice Commissioner and no license shall be is- in the establishment so that it may be easily chapter, whoever, without being licensed in ac- sued under this section without the latter Com- read. cordance with this chapter, imports, carries, or missioner first making an investigation of all the (3) Under no circumstances shall a weapon or brings any firearm or ammunition into the Virgin statements set forth in the application and with- shall ammunition be sold unless the vendor is Islands and fails to report to the Commissioner out the records of the Department first being ex- personally acquainted with the buyer or the latter as required by section 470 of this chapter shall amined for the purpose of determining any prior clearly establishes his identity. be punished by a fine of not less than $ 50,000 convictions of the applicant, and only when such (4) A record in triplicate shall be kept of each or imprisonment for a minimum of 25 years or an Investigation establishes that the statements firearm sold and of each sale of ammunition, on both fine. of the applicant are true, and that the applicant books devoted to this purpose which shall be 470. Report of firearms purchased outside has not been convicted of any crime of violence printed in the manner prescribed by the Com- or brought into the Virgin Islands; fees; and the Commissioner so certifies, recommend- missioner and the record of each sale shall be penalty ing that the license be issued. Where the appli- personally signed by the buyer and by the per- (a) Any person other than a licensed dealer, cant is a corporation or partnership, no license son making the sale, each in the presence of the who purchases or otherwise obtains any firearm shall be issued if any officer of the corporation, other: and such record shall set forth the day or ammunition from any source within or outside or partner of the partnership. has been convicted and hour of the sale, caliber, manufacture. mod- the Virgin Islands shall report such fact in writing of any crime of violence. el and factory number of the weapon, caliber or in person to the Commissioner immediately (b) Licenses hereunder shall be issued for a mark, and quantity of ammunition. the name, after receipt of the firearm or ammunition, fur- term of one year. expiring in any event on the birthplace. address and occupation of the buyer. nishing a complete description of the firearm or 15th day of January succeeding the date of issu- Said record shall also contain a thumbprint of ammunition purchased or otherwise obtained. ance. the buyer and shall also set forth whether the He shall also furnish his own name. address, (c) The annual fee for a license as a dealer of buyer is personally known to the vendor, and in date of birth and occupation. firearms and/or ammunition shall be S100. for a case he should not be the manner in which the (b) My person upon entering the Virgin Is- license as gunsmith, $100, and for a license as buyer established his identity. The vendor shall lands bringing with him any firearm or ammuni- both, $150. transmit a copy of such record by registered tion shall report in writing or in person to the 463. Qualifications of dealer or gunsmith mail, within 24 hours following the sale, to the Commissioner immediately of his arrival, furnish- No license to engage in the business of gun- Commissioner; he shall send the duplicate with- ing a complete description of the firearm or am- smith or of dealer in firearms and/or ammunition in 48 hours following the sale to the Attorney munition brought into the Virgin Islands. He shall shall be issued to a person not over 21 years of General and shall keep the triplicate for six also furnish his own name, address, date of birth age, and not a resident of the Virgin Islands and years. and occupation. a citizen of the United States. (5) A licensee, if limited to the business of a (c) In the event the person reporting under When the applicant is a corporation, it shall be gunsmith, shall not be required to forward re- subsections (a) or (b), above, is qualified for a li- organized under the laws of the Virgin Islands. ports of the work performed under said license, cense to carry firearms in the Virgin Islands, the and if a partnership, all partners shall be resi- but shall maintain at his place of business an ac- Commissioner shall issue the same, upon pay- dents of the Virgin Islands and citizens of the curate and legible accounting of the nature and ment of the proper fee, and the firearm shall be United States. type of the jobs or work performed, together with registered in the Weapons Register provided for 464. Corporation or partnership applica- the name and address of the customers, a de- in section 469 of this chapter. If the person is not tion for license Where the applicant is a corpo- scription of the firearm. including the serial num- qualified for a license then the Commissioner ration or a partnership, the application shall be ber which accounting shall be available as re- shall retain the firearms or ammunition for dispo- signed and sworn to by the president. the secre- quired by the Commissioner. sition in accordance with the provisions of sec- tary and the treasurer of the corporation or by all 466. Sates of weapons and ammunition tion 475 of this chapter. but no prosecution shall the managing partners of the partnership; and it without licenses prohibited; Sales slips No lie against the person for unlawful possession of shall set forth the name of the corporation or of dealer in firearms or ammunition shall deliver a the firearm or ammunition. the partnership, place and date of the incorpora- firearm to a purchaser without the latter's band- (d) My person who fails to comply with this tion or organization thereof, and the principal ing over to him a license to have and possess a section shall be punished as provided in section place of business. The requirements of subpara- firearm, duly issued in accordance with the pro- 484 of this chapter. graphs (3) and (4) of section 456 of this chapter visions of this chapter, and unless said license 471. Report of loss of firearm Every per-son shall be applied to the president, the secretary. contains an authorization for the purchase of possessing or having under his control a firearm, and the treasurer of the corporation and. in the such firearm, and said dealer shall not sell to and who loses the same or finds that it has proper case, to all partners of the partnership. A such purchaser any other weapon than the one disappeared, shall report the same to the license issued under the provisions of this sec- described on the said license. The dealer in fire- Commissioner within 10 days. following discov- tion shall be valid only for the business estab- arms and ammunition shall separate from such ery of such loss or disappearance. and in the lishments named and described in the license. license and keeps the dealer's coupon. and shall event of his failing to do (so) such person shall Said license may not be transferred to any other retum the license to the purchaser. No weapon be fined no more than $100. business establishment or to any other person shall be sold to the holder of a license from 473. Firearms Register and shall be automatically cancelled upon the which the coupon has been removed. and in no (a) The Commissioner shall establish a Fire- dissolution of the corporation or partnership, or case shall a pistol, revolver, or other firearm be arms Register within the Department and main- the replacement of any of the officers of the cor- delivered to the purchaser thereof until after tain the same in a systematic and orderly man- poration signing the application, or upon the ad- forty-eight (48) hours have elapsed from the ner, so that the names of the persons licensed mission of any new partner in the case of a part- time he applies for his purchase and the same as dealers in firearms. gunsmiths or to carry fire- nership. even though such license may be re- shall be delivered to him unloaded and securely arms in the Virgin Islands as well as the essen- newed as soon as the provisions of subpara- wrapped. tial details concerning the firearms registered. graphs (3) and (4) of section 456 of this chapter No dealer in firearms or ammunition shall sell may be easily found. In connection with the new officer or the new any quantity of ammunition to any person failing (b) Every firearm authorized to be licensed partner are complied with. In these cases the to present a firearm license. under section 454 which is duly licensed after Commissioner may issue a provisional issue for 467. Selling firearms and ammunition with- this chapter takes effect, shall be registered in a term of not more than thirty days while the re- out a license Whoever, without being licensed the Firearms Register provided for in the preced- newel is being processed. in accordance with the provisions of this chapter. ing subsection. If such firearm does not bear a 465. Conditions for dealers' operations; sells, has in his possession with the intent to serial number, or if the same is illegible, a non- Records of transactions My person, to whom sell, exposes for sale, or advertises for sale, any governmental licensee shall have his full name a license has been issued under section 461 of firearm or ammunition, or without being so li- engraved on the butt or the stock of the weapon. this chapter may engage in the business of gun- censed engages in the business of a gunsmith. and shall so set forth in his declaration. The smith or of dealer in firearms and/or ammunition shall be fined a minimum of $5,000 or five (5) Commissioner shall deliver to the declarant a under the following conditions: years imprisonment or both; and a maximum of record of such registration. Page 458 EFTA_R1_00171385 EFTA01810262  (e) The firearms authorized to be had, pos- relics, but for the preservation of any weapon of (b) Any property subject to seizure under sub- sessed, or carried under paragraphs (4) and (5) those included in this section the prior inspection section (a) of this section may be seized by any of subsection (a) of section 453 and under sub- thereof and approval therefor by the Commis- duly authorized officer, as an incident to an ar- paragraph (1) of section 454 of this chapter, sioner shall be necessary and he shall render rest or search and seizure. Any such officer shall also be registered in the Firearms Register such firearms useless, so that the same may not seizing such property under this section shall above provided for. be used as such. The Commissioner shall issue either place the property under seal or remove 474. Death of licensee Upon the death of a a certificate of uselessness of all the weapons the same to a location designated by the Police person leaving in his estate a firearm it shall be possessed under the provisions of this section. Commissioner. Such officer shall, at the time of the duty of his administrator, executor or any and the possession of any firearm not included seizure or as soon as possible thereafter, exe- other person legally authorized to represent the in said certificate shall be subject to all the provi- cute and deliver to the possessor a signed and estate to report to the Commissioner the brand. sions hereof. dated receipt for the item seized. caliber and serial number if any, of the firearm in 479. Discharging or aiming firearms My (e) Upon the seizure of property pursuant to question. Upon such report, or upon information person who, otherwise than in self-defense or in this section, the Attorney General shall be noti- otherwise verified, the Commissioner shall make the discharge of official duty: fied thereof by the U.S. Virgin Islands Police De- the necessary provisions for the custody of said (b) intentionally although without malice aims partment (V.I.P.D.). which Department shall also firearm by an interested party or by its deposit a revolver, pistol or other firearm toward any furnish the name and address of the owner with the Department, pending the settlement of person; or thereof, if known. The Attorney General shall no- the estate. If the firearm is assigned to an heir or (d) causes physical injury to any person by tify the owner by certified mail of the seizure, if distributee who is eligible to obtain a license for the discharge of a firearm while aiming intention- the registered owner is not the person from a firearm, and such license is issued, said fire- ally, although without malice, al any person, whom the item was seized, and the Attorney arm shall be delivered to such heir or distribu- shall be guilty of a felony. General's determination of whether the owner tee. If the heir or distributes is not eligible for a 481. AlteratIon of identifying marks of knew or should have known that the property firearms license, then the firearm shall be dis- weapons prohibited was worn. borne, transported or used without posed of as part of the estate through public or (a) No person shall within the Virgin Islands lawful authority under section 454 of this title. private sale as the District Court of the Virgin Is- change, alter, remove or obliterate the name of 1. If the Attorney General determines that the lands may direct: provided that the firearm may the maker, model, manufacturer's number, or owner neither knew nor should have known of be acquired only by a duly licensed dealer, a other mark or identification on any pistol, ma- the unauthorized use or intended unauthorized person eligible for a license to possess or carry chinegun, or sawed-off shotgun. Possession of use of the property, he shall surrender the prop- firearms in the Virgin Islands, or a nonresident of any pistol. machinegun, or sawed-off shotgun erty upon request to the owner unless he deter- the Virgin Islands in compliance with the laws of upon which any such mark shall have been mines that the property is needed as evidence in the buyer's state. changed. offered, removed, or obliterated shall a pending criminal case, in which event he shall 475. Deposit of firearms in Department of be prima facie evidence that the possessor has return the property upon the final conclusion of Public Safety, disposition changed, altered, removed or obliterated the the case or cases in which the property is (a) All firearms surrendered, seized or same within the Virgin Islands: Provided, how- needed as evidence. confiscated under the provisions of this chapter, ever, that nothing contained in this section shall 2. If the Attorney General determines that the shall be disposed of as provided in this section. apply to any officer or agent of the United States property should be forfeited to the Government, (b) My firearm unlawfully borne, possessed. or the Government of the Virgin Islands engaged he shall petition the Territorial Court in the name transported or carried, is hereby declared a in experimental work. of the Government of the Virgin Islands against public nuisance and when any such weapon or (b) Whoever, unless otherwise authorized by the property as designated by make. model, instrument is seized by the police the same shall law, has, possesses, bears, transports or carries year and serial number or other identifying char- be delivered to the Commissioner. In the cases either, actually or constructively, openly or con- acteristic. The petition shall allege the seizure where criminal actions are filed, the judgment cealed, any firearm, as defined in section 451(d) and set forth in general terms the causes or convicting the defendant shall, in addition to the of this title, loaded or unloaded, with altered or grounds of forfeiture. It shall also pray that the penalties herein prescribed, carry with it the obliterated identification marks, in a public place. property be condemned as forfeited to the Gov- forfeiture in favor of the Government of the a residential area, a vehicle or any place where ernment and disposed of according to law. Virgin Islands of the firearm seized, and it shall persons are gathered shall be imprisoned for not 3. If the owner or owners of the property are be the duty of the court or judge to deliver the less than fifteen (15) years without parole. unknown or cannot be found, notice of the seiz- firearm so forfeited to the Commissioner who 482. Illegal use of license; penalty VVho- ure and intended forfeiture proceedings shall be shall direct the disposition thereof. ever knowingly allows the use of his license, is- made by publication in one or more newspapers (e) Those firearms which are in good sued under this chapter or any prior law of the published in the District in which the action is condition may be preserved by the Virgin Islands, by another person for the pur- brought. The notice shall state the substance Commissioner for governmental uses. pose of obtaining or transporting firearms shall and object of the original petition and give notice (d) The Commissioner shall, whenever he be punished as provided in section 484 of this of the intended forfeiture proceedings. may deem it advisable, and at least once a year, chapter. 4. Within 30 days after service of the notice of destroy and render completely unserviceable the 484. General penalty section My person seizure and intended forfeiture proceedings or firearms delivered to him under the provisions of who violates the provisions of this chapter shall, within 30 days after the date of publication, the this section, except when a codification is except when otherwise specifically provided owner of the property seized may file an answer presented to him from a court, or the United herein, be fined not more than $5,000 or impris- under oath to the petition. States Attorney or the Attorney General to the oned not more than three years or both: pro- 5. The court shall retain custody of the seized effect that the preservation thereof, or of any of vided that if the violation occurs after such per- property pending prosecution of the person ac- them, is necessary or indispensable for the ends son has been convicted in the Virgin Islands of a cused of violating section 454 of this title and in of justice, and except when the Commissioner violation of this chapter, or of a crime of vio- case such person be found guilty, the property himself directs that they, or any of them, be lence. either in the Virgin Islands or in another shall remain in the custody of the court until the retained in any police or detective laboratory to jurisdiction, such person shall be fined not more hearing on the forfeiture is held. The hearing the end that they may be examined, compared, than $10,000 or imprisoned not more than ten shall be scheduled no more than 30 days after identified, or be the object of any other years or both. conviction of the defendant, and reasonable no- experiment tending to discover or prevent crime. 487. Seizure and forfeiture tice shall be given to those parties filing an ans- (e) Before disposing of a firearm, as provided (a) The following Items of property shall be wer to the petition. in this section, the Commissioner shall direct subject to seizure and forfeiture, and, upon for- 6. If no timely answer is filed, the Court shall that the class, make, number and caliber of such feiture. no property right shall exist in them: hear evidence upon the unauthorized use of the firearms be carefully recorded and filed. 1. Any firearm being wom. borne, or trans- property and shall upon satisfactory proof there- 476. Collections of antique firearms; Certif- ported by any person not authorized pursuant to of, order the property forfeited to the Govern- icates of uselessness No provision hereof shall section 454 of this title, and, therefore, in viola- ment of the Virgin Islands. prevent that private collections of antique tion of section 484 of this title. 7. At the scheduled hearing, any owner who firearms. which may not be used as weapons. 2. All ammunition or other pans of or appur- filed a timely answer may show by competent be preserved and maintained and that their own- tenances to any such firearm worn. carried. or evidence that the property was not in fact used ers possess them as ornaments or as matters of transported by such person or found in the im- in violation of section 454 of this title or that he curiosity, nor the collections of firearms kept as mediate vicinity of such firearm. neither knew nor should have known that the Page 459 EFTA_R1_00171386 EFTA01810263 property was being, or was to be so used. Upon the premises. The firearms dealer shall forward be responsible for the safe storage of the fire- the determination that the property was not so said documents to the Firearms Division of the arm. used, the Court shall order that the property be Police Department by the end of the next busi- (b) Any person who owns, possesses. pur- released to the owner. ness day. chases. or acquires a firearm, as that word is 8. If after a full hearing the Court d