By Jasper Ward and Sarah N. Lynch
WASHINGTON, Dec 16 (Reuters) – The U.S. Justice Department on Tuesday sued the Virgin Islands Police Department for what it described as “unconstitutional practices” that resulted in denials of gun permits, in what marked its first major case since creating a new specialized gun rights unit.
The lawsuit, filed by the Civil Rights Division, alleges that the police department dragged its feet in approving gun permit applications, and also imposed “unreasonable” conditions before issuing licenses such as requiring people to install bolted-in gun safes.
In December, Reuters reported that the Civil Rights Division was launching a new section that will solely focus on Second Amendment gun rights, a departure from the division’s historic mission. President Donald Trump previously directed Attorney General Pam Bondi to comb the U.S. government to “assess any ongoing infringements” of gun rights.
Congress authorized the Justice Department’s Civil Rights Division in 1994 to pursue “pattern or practice” investigations into systemic constitutional abuses as a response to the police beating of Rodney King. Until now, that statute has been largely used to pursue investigations into patterns of discrimination, use of excessive force or sexual misconduct by police departments and detention facilities.
Creation of the Second Amendment section has alarmed former division employees as well as gun control advocates, who say it strays from the division’s mission.
Gun rights are one of the more divisive issues in the U.S. Gun rights advocates note the constitutional protection for gun ownership, while gun control advocates cite the high U.S. level of firearms violence as a sign tighter restrictions are needed.
In its lawsuit against the Virgin Islands Police Department and Police Commissioner Mario Brooks, the Justice Department said the American territory is defying a precedent set by a 2022 Supreme Court ruling on Second Amendment protections.
This is the second civil rights case the division has brought concerning gun rights. Earlier this year, the division launched a pattern or practice investigation into whether the Los Angeles County Sheriff’s Department was taking too long to issue permits to carry concealed handguns. In September, it filed a lawsuit against the county over the issue.
A spokesman for the Virgin Islands Governor Albert Bryan, Jr. said the government is aware of the lawsuit and takes the allegations seriously.
“The Virgin Islands Department of Justice is reviewing the filing in coordination with the Virgin Islands Police Department. The Bryan-Roach Administration is committed to protecting constitutional rights while maintaining public safety, and we will address the allegations through the legal process,” the spokesman said.
(Reporting by Jasper Ward and Sarah N. Lynch in Washington; Editing by David Gregorio)
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