How to Sell a Gun in the U.S. Virgin Islands?
How to Sell a Gun in the U.S. Virgin Islands?
Buying and selling a firearm in the U.S. Virgin Islands requires knowledge of the strict laws that are in place. Inadvertently breaking the law can happen for the uninformed buyer or seller and can result in expensive fines or lengthy jail time. For those looking to buy or sell a gun in the U.S. Virgin Islands, it’s important to understand the stringent licensing process and regulations surrounding firearm sales in this territory. Dunlap Gun Buyers is providing a accurate guide to help buyers and sellers better understand the laws in place when it comes to firearms transactions within the U.S. Virgin Islands.
The following is compiled from a memorandum from the U.S. Virgin Islands Office of the Attorney General on State Laws and Published Ordinances to the Bureau of Alcohol, Tobacco and Firearms.
What is the Process to Legally Buy and Sell a Firearm in the U.S. Virgin Islands?
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. Anyone buying a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. The purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the licensed firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Purchasing a firearm or ammunition in the Virgin Islands requires a license, and all firearms must be registered with the Virgin Islands Police Department in order to legally own a firearm and ammunition.
What is the Gun Licensing, Permit and Registration Process in the U.S. Virgin Islands?
Obtaining a firearm license in the U.S. Virgin Islands involves a regulated process that includes submitting an application to the local police department, undergoing a background check, and paying associated fees. Prospective gun owners must meet certain criteria to obtain a non-carry weapons license in the Virgin Islands. These include being at least 21 years old, paying a $75 licensing fee, submitting a signed application, undergoing fingerprinting and photography, and demonstrating good moral character.
The Virgin Islands offers six types of licenses, each with specific purposes and restrictions. These include licenses for business protection, home protection and handguns only, farming and long guns only, active law enforcement, current and retired law enforcement, personal protection, and special circumstances, as well as licenses for target shooting, sports use, and home protection.
Section 455. Application for license; form, oath; fees.
(a) Every application for a license to have and possess a firearm shall be made under oath and on forms which the Commissioner shall prepare for such purpose. For the purposes of the enforcement of the provisions of this chapter, the applicant shall furnish all information as may be required of him by the Commissioner.
(b) The initial fee for a license under § 454 of this chapter shall be $75. The license may be renewed every 3 years for a fee of $150.
(c) Upon renewal of a license to have and possess a firearm, the receipt from the U.S. Virgin Islands Police Department (V.I.P.D.) for the renewal fee will serve as a temporary license until the official license can be provided to the licensee by the Commissioner.
(d) The Commissioner shall ensure that the renewal license is presented to the licensee within 45 days of receipt of payment for the renewal fee.
(e) Notwithstanding the provisions of this section, no person shall be charged with possession of an unlicensed firearm if the subject weapon had been previously licensed and said license has expired not more than 90 days prior to arrest; Provided, however, That this subsection shall not apply to persons who possess, bear, transport, carry or have under their control in any vehicle, any firearm during the commission or attempted commission of a crime of violence, as defined in subsection (d) of § 2253, Title 14, Virgin Islands Code.
What are the State Laws on Private Sales of Guns in the U.S. Virgin Islands
According to the ATF memo, no dealer in firearms or ammunition shall deliver a firearm to a purchaser without verifying the buyer’s license to have and possess a firearm. While there are no specific laws regarding a private transaction of a firearm between two individuals, there are penalties for buyers and sellers if a firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge.
Below is the legal text:
Section 466. Sales of weapons and ammunition without licenses prohibited; sales slips.
(a) No dealer in firearms or ammunition shall deliver a firearm to a purchaser without the latter’s handing over to him a license to have and possess a firearm, duly issued in accordance with the provisions of this chapter, and unless said license contains an authorization for the purchase of such firearm, and said dealer shall not sell to such purchaser any other weapon than the one described in said license. The dealer in firearms and ammunition shall separate from such license and keep the dealer’s coupon, and shall return the license to the purchaser. No weapon shall be sold to the holder of a license from which the coupon has been removed, and in no case shall a pistol, revolver, or other firearm be delivered to the purchaser thereof until after 48 hours have elapsed from the time he applies for the purchase and the same shall be delivered to him unloaded and securely wrapped.
(b) No dealer in firearms or ammunition shall sell any quantity of ammunition to any person failing to present a firearm license.
(c) Except in the case of the sale or transfer to another dealer or peace officer, as defined in 5 V.I.C. § 3561, no licensed dealer may transfer or sell ammunition unless:
(1) The transfer is made in person; and
(2) The ammunition to be purchased or transferred is of the same caliber or gauge of the firearm described in the firearms license or registration certificate.
Section 467. Selling firearms and ammunition without a license.
Whoever, without being licensed in accordance with the provisions of this chapter, sells, has in his possession with the intent to sell, exposes for sale, or advertises for sale, any firearm or ammunition, or without being so licensed engages in the business of a gunsmith, shall be fined a minimum of $5,000 or 5 years imprisonment or both; and a maximum of not more than $10,000 or 10 years imprisonment or both.
Section 467a. Importation of firearms without a license.
Except as provided in § 476 of this chapter, whoever, without being licensed in accordance with this chapter, imports, carries, or brings any firearm or ammunition into the Virgin Islands and fails to report to the Commissioner as required by § 470 of this chapter shall be punished by a fine of not less than $50,000 or imprisonment for a minimum of 25 years or both fine.
Restrictions on Gun Ownership in U.S. Virgin Islands
In addition to federal restrictions, there are state law restrictions on the sale of a firearm. Below is the legal text:
Section 456a. Persons ineligible to possess or carry firearms or ammunition.
(a) The following persons are ineligible for a license to possess or carry a firearm or ammunition as provided in this chapter:
(1) a person who has been convicted in any court for a crime punishable by imprisonment for a term exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or addicted to any controlled substance as defined in title 19, § 593(6) of the Virgin Islands Code;
(4) a person who has been adjudicated as a mental defective or who has been committed to a mental institution:
(A) For the purpose of this section the phrase “committed to a mental institution” includes commitment to a mental institution involuntarily, but does not include a person held in a mental institution for observation.
(B) For the purpose of this section, the phrase “mental institution” includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities and other facilities that provide diagnoses by licensed professionals for mental retardation or mental illness, including a psychiatric ward in a public or private hospital.
(5) a person who, being an alien, is illegally or unlawfully in the United States;
(6) a person who has been discharged from the United States Armed Forces under dishonorable conditions;
(7) a person who, having been a citizen of the Unites States, has renounced his citizenship;
(8) a person who is subject to a court order that-
(A) was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
(B) restrains the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(i) includes a finding that the person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) a person who has been convicted in any court of a misdemeanor crime of domestic violence.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
Get the Best Price for Your Gun Without Leaving Home
If the hassle of navigating U.S. Virgin Islands’ gun laws seems overwhelming, we’re excited to tell you that there’s a better way!
You can safely, easily and legally sell your handgun or long gun to Dunlap Gun Buyers and be 100% compliant with U.S. Virgin Islands’ gun laws.
We have a Federal Firearms Licensee, who is licensed by the U.S. Government to help people with selling and transferring firearms. We take care of the hard part and make the process safe, quick and hassle-free. The reality is, you can sell your gun without leaving the house.
Just tell us which gun(s) you’d like to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us. When we receive your gun(s), we get you paid with a check in your hand within a few days.
When you use Dunlap Gun Buyers, you get the following unbeatable benefits!
- Free gun appraisal
- Fair price for your gun
- Free shipping
- Easy shipment tracking throughout the whole process
- Speedy payment!
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. Dunlap Gun Buyers has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 06/20/2023 at www.atf.gov/file/117391/download