Virgin Islands Allows National Guard To Seize Guns, Ammo Ahead Of Hurricane Irma

[Justin2012]

From what I've read, the U.S. Virgin islands are a territory and governed by a legal instrument called an Organic Act and not subject to the U.S. Constitution. Their version of a constitution is the 1954 Revised Organic Act of the Virgin Islands. It includes a bill of rights.. The Bill of Rights does NOT include an equivalent U.S. 2nd Amendment. There is a government restriction on search and seizure without due process, but this is apparently legally superseded by emergency EO. There were several attempts to draft an actual Constitution, the last being the Fifth Constitutional Convention in 2009 which was approved by the government of the USVI but must be ultimately approved by the US Congress where it failed for a variety of reasons (unrelated to any 2A issue).

Revised Organic Act of 1954...

https://www.doi.gov/sites/doi.gov/fi...icAct_1954.pdf


Fifth Constitutional Convention article

https://en.wikipedia.org/wiki/Fifth_...Virgin_Islands

Wouldn't the Revised Organic Act of 1954 essentially be the equivalent of a state constitution? For Example, there are six states that don't include a right to bear arms in their state constitutions (New York, New Jersey, California, Maryland, Minnesota, and Iowa); but they still must obey the US constitution, and those states still had to abide by the DC vs Heller ruling.

[Statkowski]

For Example, there are six states that don't include a right to bear arms in their state constitutions (New York, New Jersey, California, Maryland, Minnesota, and Iowa); but they still must obey the US constitution, and those states still had to abide by the DC vs Heller ruling.

Yes, but the six states are just that, States. The Virgin Islands is a territory, not a state, and comes under the control of Congress.

[JenniferG]

Even if they were subject to the constraints of the US Constitution they would ignore it like the other states do.

[scruff]

The islands' governor was just on Tucker's show. According to him, they are not seizing guns and ammo from citizens, but that the order allows the authorities to commandeer various materials from commercial suppliers if needed. It's possible that this is one big knee-jerk reaction to a poorly written or incorrectly-interpreted order. It's also possible that the governor is backpedaling like crazy in the face of a huge shitstorm.

[57springer]

The islands' governor was just on Tucker's show. According to him, they are not seizing guns and ammo from citizens, but that the order allows the authorities to commandeer various materials from commercial suppliers if needed. It's possible that this is one big knee-jerk reaction to a poorly written or incorrectly-interpreted order. It's also possible that the governor is backpedaling like crazy in the face of a huge shitstorm.

Saw it as well ......... not sure ?

[Gman106]

The islands' governor was just on Tucker's show. According to him, they are not seizing guns and ammo from citizens, but that the order allows the authorities to commandeer various materials from commercial suppliers if needed. It's possible that this is one big knee-jerk reaction to a poorly written or incorrectly-interpreted order. It's also possible that the governor is backpedaling like crazy in the face of a huge shitstorm.

Pretty hard to misinterpret, "...the Adjutant General is authorized and directed to seize arms, ammunition, explosives...and any other property required by military forces for the performance of this emergency mission..."

http://dailycaller.com/wp-content/up...NATL-GUARD.pdf

[Sgt.K]

Pretty hard to misinterpret, "...the Adjutant General is authorized and directed to seize arms, ammunition, explosives...and any other property required by military forces for the performance of this emergency mission..."

http://dailycaller.com/wp-content/up...NATL-GUARD.pdf

That's kinda my take...

[scruff]

Pretty hard to misinterpret, "...the Adjutant General is authorized and directed to seize arms, ammunition, explosives...and any other property required by military forces for the performance of this emergency mission..."

http://dailycaller.com/wp-content/up...NATL-GUARD.pdf

Here's the referenced section -

§ 1522. Authority of Governor for the attachment of articles and to order the closing of establishments

Whenever the Governor orders part or all of the military forces of the Virgin Islands into Territorial Active Military Service under section 1519 he may, by written order--

(1) Direct the Adjutant General or other appropriate authority to seize arms, ammunition, explosives, incendiary material, and any other property that may be required by the military forces.

(2) Prohibit the sale, exchange, loan or donation, during the emergency of arms, ammunition, explosives, gasoline, incendiary material or alcoholic beverages, and the closing of any establishment in which any such property is found.

(3) Declare a curfew, during such periods and with respect to such areas and persons as in his discretion the public safety requires.

(4) Any other powers authorized by law.

Upon termination of the emergency, compensation shall be paid by the Government of the Virgin Islands for the loss, damage, or destruction of any private property taken for Government purposes during the emergency.

That seems to fit with the governor's explanation, allowing the military to commandeer materials if needed, not going door-to-door confiscating guns and ammo for the citizens' "safety". I hardly think junior's .22LR or dad's LCP would be "required by the military forces". And he didn't invoke item (2), prohibiting the sale, exchange, loan, or donation of guns & ammo. If this was a civilian gun-grab, you'd think he would have.

No, unless I see evidence that they actually confiscated citizens' guns, I'm going to assume that he was telling the truth.

[Justin2012]

Here's the referenced section -

§ 1522. Authority of Governor for the attachment of articles and to order the closing of establishments

Whenever the Governor orders part or all of the military forces of the Virgin Islands into Territorial Active Military Service under section 1519 he may, by written order--

(1) Direct the Adjutant General or other appropriate authority to seize arms, ammunition, explosives, incendiary material, and any other property that may be required by the military forces.

(2) Prohibit the sale, exchange, loan or donation, during the emergency of arms, ammunition, explosives, gasoline, incendiary material or alcoholic beverages, and the closing of any establishment in which any such property is found.

(3) Declare a curfew, during such periods and with respect to such areas and persons as in his discretion the public safety requires.

(4) Any other powers authorized by law.

Upon termination of the emergency, compensation shall be paid by the Government of the Virgin Islands for the loss, damage, or destruction of any private property taken for Government purposes during the emergency.

That seems to fit with the governor's explanation, allowing the military to commandeer materials if needed, not going door-to-door confiscating guns and ammo for the citizens' "safety". I hardly think junior's .22LR or dad's LCP would be "required by the military forces". And he didn't invoke item (2), prohibiting the sale, exchange, loan, or donation of guns & ammo. If this was a civilian gun-grab, you'd think he would have.

No, unless I see evidence that they actually confiscated citizens' guns, I'm going to assume that he was telling the truth.

Yeah, I'm willing to give him the benefit of the doubt until I see otherwise. It makes sense that the military may need to commandeer heavy equipment and supplies from local stores like bulldozers, generators, etc...

[scruff]

Virgin Islands, population 103,000. Was even one gun or a single round of ammo confiscated, before or after Irma?