Bill Enabling Court Petitions by Relatives and Health Personnel for Firearm Seizure of High-Risk Individuals Held in Committee

Proposed legislation aims to prevent gun violence by empowering family and healthcare workers to act

Senator Diane Capehart's initiative to introduce the "Red Flag" legislation in the USVI encountered an obstacle during its first reading.

The bill, referred to as a "tool for the Police Department," was intended to help prevent gun violence by allowing certain individuals to petition for the temporary confiscation of firearms if a person is considered a threat. However, concerns raised by legislators, the Attorney General, and department commissioners about potential misuse and stigmatization led to Capehart's decision to hold the bill in the Committee of Health, Hospitals, and Human Services for further refinement.

At its core, Bill 35-0187 is a gun violence prevention measure. In the legislation meant to introduce extreme risk protection orders to the territory, senators on Wednesday learnt that a “family or household member, law enforcement officer, healthcare worker, educator or co-worker" could file a court petition to temporarily confiscate a person's licensed firearm and ban their access to guns for one year, if that person is deemed by the court to be a risk to themselves or others.

That description was scrutinized by legislators and testifiers alike, including the Office of the Attorney General, who submitted testimony via letter. In her correspondence, Attorney General Ariel Smith underscored the temporary nature of Extreme Risk Protection Orders. “They cannot be extended without another hearing," she noted. "During a subsequent hearing, an ERPO can only be extended if there is additional evidence the person continues to be a threat to themselves and others."