When people talk about the Second Amendment, they usually picture a debate playing out in a state legislature or a federal court somewhere on the mainland. This week, that familiar argument landed in a place many Americans rarely think about in constitutional terms: the U.S. Virgin Islands.
On Wednesday, President Donald Trump’s Department of Justice asked a federal judge to temporarily block a newly enacted U.S. Virgin Islands law that bans magazines holding more than 15 rounds. In everyday terms, the DOJ is telling the court: stop enforcement now, because the law likely violates the Second Amendment.
That request matters not just for Virgin Islands residents, but for a bigger question that comes up again and again: how do constitutional rights work in U.S. territories?
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What the law does
On June 24, 2026, U.S. Virgin Islands Governor Albert Bryan Jr. signed Act 9113 into law. One of its provisions bars people from possessing, receiving, purchasing, selling, importing, or transferring magazines that hold more than 15 rounds.
The DOJ’s motion targets immediate enforcement by the Virgin Islands Police Department and argues that the restriction cannot stand under controlling precedent in the federal appellate circuit that includes the Virgin Islands.
What the DOJ asked the court to do
The DOJ filed a motion for a preliminary injunction in the District Court of the Virgin Islands (Division of St. Thomas and St. John). A preliminary injunction is a temporary court order issued at the beginning of a case, designed to prevent harm while the litigation continues.
In other words, this is not the final decision on the merits. It is a request for a pause button.
The DOJ’s filing calls the challenged provisions “glaringly unconstitutional” and argues that the Virgin Islands Police Department’s “ongoing enforcement of Act 9113 must be enjoined immediately to avoid the Act’s unconstitutional impacts.”
Notably, the DOJ asked the court to prohibit enforcement of “any prohibition on possession, receipt, purchase, sale, import, or transfer of magazines that hold 30 or fewer rounds.”
The appeals ruling in the background
The DOJ’s argument leans heavily on a recent decision from the U.S. Court of Appeals for the Third Circuit, Association of New Jersey Rifle & Pistol Clubs, Inc. v. Attorney General New Jersey (ANJRPC).
In that case, the Third Circuit held two things the DOJ considers directly relevant here:
- a ban on certain semi-automatic rifles, including AR-15-style rifles, is unconstitutional; and
- a ban on so-called large capacity magazines is unconstitutional.
The DOJ’s point is simple: because the Virgin Islands sit within the Third Circuit, a new territory-wide magazine ban is not happening in a legal vacuum. The appellate court has already weighed in on this kind of policy, and lower courts generally must follow that guidance.
Why this is also a territories story
For readers who do not live in a territory, it can be surprising to learn that constitutional rights and territorial law sometimes collide in unusual ways. Territories are part of the United States, but they are not states, and Congress plays a larger role in structuring their governments.
Still, when a federal constitutional right applies, territorial governments do not get a free pass to regulate that right however they like. The Second Amendment, like other provisions in the Bill of Rights, constrains government power.
So while Act 9113 is a local law, its legal fate will be measured against federal constitutional standards, in a federal court, applying federal appellate precedent.
What an injunction would change
If the judge grants the preliminary injunction, enforcement of the challenged magazine restrictions would be suspended while the case proceeds. That typically means:
- law enforcement agencies are barred from enforcing the enjoined provisions, and
- residents and visitors are not subject to prosecution under those specific restrictions while the order is in place.
That is why injunction fights can feel urgent. Even a temporary ruling can shape day-to-day reality for months.
What happens next
Procedurally, a few things tend to follow once an injunction motion is filed:
- The territory responds. The Virgin Islands government can argue that the law is constitutional, that the DOJ is reading precedent too broadly, or that an injunction is not warranted.
- The court weighs the injunction factors. Judges typically consider the likelihood of success on the merits, the risk of irreparable harm, the balance of equities, and the public interest.
- The merits continue. Even if the court pauses enforcement now, the underlying lawsuit keeps moving. A final decision could come later, and appeals are always possible.
For residents, the key practical question is whether the law is enforceable during the lawsuit. For the rest of us, the bigger civic lesson is that constitutional litigation often happens in stages, and early-stage rulings can be significant even when they are not “the end.”
What this could mean elsewhere
Territories do not all sit in the same federal appellate circuits, and local laws differ widely. Still, when the DOJ takes a public position that a territory’s gun regulation violates the Second Amendment, it sends a signal.
At minimum, it suggests that:
- federal enforcement priorities can extend to territorial laws, not just state laws, and
- appellate Second Amendment precedent may be used aggressively to challenge magazine limits and related restrictions.
It also underscores a practical reality of U.S. law: people often assume the rules are uniform across the whole country, when in reality, the details vary a lot by jurisdiction. Federal constitutional baselines may be shared, but local regulation and local enforcement can look very different until a court draws a clear line.
Quick FAQ
Is the Virgin Islands magazine ban gone now?
No. The DOJ has asked for a preliminary injunction, which is a request. The judge must decide whether to grant it. Until then, the law remains on the books.
Why does a New Jersey case matter in the Virgin Islands?
Because the Virgin Islands are within the Third Circuit’s jurisdiction for federal appellate purposes. When the Third Circuit issues binding constitutional interpretations, district courts within that circuit generally must follow them.
Does this decide the Second Amendment question for all territories?
Not automatically. Different territories may fall under different circuits, and the Supreme Court is the only court that can definitively settle a national rule. But a strong appellate precedent, plus DOJ backing, can shape how quickly similar laws are challenged or rewritten.