U.S. Virgin Islands

The U.S. Virgin Islands’ (USVI) Extreme Risk Protection Order (ERPO) Law allows certain petitioners to ask the courts to temporarily prohibit individuals who pose a significant danger of causing personal injury to themselves or others from possessing or purchasing firearms or ammunition.¹

Who can petition for an ERPO?² In the USVI, the following individuals may petition for an ERPO:

1. law enforcement officers or agencies (including police officers, probation officers, parole officers, correction officers, wardens, prison guards, or marshals),
2. family or household members (including individuals related by blood, marriage, or adoption; those who have a child in common with the respondent; individuals who have resided with the respondent in the past six months; domestic partners; stepparents, stepchildren, grandparents, grandchildren; and legal guardians),
3. community members (defined as licensed health care professionals, behavioral health professionals, or educators who have had a direct professional relationship with the respondent or their child within six months before requesting the order),
4. licensed healthcare professionals (including school nurses, primary care providers, psychiatrists, and licensed emergency room medical care providers), and
5. behavioral health professional (such as psychiatrists, psychologists, licensed social workers, marriage and family therapists, counselors, and addiction specialists).¹

A petitioner must provide detailed allegations based on personal knowledge demonstrating that the respondent poses a significant risk of causing harm by possessing or obtaining firearms or ammunition. If the petitioner is a law enforcement officer or agency, they must also file an affidavit for a search warrant to locate and seize any firearms in the respondent’s possession.

The law includes protections for the disclosure of health records when an ERPO petition is filed for a licensed health care professional or behavioral health professional, who may disclose protected health information about the respondent only as necessary for a full investigation and resolution of the ERPO petition. The court is required to return or destroy all copies of the disclosed protected health information at the conclusion of the ERPO litigation.

What are the types of ERPOs in the USVI? There are two types of ERPOs. A temporary ERPO⁴ is ruled on within 24 hours of a petition being filed, may be reviewed in person or by telephone by the judicial officer, and is valid for up to 14 days. The court may hold telephonic hearings to accommodate disabilities or protect the petitioner from harm. Before the full hearing, the respondent must receive a copy of the telephonic hearing and be allowed to present evidence. At the hearing, the court must determine by a preponderance of the evidence that the respondent poses a significant risk of causing personal injury to self or others in the near future by having in the respondent’s custody or control a firearm or by purchasing, possessing, or receiving a firearm. A final hearing must be held no later than 14 days after the temporary order is issued.

A final ERPO⁵ is issued after a full hearing where both the petitioner and respondent may present evidence, and the ERPO is valid for up to one year but may be extended or terminated early. At the hearing, the court must find clear and convincing evidence that the respondent poses a significant danger of causing a personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition. Upon filing, the court must appoint an attorney for the respondent, though the respondent may hire their own lawyer at their own expense.⁶ If the respondent is a veteran facing criminal charges related to the ERPO, the judge must refer the case to a veterans’ court if available.⁷

What are the factors considered by the court?⁸ When determining whether to issue an ERPO, the court may consider any relevant evidence, including but not limited to recent acts or credible threats of violence, with or without firearms; a pattern of violent behavior within the past year; violations of harassment or restraining orders under USVI law; prior ERPOS issued against the respondent and any violations of such orders; criminal convictions related to domestic violence or weapons offenses; access to or intent to acquire firearms; threats of or reckless use of a firearm; history of stalking or physical violence; prior arrests for crimes involving weapons or violence; substance abuse or addiction issues; employment requirements for firearm possession; recent acquisition of firearms or ammunition; family and community member concerns; and sworn witness testimony.

The court may also order a mental health evaluation, chemical dependency assessment, or emergency commitment if necessary.

What happens after an ERPO is entered? Upon issuing an ERPO, the court must set a new hearing within three business days to verify that the respondent has surrendered their firearms and ammunition. Law enforcement may request a search warrant if there is probable cause to believe the respondent has not surrendered all firearms and must notify family or household members before firearms are returned to the respondent.⁹ Law enforcement must also enter all ERPOs into the National Crime Information Center (NCIC) database within 24 hours. If an ERPO is vacated before its expiration, the court must immediately notify the Virgin Islands Police Department, which will remove it from law enforcement databases.¹⁰

How are stakeholders educated about the process? The Office of the Administrator of Courts is responsible for developing and distributing ERPO petitions, risk protection order forms, and informational brochures. The office is also responsible for preparing materials in multiple languages to serve non-English-speaking and limited-English-speaking populations, as well as consulting gun violence prevention groups, judges, law enforcement, and the Department of Health to ensure best practices. It must also make educational resources that are based on best practices and available online to the public.¹¹

What are the legal and procedural safeguards? The USVI’s ERPO law includes multiple due process protections to ensure fairness, including judicial review of all ERPO petitions; notice to the respondent and an opportunity to participate in hearings; evidentiary requirements, including specific legal standards for issuing an ERPO; and legal representation for respondents, with a court-appointed attorney provided at no cost unless they choose to hire their own lawyer.