DOJ Files Motion: U.S. Virgin Island’s Mag Ban ‘Glaringly Unconstitutional’

On Wednesday President Donald Trump’s DOJ filed a motion for a preliminary injunction claiming the U.S. Virgin Island’s magazine ban is “glaringly unconstitutional.”

The motion is filed in the District Court of the Virgin Islands Division of St. Thomas and St. John.

In the motion, the DOJ referenced the U.S. Court of Appeals for the Third Circuit’s ruling that found New Jersey’s “assault weapons” and “large capacity” magazine ban unconstitutional: “Last week, in Association of New Jersey Rifle & Pistol Clubs, Inc. v. Attorney General New Jersey (ANJRPC)…the court held: (1) A ban on semi-automatic rifles, including AR-15-style rifles, is unconstitutional; and (2) A ban on so-called large capacity magazines (LCM) is unconstitutional.”

The DOJ then noted:

On June 24, 2026, U.S. Virgin Islands Governor, Albert Bryan Jr., signed into law Act 9113 (Act 9113). Act 9113 contains two provisions that are glaringly unconstitutional in light of ANJRPC. Virgin Islands Police Department’s ongoing enforcement of Act 9113 must be enjoined immediately to avoid the Act’s unconstitutional impacts.

They again pointed to the Third Circuit ruling, saying, “Act 9113 bans possession, receipt, purchase, sale, import, or transfer of magazines that can hold more than 15 rounds. … Nothing more need be said. ANJRPC squarely holds that this is unconstitutional.”

In conclusion, the DOJ asked that “the Court issue a preliminary injunction prohibiting Defendants from: (1) enforcing any prohibition on possession, receipt,
purchase, sale, import, or transfer of magazines that hold 30 or fewer rounds.”

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and the director of global marketing for Lone Star Hunts. He holds a PhD in Military History with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. He enjoys reading Philosophy and novels by Jack Carr and Nelson DeMille. He is a lever action man in an AR-15 world. Follow him on X: @awrhawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.