How about knocking off all the pandering rhetoric and challenge them with a “Quo Warranto” and Petition for Injunction?
The National Rifle Association on Tuesday announced its strong opposition to the order signed by U.S. Virgin Islands Governor Kenneth Mapp allowing the government to seize personal firearms and ammunition ahead of Hurricane Irma. The NRA is prepared to engage the legal system to halt the unconstitutional order.
A careful reading of section 1522 indicates that it is directed toward commercial activities (the closing of establishments). “to seize arms, ammunition, explosives, incendiary material, and any other property that may be required by the military forces.” (obviously a seizure relative to commercial activities, gun stores, etc.).
“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.” (again, reference to “establishment(s)” ergo commerce).
Nothing in that section appears to be intended to be applied to non-commercial entities.
23 V.I.C. § 1522 (Copy w/ Cite)
23 V.I.C. § 1522
Virgin Islands Code Annotated
Copyright © 2017 Office of the Code Revisor, Legislature of the Virgin Islands
All rights reserved.
*** Statutes current through Act 7981 of the 31st Legislature, including all code changes through March 2, 2017 ***
TITLE TWENTY-THREE Internal Security and Public Order
Chapter 19. National Guard
Subchapter I. General Provisions
23 V.I.C. § 1522 (2017)
§ 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.
HISTORY: –Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 558. (emphasis added)