Persons Caught With Assault Rifles To Face Harsher Sentences, No Chance Of Parole If Sanes-Sponsored Measure Becomes Law

ST. CROIX — As gun crimes continued to rock the territory — two men were shot on Monday afternoon and two more people in the wee hours of Tuesday morning here — members of the 31st Legislature who make up the Committee on Rules and Judiciary, chaired by Senator Kenneth Gittens, gathered at the Earl B. Ottley Legislative Hall on Monday for a hearing that saw a measure sponsored by Senator Sammuel Sanes, bill no. 31-0027, winning the committee’s approval and forwarded to the full body for its ratification.

If approved, the bill would amend VI Code to eliminate the possibility of parole for anyone caught with an assault rifle, and would also change the definition of an assault rifle to place it in the same category with machine guns and sawed-off shotguns. The measure would prohibit reduced sentences and probation as well.

And it saw universal support.

“There needs to be better strategies to keep these guns from coming to the territory and off our streets,” said Senator Novelle Francis, who reminded senators that the bill had been “thoroughly vetted” in the Committee on Homeland Security, Public Safety and Justice, which he chairs. He added that the bill is a necessary measure that gives “teeth and clarity to the judicial system.”

During the Homeland Security and Public Safety Committee hearing held in November, representatives from the Virgin Islands Police Department, Public Defender’s Office and Attorney General’s Office provided testimony on the measure, according to a Senate press release. Sgt. Mark Corneiro read a prepared statement from Police Commissioner Delroy Richards into the record. According to the statement, there is a lot of confusion between military rifles and those designed for civilian ownership, especially because of the language often used to describe assault rifles.

Acting Attorney General Claude Walker said the bill simply defines a particular class of weapon, the assault rifle, and then strengthens the penalty for the unlicensed possession of it. Mr. Walker said he believes that anyone possessing a rifle capable of rapid semi-automatic fire, without having it properly licensed, has only one purpose in mind — to make themselves and the weapon a menace to society. Mr. Walker added that his office supports the bill and suggested minor changes, according to the release.

But Samuel Joseph, chief public defender, said he held concerns that stemmed from the proposed removal of discretion allowed by the statute.

“If the purpose of the proposed bill is to curb gun violence, removing discretion to help individuals who have not been engaged in gun violence is not the answer,” he contended.

At yesterday’s hearing, however, the measure saw no opposition.

“I also want to say that rifles and these automatic weapons continue to be the weapons of choice because of their ability to fire multiple shots. And it’s not just here in the Virgin Islands; we’re seeing this globally,” Mr. Francis went on. The first-term Democrat added that the measure would address some of the problems, “but I’d like to see that we continue to work on this measure to further strengthen our ability, not only to address those individuals that are found in possession of the firearm, but also these individuals that seek to continue to foster the sale and possession of these firearms and the importation of them here in our territory.”

Senator Jean Forde called the measure “very timely,” because it seeks to address a serious issue. And the bill’s sponsor, Mr. Sanes, said it could be used as a tool to assist law enforcement officers in their quest to protect residents.

The committee favorably forwarded eight other bills to the full body, including one sponsored by freshman Senator Kurt Vialet that adds amendments to the territory’s truancy laws in an effort to keep students off the streets during school hours.

Senators also voted in favor of a measure sponsored by Mr. Gittens that aims to remove anonymity from the  Senate’s preemption rule, which blocks a senator’s bill from coming to the  floor because another senator (who remains anonymous), sponsored a similar measure with the intent of preventing any alike legislation from being heard.

A bill sponsored by Senator Neville James would reduce the Casino Control Commission’s board from five to three members. The measure, if passed by the full body, would also make it easier for the commission to make quorum by reducing from three to two the amount of members needed to do so. The committee also forwarded another James-sponsored bill that appropriates $35,000 from the Casino Revenue Fund to match a USDA grant that will support farm-to-school education training.

A resolution to honor Irvin “Brownie” Brown for his over 50 years of broadcast won the committee’s’ support as well. And a bill sponsored by Senator Justin Harrigan, Sr., that mandates that businesses post prominently their occupancy levels, which would be determined by the VI Fire Service’s director, moved ahead to the full body.