Persons ineligible to possess or carry firearms or ammunition

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  • (a) The following persons are ineligible for a license to possess or carry a firearm or ammunition as provided in this chapter:

    • (1) a person who has been convicted in any court for a crime punishable by imprisonment for a term exceeding one year;

    • (2) a person who is a fugitive from justice;

    • (3) a person who is an unlawful user of or addicted to any controlled substance as defined in title 19, section 593(6) of the Virgin Islands Code;

    • (4) a person who has been adjudicated as a mental defective or who has been committed to a mental institution:

      • (A) For the purpose of this section the phrase “committed to a mental institution” includes commitment to a mental institution involuntarily, but does not include a person held in a mental institution for observation.

      • (B) For the purpose of this section, the phrase “mental institution” includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities and other facilities that provide diagnoses by licensed professionals for mental retardation or mental illness, including a psychiatric ward in a public or private hospital.

    • (5) a person who, being an alien, is illegally or unlawfully in the United States;

    • (6) a person who has been discharged from the United States Armed Forces under dishonorable conditions;

    • (7) a person who, having been a citizen of the Unites States, has renounced his citizenship;

    • (8) a person who is subject to a court order that-

      • (A) was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

      • (B) restrains the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

      • (C)

        • (i) includes a finding that the person represents a credible threat to the physical safety of such intimate partner or child; or

        • (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

    • (9) a person who has been convicted in any court of a misdemeanor crime of domestic violence.


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