context: Prior to Ubiles, one Superior Court judge observed that "[rjead together, the plain language of the statutes [23 V.I.C. SSSS 488 and 14 V.I.C. SS 2253(a)] suggests a legislative intent to make the mere carrying of a firearm illegal." Likewise, after Ubiles and before Lewis, several Superior Court judges have recognized the potential implications of section 488.
citation_a.signal: see
citation_a.identifier: 54 V.I. 161, at 166
citation_a.parenthetical: "[I]n the Virgin Islands when investigating crimes involving firearms, the authority of law enforcement officers to conduct a limited search of a suspect is governed by V.I. CODE Ann. tit. 23, SS 488."
citation_a.sentence: See, e.g., People v. Matthew, 55 V.I. 380, 393 (V.I. Super. Ct. 2011) (“The language under 23 V.I.C. § 488 is clear concerning an officer[’s] encounter with someone who has a firearm. Prior to arrest, and in the absence of evidence supporting probable cause that other criminal activity is afoot, the police must inquire of the person as to whether he has a license to possess a firearm.”); People v. Fredericks, 54 V.I. 161 at 166 (V.I. Super. Ct. 2011) (“[I]n the Virgin Islands when investigating crimes involving firearms, the authority of law enforcement officers to conduct a limited search of a suspect is governed by V.I. CODE Ann. tit. 23, § 488.”); People v. Samuel, Super. Ct. Nos. 556/2009, 557/2009 (STX), 2010 V.I. LEXIS 80, at *17 (V.I. Super. Ct. Nov. 12, 2010) (noting that “Virgin Islands law expressly authorizes law enforcement officers to investigate a person’s possession of a firearm” and holding that “Section 488 plainly lays out the procedures of an officer[’s] encounter with someone who has a firearm.”). The Third Circuit, however, never cited or discussed section 488 or these Superior Court decisions in either Ubiles or Lewis. Significantly, section 488 contains virtually identical language to the former article 27, section 36D of the Maryland Code, and Maryland appellate courts have held that this statute permits a search of any individual suspected of possessing a concealed gun, without also requiring reasonable suspicion that the gun is not licensed.
citation_b.signal: see also
citation_b.identifier: 572 A.2d 1086, 1087-88
citation_b.parenthetical: holding "stop and frisk" of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements
citation_b.sentence: See Allen v. State, 85 Md. App. 657, 584 A.2d 1279, 1284-85 (Md. Ct. App. 1991) (permitting search under article 27, section 36D despite officer’s lack of knowledge, and failure to ask questions calculated to determine, whether defendant was licensed to carry a gun); see also Quince v. State, 319 Md. 430, 572 A.2d 1086, 1087-88 (Md. 1990) (holding “stop and frisk” of individual who police were told was carrying a firearm was permissible, even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements).