IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS 
DIVISION OFST, CROIX 
PEOPLE OF THE VIRGIN ISLANDS, 
SX·IJ-CR·061 
PLAINTIFF, 
v. 
CHARGES: 
UNAUTHORIZED 
POSSESSION 
OF 
A 
FIREARM 
.14.v.l.c.~ 125)(0) 
POSSESSION OF AMMUNITION 
14 V.I.C. § 2256(0) 
FAILURE 
TO 
REPORT 
FIREARMS 
OBTAINED OUTSIDE OR BROUGHT INTO 
THE VIRGIN ISLANDS 
23 V.I.C. § 470(0) 
CARRYING OR USING A DANGEROUS 
WEAPON 
14 V.I.C. § 2251(a)(l) 
POSSESSiON 
OF 
A 
CONTROLLED 
KAHEEM ROBERTS, 
SUBSTANCE 
WITH 
INTENT 
TO 
DEFENDANT. 
DISTRIBUTE 
19 V.I.C. § 607(0) 
MEMORANDUM OPINION 
Tms MATTER came before the Court on Defendant Kahecm Roberts' (hereinafter 
··Defendant") Motion 10 Dismiss Count IV of the Infonnation. The People have filed a response. 
For the reasons set forth, the Court shall grant Defendant's Motion. 
Defendant argues that Count IV must be dismissed because, &lthough the information 
&lIeges that a firearm was found in Defendant's vehicle, the People have not &lleged the 
essenti&l facts nc:<:eSSar)l to charge Defendant with Canying or Using a Dangerous Weapon 
under Title 14, Section 2251(0)(1) of the Virgin Islands Code. The People responded by first 
arguing that Scctionllil(a)(l) describes speeifie types of dangerous weapons but also includes 
'e.pk It. KM.- R.bDU 
SX·13.c1W61 
MEMORANDUM OPINION 
P ... 2 
"or device" in their desaiption. The People's second argument is that case law and other pans 
of the Virgin Islands Code desaibe a "fireann" as a dangerous w<;apon. 
"[Wlhen the statutory language is plain and unambiguous, no limher interpretation is 
roquirecl." People v. Baxter, 49 V.I. 384, 388 (V.1. 2008) (citing Robinson v. Shell Oil Co., SI9 
.u.s. 337, 3<40 (1·991». Sectioc 2251(.)(1-) <eads .. follows: 
Whoever - bas possesses, bears, transports, canies or has under his proximate control any 
instrument or weapon of the kind commonly known as a blackjack, billy, sandclub, metal 
knuckles, bludgeon, switchblade knife or gravity knife or electric weapon. .. 
Subsection (b) of Section 22S1 further defines the terms in subsection (a). Under 
subsection (b) "electronic weapon or device" (emphasis added) is defined as, 
any device which, through application or use of electric current, including battery 
operated devices, is designed, redesigned, used, or intended to be used Cor offensive or 
defensive purposes, the desb'Uction oClire, or the infliction of injwy. 
The plain reading of Section 22SI(aXI) in conjunction with Section 22S I (b) indicates 
that thelegislaturc intentionally left fireanns out of the class of weapons descnbed in Section 
2251(aXl). In Connor v. People, 2013 WL 3421061 at °2 (V.I. 2013), the Supreme Court read 
Section 2251(a)(l) as punishing the mere possession of a certain class of weapons. Because a 
fireann is not included in the class of weapons desaibed in Section 225 I (a)(I), the Court finds 
that the facts alleged by the People do not support the charge of Carrying or Using a Dangerous 
Weapon. Therefore it is: 
ORDERED that Defendant's Motion to Dismiss Count IV is GRANTED. 
"'l~ 
DONE and 10 ORDERED this _1_,,"_ day of February 2014. 
• '.,,,,Kd ... ~ 
SX-1J.CR..u1 
MEMORANDUM OPINION' 
.. ,., 
=z~£~ 
Har.idWWiIiOdu 
Admlnlstrad •• Judge .Ub. Superior Court