With no explanation, chose the best option from "A", "B", "C" or "D". in which a miscarriage' of justice would otherwise result” (internal quotation omitted)). 1 23 V.I.C. § 160: Reciprocal Recognition of Out-of-State Licenses Section 460 states, in pertinent part, that the Virgin Islands shall recognize a firearms license validly issued by another state or territory and “shall allow the [licensee] to exercise all of the privileges in connection therewith.” 23 V.I.C. § 460. Courts have characterized this provision as a “statutory exception to the firearm license requirement” and acknowledged, albeit implicitly, that it provides an affirmative defense to a charge for unauthorized possession of a firearm. See United States v. McKie, 112 F.3d 626, 631 (3d Cir.1997); Toussaint v. Gov’t of the Virgin Islands, 301 F.Supp.2d 420, 423-24 (D.Vi.2004) (<HOLDING>). To be entitled to an instruction on an

A: recognizing laches as an affirmative defense
B: holding that the running of the statute of limitations is an affirmative defense
C: holding that fair use is an affirmative defense
D: holding that  460 is an affirmative defense to  2253a
D.