Smuggler business persons warned: You’re gunning for trouble
Published:Wednesday | March 30, 2022 | 12:12 AM
Businesspersons linked to gunrunning could be slapped with massive fines by the court according to a provision in the Firearms (Prohibition, Restriction and Regulation) Act, 2022.
A joint select committee reviewing the far-reaching proposed law on Tuesday highlighted that a court may look at a number of factors in determining the fine to be imposed on persons who commit an offence under the law.
According to the bill, a court, in determining a fine, may consider the nature of the business, the size of the business concerned, including the level of profit or total revenue generated.
Other factors the court may consider are the nature of the offence committed and whether it was carried out for the benefit of a criminal organisation or was done for profit.
Commenting on the provision, Minister of Legal and Constitutional Affairs Marlene Malahoo Forte gave a terse warning: “If you choose to do gunrunning and you make big profit, be prepared to lose everything.”
For the offence of trafficking in firearms or ammunition, a person found guilty in a circuit court shall be sentenced to life in prison. The bill notes that notwithstanding the provisions of the Parole Act concerning the time within which an offender shall be eligible for parole, the court shall specify a term of imprisonment of not less than 15 years.
Additionally, a person charged with possession with intent to traffic firearms could also face life imprisonment if convicted in a circuit court.
During its deliberations on the bill on Tuesday, the committee agreed that it had to redraft Section 34, which proposed to fine an importer of a firearm that does not bear the required mark. This provision deals with legitimate importers of firearms.
A person who breaches this section of the law could be fined a sum not exceeding $5 million if convicted in a parish court. The offender could also serve jail time of a maximum of five years.
However, committee chairman and Minister of National Security Dr Horace Chang said he was uncomfortable with penalising an importer, who may not know whether the firearm being imported has the required mark.
Other committee members acquiesced and the technical team was asked to review the provision.
Meanwhile, the committee plans to change gears on Thursday when it will invite presentations from the Jamaica Defence Force, the Jamaica Rifle Association, and Jamaica Customs Limited.
It is estimated that 85 per cent of the murders recorded annually in Jamaica (a murder rate of 46.5 per 100,000) are attributed to the gun.
Data from law enforcement indicate that most gun-related crimes are committed using guns that are trafficked, manufactured or diverted.
The current bill being reviewed is seeking to establish a framework, dealing with firearms that are trafficked, manufactured or diverted, that is distinct from guns that are duly registered by the Firearm Licensing Authority.
The bill will also repeal the Firearms Act, 1976, replacing it with appropriate legislative provisions.