Lawmakers oppose 24-hour firearm permit declaration loophole
Published:Friday | June 17, 2022 | 12:10 AM
At least two members of the joint select committee reviewing the Firearms (Prohibition, Restriction and Regulations) Act, 2022 are opposed to the provision allowing for a period of 24 hours for a firearm holder to produce a permit when stopped by the police.
Government Senator Charles Sinclair rejected the provision, which is patterned after the grace period outlined in the Road Traffic Act.
“I am just totally against this section,” he said during a clause-by-clause review of the bill on Thursday.
Sinclair pulled his car key from his pocket, which has attached an ID holder for his driver's licence, to demonstrate the ease with which people can ensure that they have their firearm authorisation on their person.
The newly added provision in Section 47 (3) reads: “Where a person is unable to produce the appropriate firearm authorisation when so required under Subsection 1, but is able to satisfy a constable as to the person's name, address, and identity: (a) the constable shall permit the person to produce the firearm authorisation within 24 hours.”
Section B provides that if the person presents the authorisation, he or she shall not be convicted of an offence under Subsection 2.
“This provision should not even be considered. If you have a firearm and you're going into a public place, you must always be responsible to have your permit with you and to be able to produce it,” Sinclair added.
Chief technical director in the Ministry of National Security, Rohan Richards, said the provision is a “huge loophole” for persons who are not legitimate firearm holders.
“There is nothing here about the firearm being detained or the person being detained until they produce the authorisation. The discussion in the committee, to my recollection, was that there should be allowance for the firearm to be detained by the constable until the authorisation can be produced, but not just the firearm, also the person,” Richards argued.
Further, he said the deadly capacity of firearms placed a heavy burden on licence holders to have their permit in their possession.
In response, National Security Minister Dr Horace Chang said the bill's purpose is to separate criminals from honest and hard-working citizens.
“It must be rigid and sensible, but it must not be burdensome. I agree that if he carries a firearm, he should seek to have his licence, but it can happen in inadvertent movements … ,” Chang said.
“The bad man who is gonna give it up like that and drive away and don't come back for it is not enough to penalise the other licensed citizens,” he added, saying that it would be considered seizure of an illegal firearm, with the police prepared to track down the owner.
Further, Chang said the police could verify the validity of the driver's licence presented through the Smart Check E-Ticketing System.
Chang said the police also have access to the records of the Firearm Licensing Authority through the central command – a process that takes a maximum of 15 minutes.
He said within the next nine months, the police will have direct access to that database.
The chief technical director also expressed concern that only 40 police stations across Jamaica have the facilities to store firearms.
Chang said firearms can be kept at any station for 24 hours and if the owner does not turn up with the licence, it should then be sent to storage at any of the specified stations.