Firearms Act to Be Amended

The Government is to amend the Firearms (Prohibition, Restriction and Regulation) Act, 2022.

Minister of National Security and Deputy Prime Minister, Hon. Dr. Horace Chang, made the disclosure during a statement to the House of Representatives on Tuesday (November 21).

The Act represents the most significant advancement made by the Government to tackle the scourge of crime and gun-related violence in the society.

Dr. Chang explained that the recently enacted Act creates a regime that prohibits weapons (certain firearms and ammunition) and activities relating to prohibited weapons and strengthens the penalties for offences relating to prohibited weapons and prohibited activities.

He noted that this is distinct from the regime for the treatment of firearms and ammunition that may be licensed and the activities in relation to these weapons under the regulatory framework.

“The Act introduces mandatory minimum sentences that are appropriately dissuasive and commensurate for the type of offence committed, particularly with respect to prohibited weapons. These sentences were welcomed by the public, which recognised the possession of prohibited weapons as the foundation on which other heinous and violent crimes are committed,” Dr. Chang said.

The Minister informed that over the past year, the Act has been tested in the Courts and some anomalies have been identified in the legislation by the Office of the Director of Public Prosecutions (ODPP).

Dr. Chang said these anomalies were evident following the recent judgement in the matter of Rex v. Atlee Murray, which led to a press release by the ODPP providing clarity on the sentence passed under the Act for the offences of ‘Possession of Prohibited Weapon’ and ‘Unauthorised Possession of Ammunition’, in the referenced matter.

“The ODPP has further signalled that Office’s intention to appeal the judgement of the Court. Following the press release by the ODPP and contingent on the directive of the Prime Minister to undertake amendment to section 5 of the Act with respect to ‘Possession of a Prohibited Weapon’, the Ministry convened a meeting on 16th November 2023 with several key stakeholders,” Dr. Chang said.

These included Office of the Director of Public Prosecutions; Office of the Parliamentary Counsel; Institute of Forensics Science and Legal Medicine, Ballistics Section; Firearms Licensing Authority; Jamaica Constabulary Force, Legal Branch; Ministry of Justice; and Ministry of National Security.

Dr. Chang said the main intent of the meeting was to discuss the proposed increase to the penalty that may be imposed under section 5 of the Act ‘Possession of a prohibited weapon’.

“The existing penalty is ‘imprisonment for such term of not less than 15 years nor more than 25 years as the Court considers appropriate’. Consideration is now being given to the penalty being a maximum sentence of life imprisonment with a mandatory minimum of not less than 20 years,” the Minister said.

“This would mean that the court would have the discretion to impose a sentence within a range of the highest sentence being life to the lowest being 20 years. As it relates to the time to be served before being eligible for parole, further consideration is also being given to oust the jurisdiction of the Parole Act and make specific provision for the person to serve 20 years before being eligible for parole,” he added.

Additionally, it is being proposed to reintroduce a provision similar to Section 20(5)(b) of the repealed Act, where it is proved that an accused has in his possession or under his control any vehicle or other thing in or on which any firearm is found, he shall, in the absence of a reasonable explanation, be deemed to be in possession of an illegal weapon.

The Attorney General’s Chambers also proposed that the new provision be restricted to a prohibited weapon.

Dr. Chang noted that another recommendation is to reintroduce a provision similar to Section 46A (2) of the repealed Act, for a requirement for notice of an intention to put into evidence the certificate of the expert of the Institute of Forensic Science and Legal Medicine, to be served on the defendant within three clear days.

Amendments are also being proposed to provide for the ballistic expert, who is gazetted, as the main signatory on the certificate required for trial proceedings and to amend Section 30(2)(c) of the Act by making it a requirement for either the Commissioner or a designated officer of the Jamaica Constabulary Force to mark a firearm for evidentiary purposes.

“This is being proposed to ensure administrative efficiency in the investigative process,” Dr. Chang said.

Other proposed amendments include expanding the interpretation section of the Act to reflect the firing action of more modern automatic firearms, which the existing provision did not adequately capture, and to consequentially amend the Plea Negotiations Act to include a discount on sentencing where the defendant pleads guilty, as an incentive.

“This proposal is being advanced as a measure to reduce the backlog in the Courts. This amendment is being done in conjunction with, and the approval of the Ministry of Justice,” Dr. Chang said.

Meanwhile, the Minister noted that consultation and collaboration with the Office of the Director of Public Prosecutions, the legal departments within Government, the Jamaica Constabulary Force, the Institute of Forensic Science and Legal Medicine, and the Ministry of Legal and Constitutional Affairs remain ongoing, with a view to giving effect to these amendments.