Licensed gun owners who fail to report lost or stolen weapons to the police without reasonable excuse could, under the new firearms regime being proposed by lawmakers, face fines up to 10 times larger than the current penalties.
Under the Firearms Act, which is to be repealed by the 2022 Firearms (Prohibition, Restriction and Regulation) Act, if a licensed firearm holder loses their weapon and fails to report it within 48 hours, there is a $100,000 fine, or imprisonment of up to one year.
However, the 2022 Bill increases the penalty to a maximum of $1 million, and the reporting period is reduced to 24 hours.
The new Bill, now before Parliament, will repeal the 1967 Firearms Act, which was last amended in 2010.
The police told the Jamaica Observer on Friday that 58 guns had been reported lost or stolen last year, and 57 in 2020. The majority were pistols, revolvers, and, to a much lesser extent, shotguns. The 2021 figure is seven more than was reported in 2019, which the Firearms Licensing Authority (FLA) said at the time had led to the revocation of 49 licences.
Furthermore, a person who comes into possession of any firearm or ammunition, which is lost or which they suspect or believe to be stolen, is obligated to report the matter to the police within 24 hours as well.
Someone who knows the whereabouts of a stolen weapon or ammunition is also under the same reporting obligation, the law says.
Additionally, an individual who comes into the possession of a firearm or ammunition could face even harsher fines, of up to $3 million, or as much as three years in prison.
At the same time, there is a penalty of up to $3 million, or a maximum of three years behind bars, for those who fail to give up the location of lost or stolen firearms or ammunition. The penalties are all subject to conviction in a parish court.
In 2020, chief executive officer of the FLA Shane Dalling told the Observer that the regulator was very concerned about the high number of firearms that were being reported lost or stolen.
“Our approach is to start revoking licences from individuals who we believe are careless. We consider every firearm lost or stolen to contribute to the crime problem. In international circles a lost or stolen firearm is considered to be a means of diversion. When a legal firearm is lost it goes into illicit hands. We consider it very serious that we are putting weapons in the hands of criminals,” he said.
“We don’t take lightly replacing firearms that are lost or stolen unless it’s a genuine case. We don’t take cases where individuals say they left the firearm in a car [for example] lightly,” Dalling said.
Piloting the 2022 Firearms Bill in Parliament on Thursday, National Security Minister Dr Horace Chang said, although automatic weapons and assault rifles are the types of illegal weapons mainly prohibited, the weapon of choice being used in murders and shootings is the handgun.
