Double checking guns

After a nine-month hiatus, President Anthony Carmona appointed attorney Faraaz Mohammed as the new chairman, with attorney and former prosecutor Lee Merry, and former chief fire officer Leslie Skeete as members.

Under the Firearms Act, the board hears and determines appeals of decisions made by the Commissioner of Police when it comes to applications for firearms licences. This may seem a trivial matter at first glance, but in fact, having a layer of appeal over the Commissioner is integral if the public is to have any confidence in the scheme of regulation of firearms.

Not having a Firearms Appeal Board places too much responsibility in the hands of the Commissioner, concentrating power in a way that is not open to challenge.

The absence of a board also potentially allows a backlog of appeals to develop creating administrative difficulties. It also potentially frustrates those who seek, legitimately, to obtain permission from the State to hold firearms.

Shortly after the swearing-in, Mohammed told the media, “the first order of business is to determine exactly the status of the appeals, and getting down to work as quickly as possible.” The new board was eager, he said, “to get the ball rolling, and work assiduously to try and clear any backlog if there is any, and get the process moving quite smoothly.” The new board, however, will have only a three-year tenure. The length of this term is short enough to result in an adequate rotation of personnel. But it may be too short if, for whatever reason, a new board has to be sworn in. Sadly, another nine-month delay might be on the cards as there does not appear to be a history of treating with this board in a timely fashion.

Indeed, the history of the board is that it has sometimes been in abeyance for years. Such was the case in 2005 when the board was in limbo for about 22 months and High Court Judge Justice Amrika Tiwary-Reddy issued an order for the appointment to be made by Cabinet. (Cabinet advises the President.) In that 2005 case, attorney Anand Ramlogan contended that Cabinet’s failure to appoint members to the board had created a black-market in which corrupt police officers were soliciting money from businessmen for licences.

Such a distressing state of affairs is sadly not beyond belief, even if today we would question if there is evidence to justify it.

Ironically, however, there is enough evidence to suggest that vast streams of firearms are flowing all over the country without any form or regulatory involvement.

In this sense, the appointment of a Firearms Appeal Board is almost farcical in the absence of any statistics showing the number of appeals and estimates as to what proportion of all firearms are licensed.

The shooting death of Enterprise resident Anton Mitchell on Thursday was yet another case in which an unlicensed firearm was reportedly involved.

Nonetheless, the appointment of the new board comes as we prepare to mark the two-month anniversary of the entering into force of the Arms Trade Treaty.

To date, the treaty has 130 signatories, with 87 state parties, 87 ratifications (including Trinidad and Tobago) and three accessions.

The second conference of State parties took place in August. The treaty is important given the social impact of this trade. Here in Trinidad and Tobago we have felt the murderous impact. There are also other indirect and insidious implications, such as in relation to gender-based violence.

At least now the Firearms Appeal Board can get back to work, ensuring that one piece of the puzzle functions as it should.