Heavier fines, longer prison time, for firearms offences

The Firearms Act, Chap. 16:01 is the principal piece of legislation governing, regulating and controlling the use and possession of firearms in Trinidad and Tobago. However, the legislation was found to be deficient in several areas and was amended to address a growing global trend in the misuse and illicit trafficking of firearms.

The move to amend this country’s firearms laws was also driven by the fact that Trinidad and Tobago became a signatory to the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and other Related Material in May 1998. As a result, this country had to implement systems and procedures and effect changes in laws to comply with the Convention.

Under the amended law, it is now an offence to have a firearm in a public place, or to enter a building or land without reasonable excuse while in possession of a firearm

In addition, the penalty for unlawful possession and use of firearms was increased from $20,000 and five years imprisonment to $50,000 and ten years imprisonment.

The penalty for selling or transferring a firearm to a person who does not have a licence increased from $4,000 and two years imprisonment to $50,000 and ten years imprisonment.

There were also significant increases in the penalties for importation of any cargo of weapons without a firearm import permit; boarding or attempting to board an aircraft while in possession of a firearm.

A person found in possession of a firearm while drunk or under the influence of dangerous drugs is liable, on summary conviction, to a fine of $20,000 and two years imprisonment.

Requirements for the granting of a firearms licence were tightened. An applicant must first obtain a provisional licence, which is valid for two months. During that time the applicant must undergo training in the use of the firearm at an authorised shooting range under the supervision of the holder of a firearm user’s licence.

Restrictions were placed on domestic violence offenders holding a firearms licence.

In explaining this section of the amended law, National Security Minister Martin Joseph, who piloted the Bill through the Senate in December 2003, said: "The effect of tightening these requirements necessary for possession of a firearm is obvious.

There is need to be sure and feel secure in the type of individuals allowed legally to possess firearms.

"Society has seen an increase of death by firearms due to both licensed and unlicensed firearm users. Over the last few years, domestic violence crimes have also been in the forefront of the news. We have seen also a number of murder/suicides.

"In addition to the domestic violence legislation, there is included a provision in this Bill to disqualify domestic violence offenders from holding a firearms licence.

Therefore, if convicted of such a crime, that person would be disqualified or suspended from holding a licence for a period of five years after conviction." According to Minister Joseph, the amended legislation "represents just one piece of the whole puzzle designed to ensure that Trinidad and Tobago reclaims this country and takes it out of the hands of a small bunch of criminals who are terrorising this country."