Government Information Service

by Emmanuel H. Joseph
Government Information Service

Effective Wednesday, November 12, 2008, illegal owners of firearms will have a one month grace period where they can turn in those firearms without fear of prosecution. This statement was made by the Minister of National Security, Immigration and Labour, Hon. Rayburn Blackmoore. According to Mr. Blackmoore, this is all part of Government’s measured approach in reducing the level of crime on the island including that of drug trafficking. Provisions have been made for persons to turn in the illegally owned firearms to law enforcement officers and lawyers of their choosing.

“The time is now to jam the brakes on those persons who make a deliberate decision to keep and use firearms illegally. Government, therefore, is going to adopt a measured approach in doing so. Firstly, effective the (twelfth) 12th of November, 2008, that is today, to the twelfth (12th) of January, 2009, the Government of Dominica is granting an amnesty programme to persons in illegal possession of firearms and ammunition. Persons who possess firearms or ammunitions illegally should surrender them to any police station without fear of prosecution or to a lawyer of their choice. All firearms surrendered to the police should be unloaded and packaged.”

Hon. Blackmoore warned that after the expiration date, there will a concerted effort to apprehend illegal owners of firearms.

“The police will leave no stone unturned in order to pursue and apprehend persons who are in illegal possession of firearms. We cannot allow a culture of guns to develop in Dominica. We have a collective responsibility as one people to jam the brakes on criminals in order to safeguard Dominica’s reputation.”

Minister Blackmoore said that despite the figures for gun related crimes being small when compared to worldwide figures, efforts must be made to curtail such incidents as they pose a threat to that nation’s security.

“According to our security estimates, firearms obtained illegally and trafficking in illegal drugs are the biggest threats to Dominica’s national security. From 2006 – 2008, there have been more than one hundred (100) firearm related incidents in Dominica. When put in global context, these figures, though not alarming, but in Dominican standard are worrisome.”

Meanwhile, Hon. Blackmoore said that the existing laws will be repealed and will be replaced by tougher laws that cover a much wider range than the existing law. He also explained why previous amnesties did not achieve as much as was hoped for.

“In the past, we have had similar programmes, but it makes no sense to have a programme without at the same time addressing some of the weaknesses in the existing system. One of the things we failed to do in the past was to address the weaknesses of the existing law as it pertains to the illegal possession of firearms, and that is why we are giving you a choice to make. If you fail to do so, if you are caught, you are sending yourself to jail. It is a decision to make. The existing firearms act will be repealed to be replaced by a piece of law that is tougher and broader in scope. An amendment to deal with the issue of the importation, sale and use of imitation firearms will also be included in the new measure.”

Some of the provisions put forward include:

1. A person who uses a firearm for the offences of kidnapping, robbery, drug trafficking, rape or unlawful carnal knowledge will be liable, if convicted, to a prison term of not less than fifteen (15) years
2. A person who uses or attempts to use a firearm to obstruct or in any way interfere with a police officer while in the execution of his duty will be liable, if convicted, to be jailed for a minimum of ten (10) years
3. A person will be liable, if convicted, to go to jail for a minimum of ten (10) years if he/she were to threaten or intimidate a judge, a magistrate or public officer during the execution of his/her function
4. It will be an offence if a person carries a firearm in a public place while under the influence of alcohol or any intoxicating substance, irrespective whether the person holds a license or not.

Hon. Blackmoore stressed that the burden of crime prevention does not rest solely in the hands of the police but every citizen, even persons who hold licenses for firearms.

“I want to say, also, that the issue of crime prevention does not only rest on the police. Whereas the police must play a leading role, I think all of us at some point are affected by crime. Therefore, we have a moral responsibility to assist the police in ensuring that criminals are placed where they are supposed to be placed. If we are seeking to rid the streets of persons who illegally use firearms and to discourage persons from illegally possessing firearms, we must first have all control of the persons who have firearms licenses by doing a proper audit to ensure that persons who hold licenses for firearms cannot arbitrarily transfer them to other persons.”

The Minister added that licensed holders for firearms will be required to carry a registration card just like in the same manner a driver’s license is required to be carried by drivers bearing the particulars, the serial number, the photograph, the date of birth, the calibre of weapon that the weapon that the license was issued for.