THERE are 15 days remaining for the gun amnesty programme, and government has signalled its intention to thereafter apply the full force of the law against gun runners and holders of illegal firearms who have refused to hand in their weapons.The police have at their disposal the Firearms (Amendment) Bill 2013 which was passed in the National Assembly on January 17, 2014. The then PPP/C government had amended the antiquated law to include stricter penalties for offenders in an effort to curb trafficking and possession of illegal firearms. The law stipulates that traffickers of firearms, ammunition, explosives and/or related components must face the maximum penalty of up to five million dollars in fines and 10 years in jail upon conviction and indictment at the level of the High Court. However, a maximum penalty of $500,000 in fines and five years in prison can be meted out to offenders if the matter has been summarily tried at a magistrate’s court.

Prime Minister Moses Nagamootoo and Minister of Public Security Khemraj Ramjattan, on Monday inspected the firearms and ammunition that have so far been handed over to the Police Force. Some 1457 live rounds and over 30 firearms have thus far been surrendered by citizens.

The gun amnesty period, which commenced on September 1, could be extended, according to its success, Minister Ramjattan told reporters during the inspection. “Immediately after the month ends, there will be a crackdown on all illegal weapons in a harsh manner; so bring them (illegal guns) out now, because the full force of the law will be applied to all (persons) caught (with illegal arms and ammunition) after (the amnesty has ended),” Minister Ramjattan advised.

In regard to the fact that no assault rifles have been surrendered to the police and this is a weapon used in all major crimes, Ramjattan said it is disappointing, but there is still hope, as 15 days are still available to the amnesty period. Underscoring that the amnesty is one of a voluntary nature and is not a buy-back process, Ramjattan emphasised that government is constrained by financial arrangements and cannot offer cash incentives at this point.

Considerable success

Prime Minister Moses Nagamootoo has said the Firearms Amnesty Programme has already seen considerable success, which suggests that the Guyanese nation is willing to bring itself within the ambit of the law. “I pledge my support and the support of the Office of the Prime Minister to this Amnesty Programme, and encourage all persons who have illegal firearms in their possession to bring them in during this period. My colleague, Vice-President Ramjattan, made it clear recently that, once the amnesty concludes, the police will deal condignly with persons who are found with illegal weapons,” the Prime Minister stressed. “I fully support this, and urge the magistracy and the judiciary to take judicial notice of the prevalence of crimes involving the use of firearms. There should be no discretion in imposing sentences under the law for illegal possession of firearms.”

Adding his view as a legal mind, Prime Minister Nagamootoo said he is of the view that the courts must review the granting of bail involving repeat offenders arraigned for illegal possession of firearms, or for the use of firearms in the execution of robberies.

“The Firearms Amnesty opens the door to those with illegal firearms to come forward and surrender their weapons. In the remaining days, I hope to see the delivery of more weapons, and that family members of holders of illegal weapons would plead with them to come clean,” Nagamootoo explained.

Police Commissioner Seelall Persaud has underscored that if a weapon was used in commission of a crime, that factor would be discovered through ballistics testing, which is being done on all weapons. He has also said the Police Force will not go after the person who has surrendered the weapon, since that person is immune from prosecution for possession of an illegal firearm. “That person has absolute immunity, so he / she would not be prosecuted for possession of firearm. Immunity is only for the possession of the firearm, not for other crimes,” the Police Commissioner said.

By Rabindra Rooplall