Appeal process for gun licences revamped
INDIVIDUALS aggrieved by the decision of the Firearm Licensing Authority (FLA) Board regarding the granting, amending, or suspension of a firearm authorisation may now make an appeal to a review panel that has been established as part of a revamped appeal process for gun licence applications.
Changes to the appeal process come following the recent passage of the new Firearms (Prohibition, Restriction and Regulations) Act, 2022, which made provisions for the establishment of an Appeals Review Panel that replaces the Review Board in the principal Act.
Tabling the Bill last year, National Security Minister Dr Horace Chang had explained that the review panel “will take all appeals out of the hands of a single individual”.
Previously, the legislation gave the minister the power to recommend permits based on his own discretion, or on the recommendation of a review board. Under this new arrangement the minister of national security will no longer be involved in the appeal process.
The separation of the minister from the process is a significant change which will add greater transparency, the FLA said. This especially in light of last year’s damning Integrity Commission report on the FLA which cited Member of Parliament for St Mary Western Robert Montague for knowingly granting firearm permits to six people with criminal traces while he was national security minister.
Montague, who oversaw the FLA from 2016 to 2018, resigned from the Cabinet following the publication of the report which disclosed that he and Peter Bunting, also a former national security minister, approved gun licences on appeal for people who were previously denied due to criminal backgrounds.
In a media release on Monday the FLA explained that the review panel no longer reports its findings and recommendations to the minister of national security; instead, the panel holds the authority to confirm the decision of the board or refer the matter back to the board for a fresh decision.
“While the FLA Board makes the final ruling, the establishment of the review panel to assess the matter adds a layer of equity that had been questioned by applicants before. In addition, this decision is now final, without any reference to the minister,” the FLA said.
Chief executive officer (CEO) of the FLA, Shane Dalling, in Monday’s release said the changes to the appeal process support the FLA’s dedication to improve its operations with smooth, clear and fair processes.
“The implementation of a review panel that is independent to the board is a major transformation that will ensure customers due process when seeking an appeal,” he said.
“As the national firearm regulator it is important for us to adapt to better serve the public. The FLA welcomes significant legislative changes and continues to improve our systems and processes as we aim to regulate with a purpose and uphold the highest standards of transparency and efficiency,” Dalling added.
The FLA, which regulates firearm licensing and usage in Jamaica, said that in a bid to modernise its operations and maximise transparency, it has also introduced a range of changes such as the expansion of ballistic testing of bullets, the marking of firearms, and electronic fingerprinting.