Licensed firearm holders can defend regular citizens, says FLA
HEAD of the Firearm Licensing Authority (FLA) Shane Dalling has pointed out that licensed firearm holders have the same right as unarmed citizens to intervene where they can, when a crime is being committed against another person.
“The firearm is granted to an individual to protect life and property, not only his life and his property. If a licence holder should see someone in distress [they can] intervene just like any private citizen could intervene, not having a firearm. A citizen has the right to arrest. They can see something going wrong and effect a citizen’s arrest, or hold the person for such period of time until the police arrives,” he outlined in an interview with the Jamaica Observer.
The FLA CEO was speaking against the background of Tuesday’s incident in which a licensed firearm holder foiled the attempted robbery of a nurse — a short distance away from police headquarters, in St Andrew — shooting one of the assailants. Over the years, licensed firearm holders have intervened in several such attacks on citizens.
“So what the licence holder did in that case, although I don’t have all the facts, would be OK,” he remarked.
At the same time, he noted that in all situations, the actions of firearms holders must be commensurate with the threat at the time.
“Licence holders are given safety training, and training on use of force, meaning that whatever force is used must be proportional to the danger or the threat that is envisaged or that is being faced by the holder of the time,” he said, pointing to another incident which also took place on Tuesday in Sam Sharpe Square, Montego Bay, involving a shoot-out between two licensed firearm holders in the busy town.
“Just based on what we saw — and I’ve not seen the entire video — the gentleman in the white merino, seemed to be [acting] outside of a use of force policy and response to danger. You don’t go hunting, and you don’t go on the offensive with somebody. You must seek at all times to ensure that once the danger is abated and the risk no longer exists, you must resile and retreat,” the FLA CEO said.
Dalling added that the FLA is pushing to have that incident investigated within a week.
“What we require is that the individuals at least state what happened. We’re not conducting a criminal investigation. We want to see whether the individuals acted appropriately and whether the public space was endangered given what happened there,” he said.Further, Dalling said the FLA does not conduct psychiatric evaluation of a person when considering whether to grant them a firearm licence; however, in the due diligence, an assessment is done of the individual’s temperament.
“The person’s general demeanour is assessed, and background checks include going into their community, speaking to their spouse, former spouse, family members, co-workers, and that gives you a general idea of the person’s general temperament,” he explained, adding that the decision to grant a licence is not entirely based on whether the individual is law-abiding.
“That’s why there is the complaint that the FLA turns down a lot of persons although they say the person is a law-abiding citizen — that is OK, but that doesn’t mean that they’re a fit and proper person to hold a firearm,” he pointed out.
There are just over 45,000 licensed firearm holders in the island.