FLA transformation — regulating with a purpose
In recent years, the Firearm Licensing Authority (FLA) has undertaken several transformations to serve the Jamaican public better, as it modernises its operations and maximises efficiency.
The FLA remains keen on being efficient and transparent in order to address discrepancies that may creep into the system. Therefore, the Authority provides avenues for smoother and fairer processes.
Legislation
The Firearms (Prohibition, Restriction and Regulation) Act of 2022 seeks to effectively eliminate the illegal possession, manufacturing, trafficking, proliferation, and use of prohibited weapons from the licence or legal holders. The new Firearms Act replaced the previous Act of 1967, legislation that was in place for over 50 years. This is a step forward not only for the FLA but for enhancing national security and regulating licensed firearms in Jamaica in keeping with global standards.
The FLA also manages and regulates the firearms industry through a robust licensing regime and a national registry of firearms. It also addresses new threats posed by technological advancements and enables the country to meet international treaty obligations, a potential turning point for Jamaica.
Board Changes
Previously, the key functions of the FLA involved granting, renewing and revoking firearm licences. However, the FLA now has the authority to suspend and cancel licences. Why? The ability to suspend firearm licences, which require the holder to surrender his/ her firearm and ammunition for up to three months, greatly assists the FLA with facilitating investigations. Prior to the new legislation, the Board did not have this option, and despite complaint/adverse information against the licence holder, he/ she would still be in possession of the firearm and ammunition until the investigation was completed and the Board decided to revoke the authorisation. However, these changes allow the FLA to preserve the interest of justice, creating an environment for fairness and equity in dealing with investigations.
Another administrative transformation is the authority to cancel firearm authorisations. Let’s say a holder no longer wishes to be in possession of a firearm or the holder dies, the licence can now simply be cancelled as an administrative move instead of being revoked.
expanded Firearm authorisations
In a bid to serve the Jamaican public more efficiently, the FLA continues to evolve and has expanded its firearm authorisations to include, but not limited to, broker’s licence, range operator licence, gun club licence, trainer’s licence, and antique firearm collector’s licence. The expanded authorisations form an integral part of the New Firearm Act, allowing qualified individuals to apply for the category of licence that best suits their needs.
Changes to the appeal process
Under the new Firearms Act, the Minister of National Security will no longer be involved in the appeal process. Instead, an independent Review Panel will hear the case. This Review Panel has the authority to confirm the decision of the Board or refer the matter back to the Board for a fresh decision on the matter. There has always been much public scrutiny regarding the level of fairness associated with the appeal process, considering the heavy involvement of the Minister and Board. Now, applicants who are seeking an appeal can be assured that the matter will be dealt with by a separate committee under the highest standards of transparency and accountability.
marking Firearms
The Act now requires that licenced firearms bear the following:
• The mark of the manufacturer
• The date of manufacture
• The serial number, type, make, model and the caliber.
In 2021, the FLA acquired two Laser Engraving Machines from the Inter-american Development Bank (IDB) to facilitate this. The marking of privately owned firearms by the FLA will go a long way in assisting the tracing of legal firearms that are used to commit an offence and strengthen the evidence put forward to the court. This also allows the ready identification of illicit firearms and those that have been illicitly trafficked into the country.
Transformation in any business requires seismic shifts to make its operations more efficient for the people they serve. In Government, it is no different – this is why the Firearm Licensing Authority will continue to adapt as Jamaica transforms by regulating with a purpose.
Shane Dalling is chief executive officer of the Firearm Licensing Authority.