The Royal Anguilla Police Force has just published on the Government’s website what it calls “Guidance on the Issuing of Firearm Licences” dated October 2016. Although there is a longstanding Firearms Act on the law books, it is actually the first time, to our recollection, that guidelines on gun licences have been put in place. As we understand it, while the Act governs firearms licensing, it does not stipulate what would constitute ‘good reason’ or ‘suitability’ for applicants to satisfy the appropriate licensing authority – in this case, the Commissioner of Police – to issue a firearms licence to them. The policy answers the question whether anyone can apply for a firearm licence and certificate by stating: Permission to possess or to purchase or acquire a firearm will be granted to an individual who is assessed by the licensing authority as not posing a threat to public safety and having a good reason to own a firearm.
The reason for crafting and publishing the guidelines is embedded in the policy document itself. The particular explanatory paragraph, states: In the opinion of the Government of Anguilla, firearms licensing requires clear supporting guidance for both those applying and those making the determinations in respect of applications, thereby ensuring a more transparent and consistent process.
The policy is also based on the fact that firearms are dangerous weapons and the State has a duty to protect the public from their misuse [and] gun ownership is a privilege, not a right. The same play of words is found in the introduction to the document and is preceded by the statement that the Anguilla Constitution does not give anyone the right to bear arms. The document also notes, in the introduction, that legal gun ownership in Anguilla is relatively low with only 41 firearms licensed and 7 shotgun licences in place in January 2016. It is not by any means unreasonable to hope that the illegal guns on the streets do not exceed those licensed numbers.
The whole concept of the policy appears to be aimed at limiting the issuing and licensing of firearms in Anguilla and to avoid them getting into the hands of irresponsible persons or outlaws who may at some point in time misused them. This is certainly not a bad idea, given the number of illegal guns that are apparently on the island – as the frequent shootings or discharges of firearms appear to reveal.
One may ask whether, in these times, when guns are used in violent robberies, and other acts of violence, what position the policy document takes on self-defence. This is what it says: The Government recognises that although the Constitution and the Firearms Act do not refer to self-defence as ‘good reason’ [to own a firearm], there may be occasions where the type of work/role the applicants conduct may allow them to possess a firearm for protection. This must be frequently examined and justified at each re-licensing application. The use of a firearm for self-protection does require the user to understand the legal implication on the use of potential lethal force. This is clearly, in our view, debatable, since an unmerciful attacker does not consider the potential terrible impact of his criminal and deadly action on an innocent and perhaps defenceless victim.
Like everything else, the policy may have certain flaws or weaknesses. It has been placed on the Government’s website, but it is unclear whether it will eventually come up for public consultation and amendment. It perhaps may be necessary to state, for example, how the Government or the licensing authority would seek to stem the tide of violence and fear by getting the illegal firearms off the streets or controlling their entry into Anguilla in the first place. In any case, the policy document, as it stands, is a good start at taking some kind of remedial action towards gun control in Anguilla. But it would be well-advised to hear what public opinion thinks about the policy.
