Politicians on both sides of the divide have been asking us to ‘Choose Jamaica’ or telling us that ‘Time Come’. But have we stopped to consider exactly what we are voting for?

Political parties in this country have consistently campaigned primarily on gimmicks, catch phrases, mud-slinging, and just a tad of the issues. Time come for the people of this country to choose themselves and not a party. There are so many issues that either side has failed to address properly .

I will take one important issue, that of the the Firearms (Prohibition, Restriction and Regulation) Act, 2022, which came into effect in November 2022. Since its passing many people, particularly from the legal fraternity, have lamented on its draconian nature and the dire need for it to be amended. Of course, we have heard talks of it being amended, yet this November will mark three years since it has become law, with no amendment.

WHO DOES IT AFFECT?

This Act was passed by the current Government as a tool to control our spiralling or declining — depending on which politician you ask — crime rate. However, not one study has shown that it has had this effect. On the contrary, it has more adversely affected people who are not criminals. The people so affected are from all walks of life and so this issue should have been addressed by both political parties who are asking us to choose.

Scenario 1: A father buys a toy gun for his six-year-old son who wants to be a police officer for career day. The police happen to search that father’s car at a traffic stop and the gun left on the back seat by his toddler is found. There is absolutely no provision in the current Firearms Act that can ‘save’ this father from, at the very minimum, a prison term of 15 years. This is because, in its definition section, the Act defines a prohibited weapon in parts as: “any imitation of any weapon or device referred to in any of paragraphs (a) to (d)”. Paragraphs (a) to (d) is where a firearm is defined. There is no provision for toy guns.

Scenario 2: A budding artiste has an air pistol to be used as a prop in a music video. The gun is found in his home by the police. The Act, in describing a firearm, states in part: “does not include an air rifle, air gun, or air pistol, of a type or calibre prescribed by the Minister”.

However, the person with this air pistol will still be brought before the court because, as far as is known by the courts and those operating within it, the minister has never so “prescribed” anything.

So, again, this person faces, at the very minimum, 15 years in prison, as required by the Act.

Scenario 3: A man goes to the range or bird bush and takes along his teenage son and two of his son’s friends. While packing up to leave, being easily excitable boys, the son takes the gun and asks his friends to take pictures. His dad doesn’t notice. One night said friends are driving and are stopped by the police. Their phones are searched — which we now know is a habit of the police in certain situations, whether wrong or right — and the pictures of them holding the shotgun are found. Being teenagers, the officers are aware that these boys would not possess gun licences. Now both father and boys are in contravention of the Act.

In times gone by, if they were taken before the court, when the judge hears their explanation, even if found guilty, a fine would likely be considered the more appropriate sentence. This new Firearms Act takes away this discretion from the judge. If found guilty, there is an automatic minimum 15-year sentence for father and boys.

Jamaica, though we are one day away from going to the polls, it is not too late to hold the feet of politicians to the fire, and demand more.

Yesterday we awoke to news that the minimum wage was being not just increased, but doubled. It, therefore, means that even now we can demand change from the current Administration or ask the other side to speak on how it plans to address this issue as well as others.

Patrice Riley is an attorney-at-law. Send comments to the Jamaica Observer or patricerileylaw@gmail.com.

There are so many issues that politicians on either side have failed to address properly.