Jess files formal questions in Parliament over ‘flawed’ Firearms Act
KINGSTON, Jamaica — Opposition Spokesperson on Justice, Zuleika Jess, on Tuesday submitted a formal notice of questions for oral answer to the Clerk of the Houses of Parliament, summoning Minister of Justice Delroy Chuck to provide answers regarding what she has described as a flawed Firearms (Prohibition, Restriction and Regulation) Act.
According to Jess, in a press release on Wednesday, this move by the Opposition is to force immediate amendments to the legislation. This also follows Wednesday’s silent protest by Jamaica’s legal fraternity outside the Supreme Court.
“The Opposition stands in absolute, unwavering solidarity with the attorneys, advocates, and jurists who took to the streets today. Their silent demonstration exposes a deep, systemic crisis: the complete stripping away of judicial discretion and the imposition of a merciless 15-year mandatory minimum sentence. This statutory rigidity has completely paralysed the plea-bargaining process, removing any legal incentive for defendants to plead guilty and risks drowning the Gun Court in an unmanageable trial backlog,” the Opposition said.
READ: Lawyers protest mandatory minimum sentences under Firearms Act
Meanwhile, Jess highlighted two examples of what she described as absurdity within the current Act and noted that the Opposition is targeting for immediate revision:
● The coercion and exploitation of vulnerable minors: Under the Act, a vulnerable 14-year-old child who is terrorised and forced by a community “don” or gang leader to carry or hide an illegal firearm is treated with the exact same severity as the violent criminal who handed them the weapon. Judges are completely prohibited from weighing the presence of severe adult coercion with the result that a child victim is automatically subjected to the rigid 15-year mandatory minimum sentence.
● The absurdity of imitation firearms: Under the strict lettering of the Act, a young music producer using a plastic toy gun as a prop on a video set is subjected to the exact same mandatory 15-year minimum sentence as a criminal possessing a loaded, lethal automatic weapon. Judges are legally forbidden from using common sense because their hands are completely tied.
“We are seeing state-sanctioned injustice where the law forces the destruction of innocent lives instead of targeting violent criminals,” Jess said.
The Opposition said the questions filed will force Minister Chuck to provide a clear timeline for previously promised amendments to the Act and state whether the Government has engaged in consultation with the Bar and Advocates Association.