A month after defence attorneys mounted an islandwide silent protest and scaled back their services over what they described as “shortcomings” in the Firearms (Prohibition, Restriction and Regulation) Act, 2022 (Firearms Act), the National Security Council (NSC) has recommended that individuals convicted of illegal possession of a firearm should now face a new minimum mandatory sentence of 20 years imprisonment.

Justice Minister Delroy Chuck was flayed in mid-September after he indicated that while legislators are set to review the mandatory minimum sentences under the 2022 Firearms Act, a repeal is unlikely as security forces and other key stakeholders are crediting the law for the sharp decline in murders and shootings in recent times.

The current Firearms Act, which prescribes a mandatory 15-year sentence for violations, took effect in November 2022 and, among other things, provides penalties ranging from 15 years to life imprisonment for possession of illegal weapons, and establishes a dual regime — distinguishing between prohibited weapons or unregulated firearms and connected activities, and firearms that are duly authorised or registered.

Among the concerns raised primarily by members of the defence bar were that the mandatory minimum provisions in the Act counteract the Plea Negotiations and Agreements Act (plea bargaining legislation), with many accused opting to head to trial rather than plead guilty at their first appearance.

During the planned silent protest on September 23, attorneys had called for a review of the mandatory sentencing provisions of the Act to allow judges to exercise their discretion in circumstances in which a lesser sentence was warranted.

Justice Minister Delroy Chuck was flayed in mid-September after he indicated that while legislators are set to review the mandatory minimum sentences under the 2022 Firearms Act, a repeal is unlikely.

Following meetings with the justice minister, the attorneys expressed disappointment over the Government’s seemingly unrelenting stance on the mandatory minimum issue.

At the time Advocates’ Association President Tamika Harris had reiterated that attorneys were not seeking to downplay the seriousness of gun crimes and those involved in criminality.

“What we are asking for, in simple words, is that firearms and imitation firearms are dealt with separately, so that children who are at play are not at risk of being criminalised. The court must be able to distinguish,” Harris said.

Sunday, the Ministry of National Security said the council had further proposed that adults who groom children to use, store, transport, or acquire illegal guns will face a new criminal offence under the pending amendments to the Act “to address the gap whereby gangs seek to recruit and enlist minors in the commission of gun crimes”.

The Ministry of National Security, in a statement released on Sunday, said the changes are in keeping with the Government’s commitment to refine the Act “to make it tougher while protecting the innocent and vulnerable”.

According to the statement, the National Security Council has also agreed that further consideration should be given to how cases involving children found with illegal firearms are handled.

Advocates’ Association President Tamika Harris had reiterated that attorneys were not seeking to downplay the seriousness of gun crimes and those involved in criminality

It said concerns raised regarding imitation firearms will be “clearly addressed to distinguish between toy guns and guns designed to realistically imitate a weapon”.

According to the ministry, the review will also examine matters surrounding firearms with expired licences.

In the meantime, however, it said before the new provisions take effect, the Government will provide a gun amnesty and cash buy-back programme, giving anyone holding an illegal gun the opportunity to surrender it.

The Ministry of National Security and Peace has been directed to have the draft legislation ready by the end of November 2026 for wider consultations.

Chairman of the NSC, Prime Minister Dr Andrew Holness, said the amendments strengthen the law while keeping it fair.

HOLNESS…we have seen what criminals are capable of, and we will not stand by while they put guns in the hands of our children.

“We have seen what criminals are capable of, and we will not stand by while they put guns in the hands of our children,” he said. “We are determined to send a strong signal against illegal guns and those who promote them, while making sure the law is fair to the most vulnerable. Make no mistake, this Administration is drawing a line in the sand against gun crime, and we are determined to eliminate the gun culture from our society.”

Meanwhile, the NSC also received a briefing from Commissioner of Police Dr Kevin Blake on the intensified effort to interdict and seize illegal drugs entering Jamaica.

Blake indicated that the police has seized 8,734.37 kilogrammes of cocaine since the start of the year. That amounts to 74 per cent of the 11,852.01 kilogrammes seized over the 10-year period between 2016 and 2025.

The NSC commended the security forces and the Jamaica Customs Agency for their work in keeping the country safe by finding and recovering illegal drugs, weapons, and other contraband.

The NSC noted that, given the effective closure of various drug trafficking routes by United States operations in the region, there will be greater attempts to use Jamaica’s geographic location for trans-shipment.