THE joint select committee which is reviewing the new firearms legislation has decided against inserting provisions which would make members of the review board of the Firearms Licensing Authority (FLA) criminally liable for overturning initial rejections of applications for firearms authorisation.

The committee went back and forth on the proposed clauses which would nullify authorisations made in breach of the Act and attach criminal liability, with prison time.National Security Minister Dr Horace Chang explained that the provision would prevent the current situation where three members of the review panel can reopen an application that has been denied, and grant the authorisation.“The mischief we are trying to correct is that members who do not attend a meeting have been known to go to the authority when they hear that a particular licence wasn’t granted by the last meeting which they did not attend, invite one member who might be pliable, and authorise the granting of the firearm licence. Once the board properly constituted, grants the licence, the authority is obligated to so grant — and that is how a number of individuals who didn’t merit the award got their licence,” he pointed out.Dr Chang, who chairs the committee, explained that currently once an application is rejected the FLA Administration is required to advise the entire panel; but any member of the review board can intervene before that letter is sent out, request a delay, and reopen the file. However, he said documentation of the investigation which led up to the original decision is always available, unless such information is removed.“This is why it was suggested that there should be an offence,” he stated.“If the Bill is adopted as is there would be no provisions to prevent this mischief except for the powers of the minister to fire a board after the fact,” he said.

In February, FLA boss Shane Dalling revealed that checks found that between 2014 and 2017 more than 200 licences had been issued to people with criminal traces and criminal convictions, including a Corporate Area don who received four gun licences.

He said the licences were issued by previous FLA board members although board members before had advised against granting the permits.

On Thursday, Government Senator Sherene Golding Campbell said if the provision was specific to the review board, then the criminal action of reopening declined applications should be the offence created. “That is the action that we should be talking about, not just the broad’s grant of authorisation in contravention of the Act but if any board member acts to reverse its own decision — because that’s the mischief you’re seeking to fix. We are not attacking that problem with this provision,” she suggested.Another newly inserted provision, if adopted in the Bill, will see firearm holders who have an order of protection against them for domestic violence — locally or in another jurisdiction — within five years of the date of their application going before the board, having their firearm permit revoked.