Fi We Children urges child-centred approach to proposed Firearms law amendments

WHILE welcoming indications that the 2022 Firearms Act will be amended so that adults who groom children to use, store, transport, or acquire illegal guns will face a new criminal offence, advocacy outfit Fi We Children Foundation (FWCF) is discouraging a further proposed change which will see individuals convicted of illegal possession of a firearm facing a new minimum mandatory sentence of 20 years’ imprisonment instead of the current 15 years minimum mandatory. In a release issued to the media on Sunday, moments after the Ministry of National Security announced the changes which were proposed by the National Security Council in a statement, the foundation said while it welcomed the recognition that further consideration must be given to cases involving children found in possession of illegal firearms, it was cautioning that any amendments to the Firearms (Prohibition, Restriction and Regulation) Act, 2022 “must distinguish between children exploited by criminal networks and adults who deliberately recruit, coerce, or manipulate them into gun-related activities”. The national security minister had indicated that the NSC has also agreed that further consideration should be given to how cases involving children found with illegal firearms are handled. It said concerns raised regarding imitation firearms will be “clearly addressed to distinguish between toy guns and guns designed to realistically imitate a weapon”. Sunday, the foundation said it approved of the NSC’s intention to clarify the law concerning imitation firearms, but urged the Government “to ensure that the legislation clearly distinguishes ordinary toy guns from realistic imitation firearms and actual weapons, using objective and proportionate criteria”. “Children should not acquire a criminal record merely for engaging in ordinary childhood play with toys that are not firearms. An overboard approach risks disproportionately exposing boys, in particular, to criminal justice intervention for conduct that should not automatically be treated as criminal,” it said. The foundation said it will be making recommendations to the joint select committee considering the proposed legislative amendments, advocating for a child-centred, evidence-based, and rights-compliant approach that protects public safety without criminalising vulnerable children or undermining judicial discretion. It said it was particularly concerned about children recruited by gangs to carry, use, store, or transport illegal firearms. And the foundation said while it supports the proposed creation of a specific offence targeting adults who groom or recruit children into firearms-related criminal activity, such provisions must be accompanied by effective investigation, child sensitive interviewing, appropriate safeguarding measures, and access to diversion and rehabilitation where warranted. “While FWCF recognises that gun violence remains a severe national concern requiring decisive action, we caution against adopting draconian measures as quick fixes to complex social and criminal justice challenges,” it said. “The proposed 20-year minimum sentence for adults convicted of illegal firearm possession also raises broader questions about the appropriate role of mandatory sentencing. FWCF maintains that mandatory minimum sentences can unduly restrict judicial discretion by limiting a court’s ability to consider the individual circumstances of an offence and the offender.” The proposed changes come just a month after defence attorneys mounted an island-wide silent protest and scaled back their services over what they described as “shortcomings” in the Act. That protest was sparked after Justice Minister Delroy Chuck indicated that while legislators were set to review the mandatory minimum sentences under the 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.