Gun laws in Jamaica
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Jamaican law allows firearm ownership on may-issue basis. With approximately eight civilian firearms per 100 people, Jamaica is the 92nd most armed country in the world. Gun laws in
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
began to be tightened in the early 1970s, when Jamaica experienced a rise in violence associated with criminal
gang A gang is a group or society of associates, friends or members of a family with a defined leadership and internal organization that identifies with or claims control over territory in a community and engages, either individually or collective ...
s and political polarization between supporters of the
People's National Party The People's National Party (PNP) is a social-democratic political party in Jamaica, founded in 1938 by independence campaigner Osmond Theodore Fairclough. It holds 14 of the 63 seats in the House of Representatives, as 96 of the 227 local go ...
and the Jamaica Labour Party.


History

Before 1962, Jamaica's murder rate was one of the world's lowest with 3.9 per 100,000 population (4.6 in the US).Dean Weingarten
Jamaica: Draconian Gun Laws and Murder Rates
''Ammoland.com'', 4 December 2015 (accessed on 25 August 2019)
After a rash of killings of lawyers and businessmen in 1974, the government of
Michael Manley Michael Norman Manley (10 December 1924 – 6 March 1997) was a Jamaican politician who served as the fourth Prime Minister of Jamaica from 1972 to 1980 and from 1989 to 1992. Manley championed a democratic socialist program, and has been ...
attempted to restore order by granting broad new law enforcement powers in the Suppression of Crime Act and the Gun Court Act. This allowed the police and the military to work together in a novel way to disarm the people: soldiers could seal off entire neighborhoods and police could systematically search the houses for weapons without a warrant. The goal was to expedite and improve enforcement of the 1967
Firearms Act Firearms Act is a stock short title used for legislation in Canada, Hong Kong, Jamaica, and the United Kingdom. This list includes not only Firearms Acts as such, but legislation of different names governing firearms and also other weapons. List ...
, which imposed licensing requirements on ownership and possession of guns and ammunition, and prohibited automatic weapons entirely. With the new law, owning a bullet could lead to a life sentence. A special gun court held secret trials. A major national crackdown was orchestrated to dismantle newly outlawed gun-related networks. A censorship policy was applied for national medias to apply. Within the first six months, the crime rates dropped, but then it got back up and kept increasing. Prime Minister
Michael Manley Michael Norman Manley (10 December 1924 – 6 March 1997) was a Jamaican politician who served as the fourth Prime Minister of Jamaica from 1972 to 1980 and from 1989 to 1992. Manley championed a democratic socialist program, and has been ...
expressed his determination to take stronger action against firearms, predicting that "It will be a long war. No country can win a war against crime overnight, but we shall win. By the time we have finished with them, Jamaican gunmen will be sorry they ever heard of a thing called a gun." In order to win this war, Manley believed it necessary to disarm the whole public: "There is no place in this society for the gun, now or ever." All through the 1990s, Jamaica's murder rate was among the world's highest, and peaked in 2009. Guns are involved in 80% of those crimes. In 2012, Jamaica's murder rate reached 45.1 per 100,000. In 2010, a days-long gun battle sparked in the streets of Kingston (
Tivoli Gardens Tivoli Gardens, also known simply as Tivoli, is an amusement park and pleasure garden in Copenhagen, Denmark. The park opened on 15 August 1843 and is the third-oldest operating amusement park in the world, after Dyrehavsbakken in nearby Klam ...
), opposing the police force against the supporters of US-convict Christopher Coke. In September 2015, the government launched the "Get the guns" campaign (similar to a
gun buyback program A gun buyback program is one instituted to purchase privately owned firearms. The purported goal of such programs is to reduce the number of guns sold illegally. A buyback program would provide a process whereby civilians can sell their privately o ...
): 130 illegal weapons and 1,500 rounds of ammo were collected in two months. All through 2015, 584 illegal firearms were collected by the police. A majority originated from the United States. Obama's decision to apply stricter gun laws was seen as a positive decision to reduce the Jamaican black market of firearms. Guns also come into Jamaica from Haiti. In January 2018, after a wave of killing in Montego Bay (335 murders in 2017), the authorities declared a state of emergency in this part of the island. Amnesty International had previously criticized the Jamaican authorities for orchestrating large unlawful killings. In March 2018, the government declared the upcoming amendment of the Firearms Act to discourage the possession of and/or dealing in illegal firearms and ammunition.


Description


Firearms Act

The Firearms Act regulates the ownership and use of firearms and ammunition. It was first passed in 1967, and has been subsequently amended. The Firearms Act prohibits ownership of any artillery, automatic firearm, grenade, bomb or other like missile. Law states that the applicants must have good reason to apply for firearm license without defining what constitutes a good reason, leaving it at the discretion of authority. Firearm licences in Jamaica require a background check, inspection and payment of a yearly fee, and can make legal gun ownership difficult for ordinary citizens. The new judicial procedures of the Gun Court Act were designed to ensure that firearms violations would be tried quickly and harshly punished. Firearm owners who do not wish to travel with their firearms are not allowed to leave them at home. They are obligated by law to deposit them at the local police station for safekeeping. Some airports also have a gun safe-keeping service. Storage costs $300/month ($500 for shotguns). Those found in violation of this law risk a maximum fine of $200,000 and a maximum sentence of 12 months in jail.


Gun Court

The Gun Court was established by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
in 1974 to combat rising gun violence, and empowered to try suspects ''
in camera ''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process wh ...
'', without a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...
. The Supreme Court, Circuit Courts, and Resident Magistrate's Courts function as Gun Courts whenever they hear firearms cases. There is also a Western Regional Gun Court in Montego Bay. Those convicted by the Gun Court are imprisoned for life in a dedicated
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, corre ...
compound at South Camp in Kingston. Until 1999, the Gun Court sessions were also held in the same facility. According to
David Kopel David B. Kopel (born January 7, 1960) is an American author, attorney, gun rights advocate, and contributing editor to several publications. As of August 2021, he is research director of the Independence Institute, associate policy analyst at ...
, the courts also function without the need for hard evidence, for all practical purposes. The testimony of any police officer is always sufficient to secure a conviction. Corroborating physical evidence is never required. For many years the only sentence issued by Gun Courts was indefinite incarceration. Pressure from Amnesty International caused authorities to amend the sentences (post conviction) to life in prison without parole. Anyone convicted in any Gun Court for any offense is removed from Jamaican society permanently.


Criticism

Dean Weingarten (Army Research, Development, Testing, and Evaluation) argued that gun violence kept rising since the government passed draconian laws on gun control. John R. Lott Jr. (Crime Prevention Research Center) made the same observation.John R. Lott Jr.
Jamaica's Bloody Lesson On Guns
''Foxnews.com'', 25 May 2010 (accessed on 25 August 2019)


See also

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Overview of gun laws by nation Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right t ...
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Crime in Jamaica Some areas of Jamaica, particularly population centers such as Kingston, Montego Bay and Spanish Town, experience high levels of crime and violence. Jamaica has had one of the highest murder rates in the world for many years, according to Unit ...
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Green Bay Massacre The Green Bay Massacre was a covert operation on 5 January 1978, in which five Jamaica Labour Party supporters were shot dead after being lured into an ambush at the Green Bay Firing Range by members of the Jamaica Defence Force. Motivation Th ...


References


External links


Firearm Licensing AuthorityThis is how you get a gun licence, legal firearm
{{Gun laws by country
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...