Friday, March 25, 2011

Parliament to discuss new gun licence policy

PHILIPSBURG--Parliament will be discussing the new gun licence policy as drafted by Minister of Justice Roland Duncan during its meeting of Wednesday, March 9.

In the explanation of the new fire weapon ordinance, Minister Duncan states that it was deemed necessary to reformulate the policy on firearms in respect of the right of civilians to defend their person and goods, as well as protecting of the community against violence.

The minister said the new policy was drafted after the Prosecutor's Office and the Police Force of St. Maarten had given their advice on the matter.

Under the new ordinance several conditions will be attached to a permit to possess a fire weapon and ammunition. These include a test concerning the applicant's psychological stability, which has to be carried out by a certified psychological institution, as well as a certificate of good conduct, and a medical report.

Other requirements include a certificate of shooting skills, which is to be provided by the Police. At least three times per year, bearers of a licence will have to take part in shooting exercises, and will also have to submit themselves to an annual test. The results of this test will be contributory to the renewal of a licence.

The Police Force will develop a mandatory training programme, consisting of theoretical classes and practice on the shooting range for new applicants and for permit holders.

Permits will only be issued for one firearm, which may only be a hand-gun or a hunting rifle. The calibre of a fire weapon may not be larger than nine millimetres for a pistol, or 0.38 inch for a revolver.

Licences will not be handed out to minors or to persons who are collecting firearms and ammunition as a hobby.

The holder of a firearm will have the obligation to store the weapon in a safe at home or in an office. The safe will have to meet certain specifications.

In the elucidation of the new gun licence policy, the minister stressed that government is having the monopoly on the use of violence. "Carrying a licence to have a firearm and ammunition at someone's disposal is no justification to use a firearm against other persons. In the use of violence the principle of proportionality and subsidiary [a judicial term to decide whether or not one acted in self-defence, ed.] remains unimpaired. In case of self-defence the judge will give the final judgement whether the violence and the degree of violence were permissible," the minister wrote.

The new gun licence policy will also be applicable to persons who are seeking renewal of their 2010 licences. Based on the advice of the Police, licences will be handed out by the minister of justice.

Source: http://www.thedailyherald.com/islands/1-islands-news/14552-parliament-to-discuss-new-gun-licence-policy-.html

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