Legislation approved to toughen gun laws
sentences yesterday as a new gun legislation amendment was ratified in the Senate.
The amendment, which was approved unanimously, toughens penalties for the possession and importation of firearms that were already in effect under the Firearms Act of 1973.
Under the new legislation, Government's Senate leader, the Hon. Gerald Simons said as he introduced it, first-time firearm offenders will face sentences of 10 to 15 years in prison, an increase from the current sentence of five to 15 years in jail.
Second-time offenders, the Senator continued, will be punished under the amendment with jail sentences of 15 to 20 years, up from the current term of 10 to 20 years.
In Magistrates' Court, where fines and penalties are less severe, first-time firearm offences will be punished by jail terms of up to five years or fines of up to $10,000, a rise from three years or $5,000, while second-time offenders will face prison terms of not less than two years and not more than 10, a setting of a minimum term on the current sentence of anything up to 10 years.
The amendment, which was passed in the House of Assembly on February 3, comes on the heels of increased concern over the level of violent crime in Bermuda and the calling of a general gun amnesty in the fall.
It now requires assent by the Governor.
"We don't have a frontier mentality in Bermuda,'' Sen. Simons said in his introduction of the amendment. "We don't have the hunting tradition that the Americans do.
"In Bermuda, the main purpose of having a gun is to do significant, severe injury to an individual or to threaten people. This (legislation) will make the criminal element realise that we will not tolerate the use of firearms in the commission of criminal acts.'' While most Senators spoke in unison about the need for the amendment, Senate Opposition Leader Milton Scott voiced his concern that the "causes and prevention of crime'' had taken a backseat to punishment.
He also said that those who were already in the criminal justice system should not be ignored.
"All right-thinking Bermudians would support this type of legislation to stop the proliferation of guns in the community,'' Sen. Scott said. "But while we (in the Progressive Labour Party) support stiffer penalties, we also hope to see an emphasis on rehabilitation.'' "The lock-them-up-and-throw-away-the-key mentality has no place in Bermuda,'' the Senator continued. "In our community, we have written off far too many young people.'' Independent Sen. Alf Oughton , meanwhile, spoke of another issue that he felt should be looked at in conjunction with crime: unemployment.
"It can lend towards crime, and is a social issue that we have to address,'' the Senator said. "At the same time, I certainly hope the judicial system will strictly implement these new penalties.'' Citing a case in which two teenagers recently robbed a younger boy outside a supermarket in Paget, Sen. Oughton added: "It certainly puts the crime situation in a bad light when we have 13 and 14-year-olds holding up 10-year-olds at knifepoint.'' Sen. Lynda Milligan-Whyte (UBP) shared her colleagues' concerns over the level of crime on the Island, but said that Bermudians should not be looking to Government as the sole answer to the problem.
"It (the combating of crime) should be a community effort,'' Sen.
Milligan-Whyte said, "and unless we learn to accept the problem as a community we will not come to grips with the full extent of the problem.
"Government, yes, has a role to play. It should deter violence wherever it can. But we -- and I mean all Bermudians -- also have to get involved in the problem.'' Referring to Sen. Scott's suggestion that the UBP was focusing too much of its attention on punishment, she added: "This particular legislation is just one aspect of Government's overall plan to deal with the problem of violence in our community. Government doesn't take a uni-dimensional approach to the issue, and this legislation is a part of the solution -- not the only solution.'' Sen. Gary Pitman (Ind.), meanwhile, said that the amendment had been brought forward at the appropriate time.
"With the recent outbreak of violence in our community, this amendment is very timely,'' he said. "I don't think it is the only solution, but it will make people think twice about using firearms in the commission of crimes.'' On the subject of solutions, he said that parents could stem violence among youths by closely monitoring the media they come into contact with.
"I am very concerned about the abundance of violent videos and movies,'' Sen.
Pitman said. "Some may have a redeeming social message, but we ought to find a way of getting it across to parents and adults that they should not leave these around where children can get at them.
"We do have gangs and posses in our schools, and I'm afraid that our children are being desensitised by these images.'' Sen. Neletha Butterfield (PLP) agreed with Sen. Pitman, saying the key to combating violence was to stop it before it happened.
"We need to get at the root causes of crime, especially among young people,'' she said, asking: "What is happening to them? Who are they getting the firearms from? And for what?'' Continuing on the theme of violent media images, she added: "We do see children acting out violent scenes from television and videotapes. Elmer Fudd is still shooting at Bugs Bunny after many, many years, and Bugs is still alive. So what does that say to our children? It is something that should be addressed, because the media does play an important role, as do the stores that display these guns and toys.'' UBP Sen. Yvette Swan , on the other hand, pointed the finger of accusation at a negative Press, and claimed that greater education was needed to counteract its effects.
"Education is very important, because if Bermuda's hierarchy and Press feed the public whatever they want, the public will take it in,'' she said.
"Many people are followers and not thinkers. They think that if they see it in the Press it is fact. It is therefore the responsibility of the Press corps and the media to give the people the right facts, and to try and reinforce as many positive images as they can.'' Taking umbrage at the attacks on Government's response to violence, she added: "It is time that the United Bermuda Party stopped being blamed for the problems of this Country. The Government is doing a very good job at approaching and dealing with the many problems we are facing.'' Sen. Larry Scott (UBP), meanwhile, said he did not blame the Press for the increase in crime and violence, and told his colleagues that each Bermudian had to assume some personal responsibility for the issue, including politicians.
"I am concerned that we in this place -- as they also do in another place -- often highlight the many affects of violence,'' he said. "I personally do not wish to point a finger at the media for pointing out what it sees as violence or what is said about violence. In this place, we also bring it too much to the fore, and I would like to concentrate on other matters.'' On the subject of personal responsibility, he added: "Unless the individual is willing in his own heart of hearts to accept the advice of others or act in the best interest of the Country, nothing will happen.'' In the final address of the session, Sen. Norma Astwood (Ind.) lamented the fact that the amendment to the Firearms Act was even needed.
Contrary to Sen. Milligan-Whyte, she also said that the responsibility to address crime among youths fell squarely on the shoulders of Government.
"Yes, parents have a responsibility to talk to their children, but it is not a public responsibility to put the measures for learning the appropriate skills in place,'' she said. "It is Government's.'' Citing parenting classes and other social services, she added: "People are not born knowing their responsibilities. They can only be taught and hopefully they will learn.''