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Tough gun law changes tabled in the House

New legislature tabled could allow Police to hold firearm suspects for as long as a month without pressing charges.

And a second bill put before the House of Assembly yesterday would make it more difficult for firearms suspects to receive bail.

Shadow Minister for Justice Trevor Moniz said he generally supports the move, which give the Police more powers to fight the growing rate of gun violence.

However BDA MP Mark Pettingill called some of the changes "pretty draconian."

The legislation was put forward just hours after the shooting death of 24-year-old Dekimo Martin.

Speaking on the proposed changes last month, Minister of Justice Kim Wilson said: "This will greatly assist the Police in execution of their duties as well as providing them better control."

If passed, the Firearms Amendment Act 2010 would allow Police to ask Supreme Court for a warrant for detention without charge in the case of firearms offences.

If the court agrees, suspects could be held for as long as 14 days while Police obtain evidence, perform interviews and/or receive the results of forensic testing.

Police are able to apply for a 14-day extension at the end of that initial two-week period, stretching the total time a suspect can be held to 28 days.

After that, Police must either press charges or release the suspect with or without bail.

Under current laws, suspects can be held without charge for 72 hours.

The Act would also increase the penalty for such offences as possession, discharge and sale of firearms.

First time offenders for these charges currently face 10 to 15 years' imprisonment. Under the proposed act that punishment would increase to 12 to 17 years' imprisonment.

A second offence would lead to between 17 and 20 years in prison.

The Act would also make it an offence to handle a firearm or ammunition. Persons involved in hiding or keeping firearms could face 20 years' imprisonment.

Another section of the Act make it an offence for licenced gun owners not to report missing firearms or ammunition.

Meanwhile, a second piece of legislature, the Bail Amendment act 2010, would remove the 'presumption in favour' of bail.

Normally it is presumed that a defendant deserves bail. As a result the prosecution has to argue for bail restrictions or for the suspect to be remanded.

Without the presumption of bail, the defendant must argue why he shouldn't be kept in jail pending trial. The move makes it more difficult for bail to be granted.

The only other offence given this treatment is that of murder.

The act would also allow the Police to confiscate travel documents or order the use of electronic monitoring for those on Police bail.

Right now, such conditions can only be imposed after a person has been charged in court, allowing suspects to leave the Island while investigations are ongoing.

It would also allow Police to order those on Police bail to avoid meeting with certain people, including witnesses.

Shadow Justice Minister Trevor Moniz said that he generally supports the amendments, but expressed disappointment that they were so long in coming.

"It looks like a step forward, but it seems like they are moving a little bit slow," he said.

"We expected to come back to the house and have something in front of us tackling this problem, but we did relatively little over the last few weeks.

"It's been very disappointing that the Government hasn't been more active."

BDA MP and lawyer Mark Pettingill praised the amendments to the bail act, but expressed concerns about the changes to the firearms act.

While he agreed that Police need to be given better tools to deal with the Island's gun problem, he said holding someone without charges for 14 days was going too far.

"It's pretty draconian," he said. "If they have enough evidence to hold someone for that long, they should have enough evidence to charge them.

"We have to do something, but we also have to ensure that we have a balance. We can't give up our human rights.

He also dismissed the value of harsher prison sentences saying: "The sentences for firearms are already harsh, and that doesn't seem to be discouraging anyone.

"They're just not afraid of prison."

Since last May, nine people on the Island have been killed by gunfire, but no one has been charged in any of the murders.