MPs raise penalties for guns
new firearms penalties in the House of Assembly.
Premier the Hon. Sir John Swan delivered a stern warning against automatic weapons getting into Bermuda as he introduced the Firearms Amendment Act 1994.
Sir John told MPs they need only turn on the television to see the extent to which firearms have endangered Americans.
He noted Washington DC violent crimes expert Dr. Beverly Coleman-Miller, here for the national conference on violence, had said latest statistics showed that every two days, three young people were shot to death.
"With 3,000 people per square mile, Bermuda's whole livelihood is based on security and the freedom of the individual to get out and feel reasonably safe.'' Sir John said it may be coincidence, but since he announced plans last year to sharply up penalties for firearms offences in the midst of an Island-wide gun amnesty (which resulted in the turning in of a number of illegal weapons), "We have not been confronted with the use of firearms except for someone firing at Horseshoe Bay.'' Sir John said the Amendment Act: Increases the minimum prison sentence from five years to ten for first time offenders convicted on indictment (in Supreme Court) of possessing, importing, carrying, manufacturing, repairing or supplying a gun or ammunition; Would make those convicted for a summary firearms offence (in Magistrates' Court) for the first time liable to receive a prison term of up to five years and/or a fine up to $10,000. Currently, a first summary conviction brings up to two years in prison and/or a fine of up to $5,000; Similarly doubles penalties for firing a firearm without a licence and other gun offences; Leaves unchanged at ten to 20 years in prison for a first offence and 20 years to life for a second penalties for using a firearm while committing or attempting to commit an indictable offence; and Introduces a penalty of 12 to 17 years in prison for conviction on indictment for supplying firearms to someone under 17.
At the time he announced the proposed law changes as the gun amnesty drew to an end, Sir John also announced large new rewards for information from the public leading to a conviction -- $5,000 for gun offences and up to $10,000 for a drug offence.
Magistrates would have discretion over the laws in the event of "pleasure craft'' coming here unaware of local laws, Sir John said.
But the Act and its broad range of penalties was intended to "rid the country of firearms''.
Opposition Leader Mr. Frederick Wade said the Progressive Labour Party had decided to fully support the Act.
"We believe we must send the a clear signal to the community that we will not tolerate guns and firearms offences in the community. Everyone from the smallest child can appreciate what a gun can do. You can pull out a gun and with one single action take a life.'' However, noting the PLP had been accused by the UBP in the past of being "misty eyed liberals'', Mr. Wade said the PLP stood by its beliefs that criminals should be helped and the source of crime plugged.
"It is Government's duty to provide some means of support (for the unemployed) so we don't have desperate people in our Country and I am ashamed to say we do have people in our Country unable to meet their commitments who have been forced to enter the criminal world.'' The remark sparked disagreement from Tourism Minister the Hon. C.V. (Jim) Woolridge.
But Mr. Wade shot back: "If (Mr. Woolridge) doesn't believe there are people in this country who are desperate because they are unemployed then he lives with his head very deep in the sand.'' That comment prompted one of a several "keep-to-the-subject'' warning from the Speaker the Hon. Ernest DeCouto .
But Mr. Wade countered: "Violence experts will tell you that social conditions do have something to do with crime,'' he said. People were falling through the cracks in the education system. The evils of drugs were a result of people looking to generate income. And drugs were leading to firearms being brought in, he said.
"We have heard stories about gangs, groups, posses forming. We have heard people have territories where their drug sales are done. Certain gangs operate, control and command those areas and protect them with weapons ranging from helmets to baseball bats to knives and even guns.'' While on the issue of drugs and violence, Mr. Wade accused Government of being "paralysed'' in the so-called war on drugs.
He also took the opportunity to take a stab at Government for not inviting the PLP to the national violence conference this week, although "our members went anyway out of interest''.
Turning to the Police' role in combating crime, he wasted no time in condemning the Governor's "divisive'' decision to pass over "two qualified Bermudians'' and bring in British commissioners. It left the public more unwilling to support the Police, he said.
As for criticism of the PLP for not knocking the decision to hire a foreign Attorney General, Mr. Wade said: "No Bermudian wanted the job. I understand the people who were offered the job were all non-Bermudian. So I had no axe to grind. No Bermudian was being passed over for the post.'' But the Hon. Ann Cartwright DeCouto (UBP) fired back, "My information is entirely contrary. A Bermudian and at least another Bermudian applied for the job.'' She chastised Mrs. Lois Browne Evans, saying she was "rabble-rousing'' for interpolating that the applicants were "not born Bermudians''.
Noting the Spinning Wheel nightclub double shooting last year, Mrs. Cartwright DeCouto said the Act was a "timely response to a problem in the community''.
She disagreed guns were being used by "people who fell through the cracks or the hole in the ground Mr. Wade speaks of''.
"Are the people using guns using them to forward illegal activities because they can't get an honest day's work,'' she asked. "In my view no!'' People who resorted to using lethal weapons were people who had "planned and given great thought as to how they were going to get a gun into Bermuda''.
"You don't get them out of the garbage can,'' she said.
"Smuggling a gun into the Country or purchasing it from someone who managed to do so are not the actions of a poorly educated person who slipped through the cracks. In my view they are the actions of cunning and intelligent people.
I do not accept the spin on the ball that the Opposition has given.'' Mrs. Cartwright DeCouto concluded by warning friends or family of people in possession of guns to turn them or their weapons in, anonymously if they want, before their "nearest and dearest'' were hurt.
Mrs. Browne Evans said putting yourself in a position to try and understand a criminal "does not make you soft on crime. It makes you a compassionate person. That's what wrong with this society. We write off too many people.'' She added the PLP had long supported gun crackdowns -- fighting the local rifle clubs and other gun lobbyists -- but it was only "after a Governor was killed'' that the heat was turned on.
"We spoke not for the gangsters, but the ordinary Joe Blow. And I knew of no black person who had a gun. When we asked for the list of people licenced to have guns it did not comprise of very much of the community we represent.'' In speaking on the Act, the PLP was only concerned the root causes of crime would be addressed.
"It's all right to increase the penalties but we must do other things.'' Family values, the sanctity of marriage and the lack of pre-marriage counselling that church ministers were giving were among her concerns.
Regarding bringing the cat o' nine tail back to Bermuda, Mrs. Browne Evans said: "If anyone had a person in their family who had been whipped with a cat o'nine tail they would never sign a petition.
She added: "Those people that want it to come back have never known the horror of it. We will not inflict cruel and inhumane punishment on a human being. I hope we never see the day that this Government passes the law.'' Mrs. Browne Evans also said that Bermuda can not treat people in an inhumane fashion.
Mr. John Barritt (UBP) said that the Government needs to send a message to the community that guns are not allowed.
"What ever your beef is you have no right to use firearms,'' he said. "That is the point of this bill.'' It was not fair to say that people born in poverty tend to be the ones to take up firearms. "There are many people who have made it out of poverty,'' he said.
Mr. Alex Scott (PLP) discussed the situation of Bermuda's Police Force having to deal with people who carry guns.
"We have had a US consultant come to Bermuda and tell us that every two days three people are lost to firearms.
"On this side, we see this as a serious matter and on the border of crisis,'' Mr. Scott said.
He added: "There are soldiers who are sent out to deal with what is happening in the community and they are the Policemen and officers, not the Premier or the Members of Parliament.'' Bermuda had to make sure the Police are equipped to take care of the task.
"Our Police are now taking on other Bermudians who are a threat to the Government, the community and Bermuda's laws. Have we equipped these Police men and women to go forth,'' he asked.
He also added that Bermuda's Police were being forced to go out unequipped.
"I know the importance of having a Police officer in the community who knows who the culprits are, but it can't be done if we have Police from the West Indies and Britain.'' Government did not understand the significance of having indigenous people policing Bermudians.
"Foreign Police come and learn at our expense. Much is happening in the streets which our Bermudian Police could tackle,'' Mr. Scott said.
"We have to make sure that we take total control of our country. Bermudian Police need to be walking the streets instead of doing stationary duties like sitting at the Airport.
"Bermudian Police can go into a club and help while a foreigner will go into a club and make the situation worse.'' Mr. Scott also said that Government was demoralising Bermudian Policemen and women and "we have sent mixed signals. We have to make sure our people administer our culture and our community.
"Bermudian Police can also tell us where the firearms are and who has them.
Let's rethink the whole notion of restructuring the Police force.'' Minister of Transport the Hon. Mr. Maxwell Burgess (UBP) said: "It is illegal and wrong to use drugs and it is illegal and wrong to use guns. Drugs is not an excuse to have a gun, and had Mr. Scott said that message I would have bought into his speech.'' Continued in Monday's newspaper.