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Montserrat — Gun Facts, Figures and the Law

ImpactsDeath and Injury

Homicides (any method)

ChartIn Montserrat, annual homicides by any means total

2008: 11 2
2006: 1
2005: 1
2004: 0
2003: 0
2002: 0
2001: 0
2000: 0
1999: 02
1998: 2
1997: 0
1996: 1

Rate of Homicide per 100,000 People (any method)

ChartIn Montserrat, the annual rate of homicide by any means per 100,000 population is

2008: 20.41 2
2006: 20.6
2005: 20.9
2004: 0.0
2003: 0.0
2002: 0.0
2001: 0.0
2000: 0.0
1999: 0.002
1998: 29.6
1997: 0.00
1996: 12.6
1995: 0.00

ProductionGun Industry

Regulation of Firearm Makers

In Montserrat, the manufacture of small arms, ammunition and/or their components is permitted only if the maker holds a valid licence3

TransfersGun Trade and Trafficking

Firearm Exports

In Montserrat, firearm and ammunition exports are limited by transfer control law4

Small Arms Exports (US$) - Customs

The annual value of small arms and ammunition exports from Montserrat is reported by Customs to be US$139,5115 (2002)

Firearm Imports

In Montserrat, firearm and ammunition imports are limited by transfer control law3

Small Arms Imports (US$) - Customs

The annual value of small arms and ammunition imports to Montserrat is reported by Customs to be US$26,7265 (2011)

End User Certificates

Customs regulations in Montserrat do not include6 certification of the intended end user of any small arms or ammunition transfer, and/or a written declaration of its intended end use

MeasuresGun Regulation

Firearm Regulation - Guiding Policy

The regulation of guns in Montserrat is categorised as restrictive7

Firearm Law

Guiding gun control legislation in Montserrat includes the Firearms Act8

Firearm Regulation Authority

Guns in Montserrat are regulated by the Commissioner of Police9

Right to Possess Firearms

In Montserrat, the right to private gun ownership is not guaranteed by law10 11 3

Restricted Firearms and Ammunition

In Montserrat, civilians are not allowed to possess automatic weapons, air guns, any firearm with a barrel length less than 24 inches, and home-made weapons12

Regulation of Automatic Weapons

In Montserrat, private possession of fully automatic weapons is prohibited12

Regulation of Semiautomatic Assault Weapons

In Montserrat, private possession of semi-automatic assault weapons is prohibited12

Regulation of Handguns

In Montserrat, private possession of handguns (pistols and revolvers) is prohibited12

Gun Ownership and Possession

In Montserrat, only licensed gun owners3 13 14 9 may lawfully acquire, possess or transfer a firearm or ammunition

Genuine Reason Required for Firearm Possession

Applicants for a gun owner’s licence in Montserrat are required to establish a genuine reason to possess a firearm, for example membership of a licensed rifle club13 9

Minimum Age for Firearm Possession

The minimum age for gun ownership in Montserrat is 17 years for purchase, and 14 years for possession15

Gun Owner Background Checks

An applicant for a firearm licence in Montserrat must pass a background check which considers criminal, mental health and substance abuse9 16 records

Reference Required for Firearm Licence

In Montserrat, third party character references for each gun licence applicant are not required6

Domestic Violence and Firearms

Where a past history, or apprehended likelihood of family violence exists, the law in Montserrat does not stipulate6 that a gun licence should be denied or revoked

Firearm Safety Training

In Montserrat, an understanding of firearm safety and the law, tested in a theoretical and/or practical training course is not required6 for a firearm licence

Gun Owner Licensing Period

In Montserrat, gun owners must re-apply and re-qualify for their firearm licence every one year13

Limit on Number of Guns

Licensed firearm owners in Montserrat are permitted to possess any number of firearms6

Limit on Quantity, Type of Ammunition

Licensed firearm owners in Montserrat are permitted to possess any quantity of ammunition6

Firearm Registration

Gun Dealer Record Keeping

In Montserrat, licensed firearm dealers are required17 to keep a record of each firearm or ammunition purchase, sale or transfer on behalf of a regulating authority

Gun Sales and Transfers

Regulation of Private Gun Sales

In Montserrat, the private sale and transfer of firearms is prohibited3 4

Regulation of Dealer Gun Sales

In Montserrat, dealing in firearms by way of business without a valid gun dealer’s licence is unlawful3 17 4

Waiting Period for Gun Possession

In Montserrat, the minimum wait for a lawful firearm purchase to be completed is undetermined6

Storage and Transport of Guns and Ammunition

Firearm and Ammunition Storage Regulations - Private

Firearm regulations in Montserrat include18 written specifications for the lawful safe storage of private firearms and ammunition by licensed gun owners

Firearm and Ammunition Storage Regulations - Dealer

Firearm regulations in Montserrat include17 written specifications for the lawful safe storage of firearms and ammunition by licensed arms dealers

Carrying Guns

Carrying Guns Openly in Public

In Montserrat, carrying a firearm in plain view in a public place is prohibited19

Carrying Hidden Handguns in Public

In Montserrat, carrying a concealed firearm in a public place is prohibited19

Penalty for Illicit Firearm Possession

In Montserrat, the maximum penalty for unlawful possession of a firearm20 is five to seven years in prison21

Collection, Amnesty and Destruction Programmes

Destruction and Disposal Policy

In Montserrat, it is state policy22 to destroy surplus, collected and seized firearms rather than return them to the secondary arms market

MeasuresInternational Controls

United Nations Membership

In the UN List of Member States, Montserrat is not a Member State of the United Nations23

Wassenaar Arrangement

The Wassenaar Arrangement on Export Controls and Conventional Arms and Dual-Use Goods and Technologies does not list24 Montserrat as a Participating State


Short References

1.

UNODC.2014.‘Homicides in Montserrat.’ Global Study on Homicide 2013: Trends, Context, Data.Vienna:United Nations Office on Drugs and Crime (UNODC),10 April. (Q10127)Full Citation

2.

UNODC.2013.‘Homicide in 207 Countries - Montserrat.’ Global Study on Homicide 2011: Trends, Context, Data.Vienna:United Nations Office on Drugs and Crime,26 June. (Q6358)Full Citation

3.

Montserrat.2000.‘Requirement for Licence.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3637)Full Citation

4.

Montserrat.2000.‘Sales of Firearms and Ammunition.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3642)Full Citation

5.

Marsh, Nicholas.2014.‘Database of Authorised Transfers of Small Arms and Light Weapons.’ NISAT Small Arms Trade Database.Oslo:Norwegian Initiative on Small Arms Transfers,22 December. (Q16)Full Citation

6.

Montserrat.2000.‘Firearms Act.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q4349)Full Citation

7.

Newton, George D and Franklin E Zimring.1969.‘Firearm Licensing: Permissive v Restrictive.’ Firearms & Violence in American Life: A staff report submitted to the National Commission on the Causes and Prevention of Violence.Washington, DC:US Government Printing Office,1 January. (Q22)Full Citation

8.

Montserrat.2000.‘Firearms Act.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3634)Full Citation

9.

Montserrat.2000.‘Licences.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3641)Full Citation

10.

Sherman, Amy and Tom Ginsburg.2014.‘Gun Rights in National Constitutions.’ Marco Rubio Says Second Amendment Is Unique in Speech to NRA.Miami, FL:Miami Herald (PolitiFact Florida),29 April. (Q8507)Full Citation

11.

Zachary Elkins, Tom Ginsburg and James Melton. 2013. ‘U.S. Gun Rights Truly Are American Exceptionalism.’ Bloomberg (USA). 7 March. (N422) Full Citation

12.

Montserrat.2000.‘Prohibited Weapons and Ammunition.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3636)Full Citation

13.

Montserrat.2000.‘Firearm Licence.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3638)Full Citation

14.

Montserrat.2000.‘Ammunition Licence.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3639)Full Citation

15.

Montserrat.2000.‘Acquisition and Possession of Firearm by Minor.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3646)Full Citation

16.

Montserrat.2000.‘Possession of Firearms by Persons Previously Convicted of Crime.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3644)Full Citation

17.

Montserrat.2000.‘Firearm Dealers.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3640)Full Citation

18.

Montserrat.2000.‘Storage of Firearms and Ammunition.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3645)Full Citation

19.

Montserrat.2000.‘Carrying Firearm in a Public Place.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3643)Full Citation

20.

GunPolicy.org. 2015. ‘Penalty for Unlawful Firearm Possession.’ Definition and Selection Criteria.
Sydney School of Public Health, 22 January.
(G93) Full Citation

21.

Montserrat.2000.‘Punishment for Other Offences.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3647)Full Citation

22.

Montserrat.2000.‘Powers of Commissioner to Store Firearms.’ Laws of Montserrat, Chapter 10.02, Firearms Act and Subsidiary Legislation, Revised Edition showing the law as at 1 January 2008.Plymouth:Law Revision Commissioner,15 November. (Q3648)Full Citation

23.

UN.2013.‘Member States of the United Nations.’ UN.org Web Site.New York, NY:United Nations General Assembly,7 April. (Q290)Full Citation

24.

Wassenaar Arrangement.1996.‘Introduction: Participating States.’ Wassenaar Arrangement on Export Controls and Conventional Arms and Dual-Use Goods and Technologies.Vienna:Wassenaar Secretariat,12 July. (Q19)Full Citation