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Firearms Fight Heads to Court - Licensing

Caymanian Compass (Cayman Islands)

15 August 2011

By Brent Fuller

Relevant contents

Law review

According to a March 2010 decision by the Cayman Islands Complaints Commissioner, Cayman's top cop can make unilateral changes to firearms applications forms…

According to firearms applications forms reviewed by the Caymanian Compass, there have been several changes to the initial application document set forth in the Firearms Regulations (1999 Revision).

In forms previously published on the RCIPS web site, there were several requirements for firearms applicants that are not set out in the regulations. Those include seeking two letters of reference from "prominent persons in the community (e.g. doctors, lawyers, MLAs)", a letter from the Agriculture Department if the weapon is to be used for hunting, and supporting documentation from the Cayman Islands Gun Club if the gun owner is a member.

None of these requirements are set out in the 1999 Firearms Law Regulations forms.

Also on the newer forms, applicants are required to declare that they have not been convicted of a criminal offence "anywhere in the world at anytime". They also agree to give RCIPS officers the right to inspect at anytime the safe where a weapon must be kept.

These declarations are also not required in the 1999 version of the application forms contained in the regulations attached to the current law…

That law (2008 revision) states: "The governor may make regulations for the better carrying out of this law and, in particular … for prescribing anything required or permitted by this law to be prescribed."

According to definitions given in the law, "governor" means the 'governor in Cabinet' or all members of that body, not the governor acting in his sole discretion…

[RCIPS = Royal Cayman Islands Police Service]

ID: N258

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