A Sangre Grande businessman who is a holder of a Firearm User Licence (FUL) and who sought to have it varied so that he could acquire a pistol has received the court’s permission to challenge the Police Commissioner’s failure to make a decision on his application.
Khansaran Sarran said he was granted a FUL in 2002 which entitled him to own a shotgun.
In July 2015, he sought to vary the FUL so that he could acquire a pistol to protect his business and his family.
He has been waiting since for a response from the Commissioner of Police.
Sarran said he felt the need for a pistol because of the ‘disconcerting crime endemic’ and threats to his life and business operation. His business is located in Sangre Grande, while he resides in Las Lomas.
His lawyers, Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh and Lana Lakhan, filed a judicial review application which was granted by Justice Frank Seepersad on Friday.
Sarran is seeking to have the court declare that the CoP’s failure/or refusal to make a decision to either approve or deny his application for the variation is unreasonable, contrary to law and violates his rights.
He argued that the CoP had a statutory obligation under Section 13 of the Regulations to the Firearms Act to consider his application for the variation.
As part of his lawsuit, Sarran is seeking to compel the CoP to make a decision within seven days of his application for judicial review being granted. He also said having made certain inquiries himself, it is his belief that the Commissioner ‘maintains a practice of failing and refusing to timely grant or deny applications.’
Sarran said he was also prepared to approach the Firearm Appeal Tribunal if his application for the variation of the FUL is eventually refused by the commissioner.