Gun amnesty removed from SoE regulations

REGULATION 11 of the Emergency Powers Regulations 2024, which imposed a gun amnesty, has been revoked.

The amendment to the emergency powers regulations 2024 is reflected in Legal Notice No 15, published in the Gazette on January 16, and signed by President Christine Kangaloo.

A release from the Office of the Attorney General and Ministry of Legal Affairs e-mailed to the media at 9.54 pm on Thursday said the Cabinet agreed to amend the regulations by deleting regulation 11.

"Cabinet was advised that in the fast-evolving circumstances of the December 29/30, 2024, regulation 11 had been lifted from the previous state of emergency precedents in 2011 and 1990," the release said.

It added that the regulation was inconsistent with the current government policy, which opposes the offering of firearms amnesties.

While regulation 11 was included in the original 2024 emergency regulations, it was never put into effect, since no period for it was prescribed nor was there an order to activate it, the release reminded.

"Accordingly, regulation 11 never took effect. Further, all firearms recovered to date under the 2024 SoE have been as a result of seizures by law enforcement and not through the surrender of firearms."

The Government reiterated its commitment to the safety and well-being of the nation, emphasising that the emergency powers regulations, 2024, as amended, remain in effect to ensure continued law and order during the current SoE.

"The safety and well-being of the population remains of paramount importance to the Government of the Republic of Trinidad and Tobago and so the 2024 Emergency Regulations (as amended) remain in force."

On January 14, Chamber director of the Attorney General’s Secretariat Solange de Souza confirmed plans to remove the provision, which permits the government to declare a gun amnesty.

She was responding to an objection raised by attorney Gerald Ramdeen. He represents attorney Dayadai Harripaul, who sought to challenge the gun-amnesty regulation.

De Souza said the regulation merely authorised the declaration of an amnesty and was never operationalised. She said it mirrored similar provisions in earlier emergency regulations in 1990 and 2011.

"As we noted in our earlier letter…Regulation 11 merely purported to give a power to order an amnesty which power was never exercised.

"In this regard, it reflected similar such powers which had been given by earlier regulations issued during periods of public emergency, namely, the Emergency Powers Regulations 1990 and 2011."

Ramdeen had issued a pre-action protocol letter on January 6, challenging Regulation 11, which provided immunity from prosecution for individuals surrendering firearms, ammunition or explosives during a prescribed amnesty period.

A day later, De Souza asked Ramdeen to hold his hand on filing a legal claim until the Government obtained advice from senior counsel to determine the merits of the proposed challenge and any necessary remedial measures "to ensure the constitutionality of the intended amnesty."

De Souza also advised that Regulation 11 was not yet in operation as the prescribed period had not yet been determined.

She also gave the assurance no action would be taken to activate the regulation until a response was provided.

On January 12, National Security Minister Fitzgerald Hinds said the gun amnesty was never the Government’s policy.

Opposition Leader Kamla Persad-Bissessar raised the issue of the legality of a gun amnesty on January 13, during her contribution to the debate on an extension of the SoE in the Parliament.

The SoE has been extended for three months, to April 14. It was declared on December 30, in response to "imminent gang-related reprisal attacks, involving the use of high-calibre weapons and a resulting threat to public safety."