Coast Guard officer sues over 10-year delay in gun licence decision

A Coast Guard officer has been permitted to challenge a nearly decade-long delay by the Commissioner of Police in deciding his application for a firearm user’s licence (FUL).

Justice Karen Reid granted leave for the judicial review claim, in which the officer, who requested anonymity due to security concerns, alleges that the commissioner has breached a statutory duty by failing to process firearm licence applications from eligible, law-abiding citizens.

The officer applied for an FUL in 2015. A required police investigation was completed in 2016, and he provided all requested documentation. According to the claim, he was later told that the investigating officer had raised no objections, and that the application awaited a final decision from the commissioner.

Despite repeated visits to the firearms permit unit and a 2023 email stating the application was “under review,” no further action was taken.

“There is no further action for the TTPS to complete before the issuance of the provisional licence,” the officer said in an affidavit. “The delay of approximately ten years by the Commissioner of Police to render a decision is unreasonable.”

He also criticised what he described as the commissioner’s restrictive interpretation of the Firearms Act and failure to allocate resources to expedite applications.

He argued that this inaction compromises public safety and infringes on citizens’ right to self-defence.

“The Commissioner of Police has been provided sufficient time to complete any further investigation on the firearm file, and the provisional licence ought to be issued forthwith.

“I have been investigated, and the necessary reports generated. The persistent and escalating rise in criminal activity is a matter of grave public concern.”

He added, “The commissioner appears to be applying an unduly restrictive interpretation of the Firearms Act, while failing to allocate the necessary resources for the efficient and timely processing of firearm user licence applications.

“This dereliction of duty exposes the public to heightened risks posed by criminal elements and constitutes a significant impediment to the lawful exercise of the right to self-defence and personal security.

“I duly applied for a provisional licence and FUL and complied with all requirements to apply for the same, and I am therefore entitled to a decision on my application for a provisional licence.”

The officer is seeking a court order compelling the commissioner to decide on his application. The matter has been set for case management on September 22.

He is represented by attorneys Keron Ramkhalwhan, Anwar Hosein, Lloyd Robinson, and Sumayya Dupraj.