Lawsuit dropped after CoP promises decision on FUL application

A business owner who took the Commissioner of Police to court over the prolonged failure to approve or deny a firearm user’s licence application has been allowed to withdraw the lawsuit after the commissioner undertook to decide on the application.

Justice Avason Quinlan-Williams granted the business owner leave to withdraw the claim for judicial review on September 2. The commissioner agreed to decide on the application by October 20.

The claimant was awarded costs.

The claim challenged the commissioner’s failure to approve or deny the firearm application, arguing that the delay was unreasonable, contrary to section 23 of the Interpretation Act, Chapter 3:01, and in breach of obligations under the Firearms Act, Chapter 16:01.

The claimant first applied for the licence in 2018 due to concerns about personal and business security amid rising crime. A provisional licence was issued in 2021, followed by completion of training and submission of a certificate of competence. Despite a 2021 Firearms Section report that found the claimant suitable, no final decision was communicated.

Between 2023 and 2025, the claimant repeatedly sought updates, including through freedom of information requests and pre-action letters. Judicial review proceedings were filed in 2025, culminating in the September 2 hearing before Justice Quinlan-Williams.

“This case was not about an absolute right to bear arms, but about the commissioner’s duty to make a timely decision under the Firearms Act,” attorney Yves Jacques Nicholson said after the ruling. “Prolonged administrative delay, especially in matters of such importance to an applicant’s safety, undermines good governance and the rule of law.”

Nicholson, instructed by Adrian Thompson, represented the claimant. The commissioner was represented by Naomi Herbert and Tsonda Gayle.

In a statement on July 3, Commissioner Allister Guevarro committed to streamlining the firearm licensing process and eliminating unnecessary bottlenecks.

The statement said he directed all pending firearm application files, containing valid and current supporting documents, to be immediately sent to his office, with the first batch fully adjudicated.

“These files are being returned to the Firearms Permit Unit (FPU) for prompt dispatch, in keeping with the commissioner’s pledge to ensure fairness, transparency, and efficiency in the application process.”

The statement said future submissions sent to his office would be addressed in an expeditious manner.

“In a continued push for procedural clarity and public accountability, Commissioner Guevarro has also directed that no supporting documents are to be submitted directly to the Firearms Permit Unit.”

Applicants were advised to await direct communication from their respective station districts. Only new applications will be accepted at the unit, and any other documents must follow the revised channel of submission, the statement said.

In August, after a ruptured fire-suppression system resulted in flooding at the Police Administration Building, Guevarro assured that the majority of FUL files were not damaged or destroyed. He said only a few files were among those destroyed by the flooding incident at the building.

“Let me be absolutely clear because I have heard the comments and conspiracy theories on social media – the 55,000-plus firearm files are safe and are unaffected.

“They are securely housed at the firearms permit unit. The only files – and I will stress – the only firearm files that were affected were those brought to my office for weekly adjudication.

“So there is no need for panic. Your applications are safe.”

The police service said the flooding incident damaged human-resource documents, FUL files, administrative files and internal memos. Some of the files were said to be “irrecoverable.”

The police service said a list of the files would be published and those affected would be asked to contact the FPU to assist in reconciliation and re-creation of the files.

Guevarro said, “We are currently reviewing the damaged documents to determine what can be salvaged and we will be reaching out to affected applicants and asking them to contact the Firearms Permit Unit to reconcile the files.”