Man disputes firearms check

Dennie Warren has been a licensed firearm holder in the Cayman Islands since the mid-1990’s.

Officers arrive

Officers arrive to check Mr. Warrens firearm Monday afternoon. Mr. Warren is pictured in the centre between the two officers.
Photo: Brent Fuller

He’s applied to renew his permit each time the law required and said he’s never had any difficulty with the process…until Royal Cayman Islands Police officers came to his home Monday afternoon.

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‘They looked in the safe (where Mr. Warren keeps his shotgun), counted the ammunition, and looked at the serial number (on the weapon),’ Mr. Warren said. ‘At no stage could they cite to me the authority under which they were doing (the search).’

But police said such an inspection should have been done every three years when Mr. Warren applied to renew his firearms licence, and sooner if he changed home address.

Mr. Warren said the only time police have ever inspected his firearm or the safe he keeps it in was when he first applied for a licence, approximately 14 years ago.

According to a letter distributed by the RCIPS to all firearms licence applicants: ‘Before a firearms licence is granted, a police officer will examine the applicant’s storage facilities to ascertain their suitability. To avoid delays, the safe or locker may be fitted before the application is submitted.’

Mr. Warren said he’s never seen that letter and did not receive one when he went to renew his permit in January. In fact, Mr. Warren said the only time he was informed of such a policy was when he contacted police in early April to determine the status of his licence application.

‘They said the Firearms Law allows them to inspect my safe, to count my ammunition, and to inspect my firearm,’ he said. ‘That assertion I completely disagree with.’

The police service letter distributed with the firearms licence application sets out a checklist of items potential firearms owners must have before making their application. That checklist is not contained in any version of the Firearms Law reviewed by the Caymanian Compass.

However, the initial permit application does ask whether the person has a secure location in which to keep the weapon inside their home or business. The application for firearms permit renewals does not ask that question, although it does require the person to state any change to the circumstances in which they were first granted the permit.

The Firearms Law (2006 Revision) does allow any Justice of the Peace to grant a warrant authorising a search of a person’s home, business or vehicle if that person is believed to possess firearms or a bullet-proof vest in contravention of the law.

The Legislative Assembly was also due to consider a bill this year that would have allowed the RCIPS to make warrant-less searches of locations where officers had ‘reasonable suspicion’ that weapons, ammunition or bullet proof vests were illegally being held. However, that proposal has not yet come before the assembly.

In any case, Mr. Warren said he believes he does not fall into any of the above categories.

‘All of the instances in which the Firearms Law allows for any type of inspection don’t fit me as a law-abiding, registered firearms holder,’ he said. ‘What took place (on Monday) is what I consider to be a warrant-less search of that portion of my home.’

Mr. Warren said he plans to file a complaint with RCIPS about the matter.

There are a number of firearms licences or permits which residents can obtain in the Cayman Islands. The Firearms User’s (Restricted) Licence allows a permit-holder to have a weapon in a specified area, such as a home or business.

Licensees are generally not allowed to carry weapons outside confined spaces unless they are given special permission to do so by the police commissioner. Cayman Islands gun club members are allowed to transport their weapons to the island’s shooting range. There is also some limited provision made for hunting on private property.

There are various permits allowed for weapons importers, exporters and gunsmiths, as well as a Firearms Disposal Permit, which is required before someone sells, gives away or disposes of a firearm.