Fi We Children Foundation joins call for review and reform of Firearms Act

September 27, 2026

The Fi We Children Foundation (FWCF) has joined the Jamaica Bar Association and the Advocates Association in calling for a review and reform of the Firearms Act, particularly its mandatory minimum sentencing provisions.

The foundation said that it is concerned that mandatory minimum sentences can significantly restrict a judge’s ability to consider the individual circumstances of a case, including the age, role, vulnerability and personal circumstances of a child in conflict with the law.

The FWCF said of particular concern is the application of lengthy mandatory sentences to possession simpliciter, in which a young person may have possession of a firearm without evidence that they used it, discharged it, or were involved in a wider firearm related offence.

The foundation gave for example a 15-year-old who is instructed by an older person to hide or store a firearm in a tenement yard and is found in possession of it.

It said in such a case the circumstances surrounding how the child came into possession of the firearm, the influence of adults, the child’s age and level of involvement are all relevant considerations.

FWCF stated that it is concerned that mandatory minimum sentencing can leave insufficient room for the court to properly account for those circumstances.

FWCF lamented that Justice Minister Delroy Chuck has indicated that the current law provides consideration for the accused persons to provide information to law enforcement in exchange for consideration of their sentencing.

However, FWCF is concerned that this approach does not adequately account for the realities facing young people who may fear retaliation against themselves or their families if they provide information to law enforcement.

The foundation is also concerned about the implications for children who plead guilty.

It outlined that a mandatory sentence of 15 years before consideration of parole would represent a substantial period of a child’s development being spent in custody.

This it highlighted raises serious child rights concerns.

FWCF therefore calls for meaningful consideration of age-appropriate sentencing, judicial discretion and the individual circumstances of children in conflict with the law as part of any review of the Firearms Act.

The foundation also urges the government to establish a clear timeline for addressing the concerns that have been raised about the legislation.

It highlighted that these matters should not remain unresolved while waiting indefinitely for parliament to determine when legislative changes will be made.

FWCF further clarified that it recognises the serious threat posed by firearms and gun violence in Jamaica but noted that efforts to address violent crime must also uphold due process, accountability and the rights of children.

The foundation lamented that the protection of the public and the protection of children’s rights should not be treated as competing objectives.

It reiterated that Jamaica can pursue strong measures against gun violence while ensuring that children who come into conflict with the law are treated in accordance with child justice principles and international standards.