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Govt to review Penal Code next fiscal year with view to ‘change status quo,’ says AG

By LYNAIRE MUNNINGS 

Tribune Staff Reporter

lmunnings@tribunemedia.net

ATTORNEY General Ryan Pinder said the government will review the Penal Code in the next fiscal year to “change the status quo” and is actively exploring litigation strategies to reduce and gain compensation for gun trafficking to this country.

The Davis administration has shown greater willingness than its predecessors to identify the role the United States plays in this country’s gun problem and to seek remedies.

In 2023, the country joined Antigua and Barbuda, St Vincent and the Grenadines, and Trinidad and Tobago in a $10bn lawsuit to hold US gun manufacturers accountable for the spread of firearms throughout the region. Mexico is appealing its case against US gun manufacturers after a US District Court dismissed their matter in September, concluding that the Protection of Lawful Commerce in Arms Act barred such lawsuits. The defendants in the $10bn suit include seven major gun manufacturers and one gun wholesaler and distributor.

Yesterday, Mr Pinder noted The Bahamas suffers one of the highest gun homicide rates in the world, adding: “It is not a problem of our own making. The Bahamas does not make guns, and it has strong gun laws, laws which we are strengthening.”

“However, our policies are undercut by a flood of guns from the United 46 States. It can be argued that this flood is a direct result of deliberate, reckless, unlawful business practices of gun dealers, manufacturers, and distributors, who choose to place personal profits over public safety.”

He said litigation may be the most effective way to take on the gun industry.

“We are actively exploring multiple litigation strategies with the goal gaining compensation for The Bahamas and reducing gun trafficking,” he said.

“There are viable claims The Bahamas can pursue. Needless to say, we will not stand by and allow reckless and negligent activities of other jurisdictions and companies within those jurisdictions to continue to put our citizens at risk. We will do something, we will be aggressive, and we will pursue our fights on this matter.”

During her visit to The Bahamas last year, US Vice President Kamala Harris announced efforts to combat gun trafficking, revealing that a coordinator for the Caribbean Firearms Prosecutions at the US Department of Justice would be appointed to help crack down on firearm smugglers.

Since then, Prime Minister Philip “Brave” Davis said the United States of America has made headway toward decreasing the illegal trafficking of firearms to The Bahamas. He cited a law passed in the United States to curtail the sale of guns “to what they call straw purchasers”.

As for the penal code, Mr Pinder noted the law originated in 1927 and has had “piecemeal amendments” since then. He said it is appropriate to do a comprehensive review of the code and bring a new one to Parliament.

A penal code is a set of laws and regulations that define crimes and specify the punishments that can be imposed for committing those crimes.

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