September 23, 2020

Cayman Islands Police Inspector detained at airport with undeclared firearm and ammunition

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Marlon BoddenFollowing a request by Cayman lawyer Peter Polack, , Deputy Collector of H.M Customs Department, Cayman Islands confirmed that Royal Cayman Islands Police Service () , a Jamaican National, was detained at the Owen Roberts airport by Customs with his undeclared private firearm and ammunition.

Bodden said, “The circumstances in itself did not relate to an undeclared private firearm and ammunition. It related to an explanation that Mr. Burton had forgotten that he had placed his unloaded personal license firearm in his hand carried bag in order to give it to a named person (reflected on his initial firearm license) for safe keeping during the period he would be off island and his private home being unoccupied. The detection was made when his hand carried bag was being x-rayed. This being the case HM Customs made the decision (in consultation with the RCIPS) that this matter is best dealt with Administratively. The firearm was retained by HM Customs and the matter referred to the RCIPS for further investigation.”

The incident occurred on 10th October, 2014, and along with his firearm his ammunition was also seized by Customs.

Inspector Burton was not arrested and the RCIPS has not as yet commented on the matter as to what is the stage of this investigation nor whether the police officer has been suspended or allowed to continue working.

 

From Firearms Law (2006 Revision)

PART II- Importation or exportation of firearms

3.

(l) No person shall import into or export from the Islands a firearm except under and in accordance with the terms of a Firearms Import Permit or a Firearms Export Permit, as the case may be.

Restriction on importation or exportation of firearms and bullet-proof vests

(2) No person shall import into or export from the Islands a bullet-proof vest except with the prior written approval of the Commissioner.

(3) Whoever contravenes subsection (1) is guilty of an offence and liable on

conviction-

(a) where the offence is in respect of a firearm referred to in subsection (5), to a fine of one hundred thousand dollars and to imprisonment for twenty years, subject to a minimum term of imprisonment of ten years.

From The Air Navigation (Overseas Territories) Order 2007

57.-(1) An aircraft shall not carry any munition of war unless-

(a) such munition of war is carried with the written permission of the

Governor and in accordance with any conditions relating thereto;

(b) the pilot-in-command of the aircraft is informed in writing by the

operator before the flight commences of the type, weight or quantity and

location of any such munition of war on board or suspended beneath the

aircraft and any conditions of the permission of the Governor.

(2) In the case of an aircraft which is flying under and in accordance with

the terms of a police air operator’s certificate the pilot-in-command of the

aircraft shall be informed of the matters referred to in sub-paragraph (1)(b) but he need not be so informed in writing.

(3) It shall be unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access.

(4) It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any sporting weapon or munition of war unless-

(a) the sporting weapon or munition of war-

(i) is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby;

(ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

(iii) in the case of a firearm, is unloaded.

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