Defence attorney Kymberli Whittaker has warned that Jamaica’s firearm law unfairly treats imitation guns the same as real firearms, carrying penalties of up to 15 years in prison. She argued that while replicas and toy guns can intimidate, they cannot cause physical harm and should not attract identical sentences. Whittaker urged lawmakers to review the legislation, stressing that the lack of judicial discretion risks criminalising children, artists, and even the creative industries that rely on props.

Defence attorney wants urgent review of penalties under firearms law

Jamaica Gleaner/22 Sep 2025/Tanesha Mundle/Staff Reporter 

CONCERNED ABOUT the harsh penalties faced by individuals, including children, for possessing imitation firearms, a defence lawyer is calling for an urgent review of Jamaica’s firearm legislation.

Under the Firearms (Prohibition, Restriction and Regulation) Act, 2022, possession of a fake or imitation firearm carries the same penalty as possession of a real firearm, up to 15 years’ imprisonment.

The Act defines an imitation firearm broadly to include anything that has the appearance of a firearm, regardless of whether it can actually discharge a shot.

“This means that a toy gun, a prop weapon used in film or theatre, or even a crafted replica can fall under the same category as a real, functioning firearm,” said Kymberli Whittaker.

“As the law now stands, an individual found with an imitation firearm is treated no differently than one found with a live weapon capable of causing death.”

Whittaker warns that the law leaves little or no room for judicial discretion, even in cases involving children or clear artistic or educational use.

“The courts are bound to impose the statutory penalty, leaving little or no room for judicial discretion, regardless of the actual risk posed,” she said.

She noted that clients brought before the courts under this provision are refusing to plead guilty – not because they deny possession, but because they are unwilling to accept a conviction that carries the same stigma and punishment as a real firearm offence.

SHOULD NOT BE TREATED THE SAME

Whittaker argues that while imitation firearms can be used to intimidate, they cannot cause physical harm and should not be treated the same as real guns under the law.

“An imitation firearm cannot discharge bullets. It cannot wound or kill. While it can be used to intimidate, the fundamental difference between a real gun and a fake one should not be ignored in law. Treating both as identical erodes the principle of proportionality in sentencing.”

She added that the harsh penalty is making it difficult to resolve cases efficiently.

“Pleading guilty to a gun that cannot kill is on nobody’s to-do list. Whether adult or child, no one will choose 15 years behind bars. This results in protracted trials, clogged courts, and wasted judicial resources, none of which serve the interests of justice.”

Whittaker also expressed concern for the creative industries, which routinely use imitation firearms in movies, plays, and television productions.

“As drafted, the Act even criminalises props used in movies, plays, or television productions. Surely this could not have been Parliament’s intention. The creative industries, already under financial pressure, now face the risk of criminal liability for using what are plainly artistic tools.”

She warned that the public might be unaware of the scope of the law and could be unintentionally criminalised.

“A parent purchasing a toy gun for a child for career day, filming a music video, theatre director sourcing props, or a collector of replicas may all fall within the broad net cast by the legislation.”

In light of these issues, Whittaker is urging Parliament to reconsider the current structure of the law and implement reforms that differentiate between real and imitation firearms.

“A more reasonable framework would differentiate between real and imitation firearms, with lesser penalties for imitation firearms, provide exemptions for legitimate uses of imitation firearms in film, theatre, education, and recreation, and preserve judicial discretion, allowing the courts to tailor sentences to the actual risk posed by the accused’s conduct.

“The truth is a law intended to curb gun violence has been extended to cover harmless replicas, punishing individuals, including children, as though they posed the same threat as armed criminals. This cannot be the true intention of Parliament. Jamaica needs a firearm law that is firm, fair, and proportionate and not one that criminalises conduct far removed from the dangers of real gun crime” she said.

For feedback: contact the Editorial Department at onlinefeedback@gleanerjm.com.