A. Enact/Stiffen laws to provide for: 1. Increase penalty for illegal gun possession 2. Increase penalty for crimes committed with a gun or when a gun is otherwise used during the course of a crime 3. Increase penalty for anyone who aide and abet a gun crime 4. Increase penalty for anyone who hides, stores, destroy or otherwise secrete” a gun used in the course of committing a crime 5. Treat illegal possessor of gun as an importer (Astaphan’s proposal) 6. Treat illegal supplier (who may not be the importer) of gun as an importer 7. Increase penalty for illegal supplier of gun 8. Make illegal supplier as well as an importer an accessory to any crime committed with gun he/she supplied or imported or if gun is otherwise used during the course of a crime B. Mitigating Factors to Reduce Certain Penalties 1. If possessor of a gun or user of gun in criminal activity gives the name of person who either imported the gun or supplied the gun (if possessor is not the same person) 2. If possessor of gun or user of gun in criminal activity gives name of person who he or she knows has any gun or may have used a gun to commit a crime 3. If possessor of gun or user of gun in criminal activity gives the name of person who knows of other persons who may be importing, supplying or otherwise providing guns, or if possessor of gun or user of gun in criminal activity gives information relating to how to get or import guns into SKN and if such information leads to the arrest and conviction of persons gun running or the recovery of gun 4. If the supplier or provider of gun is a “middle man”, her or she provides name of person that provided the gun to him or her or imported the gun”” and if such information leads to the arrest and conviction of the person or the recovery of gun 5. If supplier or provider of gun provides info of others who may be “middle men or women” or importer of guns 6. If supplier or provide of gun provides info relating to other crimes or criminal activities in which he or she may have been involved or to which he or she has knowledge 7. And for any other information relating to gun the person who committed the crime with a gun or the provider may have.” 8. Query if importer should be accorded any benefits hereunder if he or she provides info concerning other importer or supplier of guns (who are not importers), or anyone who has committed a crime with the use of a gun or anyone in possession of a gun C.””””””” Exemption: A person who provides, supplies or imports a gun through a business legally established/registered/licensed to import, provide or supply gun(s) in St. Kitts or Nevis is not guilty as provided above unless he or she knows that the gun sold or otherwise provided to a person is to be used in criminal activities or knows the person to be a criminal or otherwise should know that the gun is likely to be used in criminal activities or that the person the gun is sold to or otherwise provided to is in the business or is likely to be selling illegally to others or is otherwise engaged in illegal activities Knowledge to be determined from the totally of the evidence and circumstances D.””””””” Police Powers/Crackdown ” 1. Strengthen/enact laws to provide for discretionary stop and search (without””” warrants) 2. Stop and search in public places such as clubs and other such establishments without notice to public 3. Police presence, permanent or at discretion without warning, at key functions or outside clubs or other late night places of business 4. Ability to immediately and without warrant to search home or residence of person found with a gun during such stop and search a. consideration should be given that a person found in possession of a gun may have friends or other family members who may by use of a cell phone alert other family or friends of person found with gun to hide, conceal or otherwise dispose of guns that may be at that person’s place of residence b. provisions should be made that the police or other law enforcement authorities can act to prevent such if there is probably cause given at the scene where the person is found to be in possession of a gun c. upon the search of a person’s home/residence hereunder, the police or other law enforcement/national security officers should then seek a ‘satisfaction of probably cause” warrant to avoid claims of illegal search or seizure 5. Seizure of cell phone or anything else in possession of person found with a gun during stop and search and authority to subpoena the records (all calls and text messages) of the cell phone of that person E.”” Amnesty If amnesty is considered, law must provided that a firm date will be given each time an amnesty period is to be declared (if the law allows for more than one amnesty periods); the law must state that the national security minister along with his police/national security team the authority to give a firm date for the amnesty period. It should further be declared in each instance exactly what the ramifications will be (such as crackdowns and other enforcement) after the amnesty period, such that no mitigation will be accepted, except as provided in B above and under very strict application of B, but otherwise full prosecution of the law A cutoff date must be provide for those who can claim amnesty, such as the date the proposed laws were tabled or the date the proposed laws were made public or became known to the public or the date the law was enacted. This is to provide that no one can seek amnesty if they commit a crime in hopes of receiving amnesty because they expect to be protected. 1. no person shall receive amnesty hereunder if he or she did not turn in the gun or provide information that leads to the recovery of a gun or guns used in commission of a crime or as otherwise provided below 2. gun turned in by those in possession without questions (or unless it can be determined that the weapon was used in the commission of a crime or capital offense, whichever is preferable by the authorities) 3. gun turned in by person who did not use weapon in the commission of a crime, but a. who aided, abetted or otherwise assisted the person who used the gun during the commission of the crime, or b. had hidden or otherwise secreted the weapon (person did not aide or abet but became an accessory after the fact) 4. Person provides information that leads to the recovery of the weapon by the police or other law enforcement authorities if that person a. Aided or abetted the person who used the gun during the commission of the crime, or b. hid or otherwise secreted the weapon (person did not aide or abet” but became an accessory after the fact)”””””””””” 5. Person who provided the gun to one who committed the crime provides information that leads to the recovery of the gun and either a. the arrest of the person who committed the crime or b. the arrest of person who may have aided or abetted the person who committed the crime (for example, if person who committed the crime has subsequently died) or c. the arrest of the person who may not have otherwise participated in the commission of the crime but who may have hid or otherwise secreted the gun used in the commission of a crime Provisions could be made if the gun was destroyed but the information leads to the arrest of the person who committed a crime with the gun or any other person who comes within this section (section 5) (debate wisdom of this provision ” he say, she say; but the actual evidence, the gun, has been destroyed; so actual knowledge must be supported by proof/recovery of such items taken during the course of a robbery etc need be provided or finger print(s) found to corroborate statement) 6. Any person who may have assisted in the providing of or importation of guns into SKN to person who used such gun in commission of a crime may provide information leading to the recovery of the weapon 7. If no crime was committed with the gun provided by person in section (6), the provider of the gun must give info that leads to the recovery of gun provided and name of person to whom gun was provided or if gun is not recovered a. name of person to whom gun was provided,
and b. name of other supplier/provider or importer of gun, or c. name of other person who may have used a gun during the commission of a crime or who is in possession of a gun 8. Outreach to family members and friends of those who know their family member or friend owns a gun or used a gun in the commission of a crime 9. If gun is in home legally but a family member or friend used the gun in commission of crime, the person who owns the gun must turn in the weapon (and provide name of family member or friend who used gun in commission of a crime/capital offense?) 10. All guns in hands of owners legally must be registered during the period (unless the gun was used in the commission of a crime) and legal purchasers of guns must register same on date of purchase thereafter. F.”” Subsidiary laws/provisions 1. Police may pick up guns from homes or workplace if asked to do so by reporting person 2. Increase penalty for any who attempt to intimidate the police or national security officer or any in law enforcement or his or her family member or who takes reprisals against same or his or her family member 3. Increase penalty for anyone who tries to or seeks to hinder the police or any other national security officer from pursuing any matter hereunder 4. Increase penalty for any who aides and abets under this provision G.” Protecting the Public/Reporting Crimes/Testifying/Rewards For Such 1. A secure line must be provided for those who wish to report any crime or impending committal of a crime be it a gun crime, gun possession, or any other crime” 2. Reward may be offered by government, private individuals or businesses for information leading to the arrest and conviction of any person who committed a crime 3. Reward for information that leads to recovery of guns or info on gun distribution and importation that leads to the recover and/or the arrest of such individual 4. Increase penalty for those who attempt to or take reprisals against anyone who provided information concerning gun possession, gun use or any other crime or impending criminal activity in SKN 5. Increase penalty for any police or other law enforcement or national security person who breach the confidentiality of those reporting any crime or impending criminal activity or possession of or use of a gun 6. Increase penalty for those who attempt to intimidate any who provided information concerning a crime, any criminal activity or impending crime or criminal activity or possession or use of a gun 7. Equal penalty for those who aide and abet in the leak of any information gathered hereunder or in any attempt to intimidate or take retribution against person who provided the info at issue and/or any of his or her family member
