Civilian sale, possession of tasers is unlawful under Firearms Act – AG Nandlall

Attorney General and Minister of Legal Affairs, Anil Nandlall, said that the sale, purchase, and possession of Taser guns by civilians are prohibited under Guyana’s Firearms Act. Nandlall made the clarification during his Issues in the News programme, in response to questions about the reported sale of Taser equipment at commercial establishments in Guyana.

The Attorney General pointed to Section 32 of the Firearms Act, which prohibits, without the authority of the minister, the manufacture, sale, transfer, purchase, acquisition or possession of certain firearms and weapons. “Taser guns or taser equipment, as they are normally referred to, are prohibited under the Firearms Act of Guyana,” he noted.

He explained that the legislation covers weapons designed or adapted to discharge a noxious liquid, gas or other thing, adding that the reference to “other thing” can encompass the electrical current discharged by a Taser.

He also referenced the English case of Flack v Baldry, in which the courts considered whether an electrical stun gun fell within the prohibited weapons provisions of the United Kingdom’s Firearms Act.

He noted that the language of the relevant provision in the UK legislation is identical to the corresponding provision in Guyana’s law.

The Attorney General pointed to the Police (Amendment) Act of 2021, which introduced the legal framework for the use of less-lethal weapons by the Guyana Police Force.

The legislation identifies conducted electrical weapons, including tasers and stun guns, among the less-lethal weapons that may be used by police. “So tasers were introduced in the law here. And the police were permitted to use these among these non-lethal weapons,” he said.

He argued that the specific legislative amendment allowing police to use Tasers further demonstrates that civilians do not have an automatic legal authority to possess the weapons.

“The reasoning is, if the police had to get an amendment of the Police Act to use taser guns and equipment listed here, it applies for sure; it applies with greater force that civilians do not have the legal authority to possess such a weapon,” he said.

Just recently, 93 ranks of Police Division No. 3 completed a two-week training programme on the safe use of stun guns, as the Guyana Police Force continues to strengthen its capacity to use less-lethal options during confrontations.

Under the penalties cited by the Attorney General, a person convicted summarily could face a fine and imprisonment, while conviction on indictment carries a significantly higher term of imprisonment.

The Attorney General’s comments come as concerns have been raised about Taser guns reportedly being available for sale to members of the public.