The National Commission on Small Arms and Light Weapons (NACSA), has called for the judiciary to impose stricter punishments on individuals found in possession of unlicensed firearms.
Speaking to The Independent Ghana, the Deputy Director of Policy, Planning, Monitoring, and Evaluation (PPME) at NACSA, Gyebi Asante, highlighted the urgent need to review existing laws governing firearms possession to better align with current security challenges.
“We are advocating for the law to be reviewed to suit the current situation and also be able to align with our current dispensation. It is something we have taken steps to do. Already we have a proposed Bill, National Arms Bill at the Ministry of Interior to look at the document and endorse it. For example the penal sanction, when you have a law that regulates the possession of arms that can kill, you must have a strong penal sanction that can deter people from going behind the law to buy these weapons so the law as it is now is not deterrent enough,” he added.
He emphasized that the current penal sanctions are insufficient to deter illegal arms possession.
According to him, the existing law stipulates a maximum jail term of five years or a fine of up to 1,000 penalty units, equating to 12,000 Ghana Cedis.
He added that there is no minimum penalty established, allowing judges to exercise discretion in sentencing.
This loophole, he indicated, has led to situations where individuals found guilty of illegal gun possession could potentially pay as little as 100 Ghana Cedis or serve a mere two weeks in jail.
“For example it says that you can be jailed for not more than 5 years and you can also be fined for not more than 1,000 penalty units. A penalty unit is 12 is 12 Ghana Cedis that makes it 12,000 Ghana Cedis not beyond but it doesn’t give a minimum. If you are arrested for illegally possessing a gun, the judge uses his discretion and he can decide that go and pay 100GH and if you don’t pay you will go to jail for two weeks because the law does not give you any minimum requirement. We see that as a serious challenge and a gap in the law that must be addressed,”he added.
Mr Asante revealed that the Commission has laid before the Ministry of Interior a proposed, to amend the current Arms and Ammunition (Amendment) Act, 1972 (Act 604).
The National Arms Bill aims to close the existing gaps in the law, ultimately working towards a safer environment for all Ghanaians.
Additionally, he emphasized the urgent need for the bill to be enacted into law to ensure effective control and regulation of small arms and light weapons (SALW).
Established by an Act of Parliament in 2007, NACSA’s mandate includes regulating the possession and control of small arms and light weapons, with a particular focus on curbing illegal production, trade, transfer, and cross-border movement of such weapons that contribute to crime and insecurity.