Shane Superville
Senior Reporter
shane.superville@guardian.co.tt
Security and firearms experts warned that there could be serious legal repercussions for owners of legal firemarms if they are not careful in their response to criminal attacks.
In the space of three days, there have been two incidents where Firearm Users License (FUL) holders defended bystanders from armed attackers.
On Thursday night, two bandits who tried to rob the NP gas station near the Maritime Roundabout, Barataria, were confronted by a licensed gun owner. One of the bandits shot at the man, who returned fire, hitting both men.
They were taken to the Eric Williams Medical Sciences Complex (EWMSC) where they were warded under police guard.
Investigators found 11 spent 9 mm shells at the scene.
Early on Saturday morning, a security guard at a bar on the Southern Main Road, Curepe, tried to break up a fight between two men in the parking lot of the businessplace.
One of the patrons reportedly pulled out a knife. The guard told the man to drop the weapon but he continued charging towards the patron.
The guard pulled out his licensed pistol and shot the man.
President of the Estate Police Association (EPA) Deryck Richardson said while private security officers had a right to defend themselves and those around them, they should avoid using excessive force in subduing threats.
He said FUL holders, including security officers, should be aware of the threats they face before confronting criminals.
“You must start by assessing the entire scenario, calling on the person to stop or desist and if they don’t obey, they have a split-second decision to make,” he said.
“There’s a use of force continuum which an FUL holder has to be mindful of. It’s not just because you have a weapon and you see something, you pull out your gun and get involved.”
Richardson said there were also concerns about situations where holders of privately issued FULs used their licensed guns to work as armed security officers.
He warned that this was not the best practice as firearms issued to a private citizen should only be used to protect themselves if they felt their life was threatened directly.
For this reason, security officers should use the firearms provided by the company they work for which is insured with a Firearms User End Certificate (FUEC).
“The FUL is really for your protection, or if you’re in a situation where you can protect someone there are provisions for that but it must be proven that you had no other choice, but there are certain liabilities involved in that.
“You’re not supposed to be using your personal firearm to carry out a commercial act,” Richardson said.
Firearms subject matter expert and consultant Paul Nahous agreed that it was not best practice for security guards to use their personal weapons on the job.
He said while FUL holders are entitled to defend themselves, it was not part of their responsibility to confront criminals unless their lives are in immediate danger.
“It is something they need to be very cautious of because it’s something that can actually get you in a lot of legal trouble if you misjudge a situation.
“That’s why it’s important to learn the law properly and have adequate training. It’s also important to keep a cool head in certain situations,” Nahous said.
“Firearms are a deterrent to crime in that matter, but the more people that have legal firearms and are trained to use them responsibly, the better.”
Nahous further clarified that security guards using privately licensed guns on the job face some challenges.
“If it’s an FUEC that firearm from the company is used for the purpose of duty or a job, it is covered by insurance and other forms of legal protection, but if you have a privately-issued firearm, you still have all the rights in law to defend yourself, to protect people and property, however only in the capacity as a private citizen,” he said.