Over the last two weeks, multiple gun-related crimes have been reported, with many shootings and the resulting deaths tied to organised crime and related activity. Sri Lanka, just a decade out of an internal conflict, has been awash with illegal small arms, allowing many criminal groups to become ‘pistoleros’ riding motorbikes and blasting away anyone they have a grudge to settle with or, anyone who has a contracted ‘hit’ placed on them.
However, unlike the United States, Sri Lanka does not have the infamous 2nd amendment to its constitution, which gives citizens rights to bear arms. In fact, from a civilian perspective, Sri Lanka has some of the toughest gun laws in the world. It is very difficult to obtain a firearm legally in Sri Lanka as ‘an ordinary joe’. Buying one off the streets or from the back of a car boot in an obscure corner of the paradise isle is of course a different story. However, there have long been questions about licensed firearms, their proliferation and if they are used for crime.
In early 2019, the then Ministry of Defence acknowledged a long-standing gap in firearms regulation when the absence of a centralised networked database of vital information relating to firearms licences, came to light. At the time, the MOD said it did not know the exact number of firearms licence holders in the country. When it comes to gun registration and data collection is a weak point. At the time, the ministry admitted that it did not have a networked, registered firearms database for law enforcement officials and regulatory agencies to check compliance or match weapons recovered from crime scenes. The MOD did share some statistics in mid-2019, according to which, there are 21,247 licensed firearms in Sri Lanka under four categories. Of them, 15,783 licensed firearms have been issued for agricultural purposes or pest control and 411 for sporting purposes.
In September 2023, then-Government told the media that it is preparing an amendment to the outdated firearms legislation, with a draft being processed by the Legal Draftsman’s and Attorney General’s Departments.The move came in the wake of a mounting gun crime wave and in the backdrop of an astonishing report that nearly 157 politicians who were issued firearms during the troubled 1980-’90 period have not returned close to 698 guns which were issued to them. The report (3397/2023), which was submitted to the Parliament as a reply to a question (22 August), indicates that hundreds of politicians and party secretaries have been issued with semi-automatic 9 mm pistols and .12-gauge repeater shotguns during the period, with many unaccounted for and not returned.
The new People’s National Power (NPP) Government moved promptly to recall all licensed firearms, days after coming to office. According to the Secretary to the Ministry of Defence, Air Vice Marshal (Retired) Sampath Thuyacontha the Government has taken a policy decision only to issue one firearm per licensee under the ‘self-defence’ category, a license type through which Members of Parliament (MP) are able to apply for a firearms licence once elected and accepted in to the legislature. “We will only issue one firearm for a ‘self-defence’ licence and that too after the law enforcement authorities conduct a threat assessment, which determines that there is an active threat against the person who is seeking the licensed firearm for their protection. Thuyacontha told the press yesterday (29) that following an audit conducted by the MOD, it has been identified that there are 1697 firearm licences issued to 1550 persons. Of the 1697 firearms only 1368 had been returned to the MOD for the audit during the recall period. Which leaves 182 licence holders who have not returned nearly 330 firearms. The Secretary to the MOD stated that they were seeking legal advice from the Attorney General’s Department about taking legal action against those who have not complied. While this move is commendable, it would be prudent for the Government to introduce a well-debated national firearms policy, to better regulate licensed firearms in Sri Lanka.