A HIGH Court judge has given permission to 28 business people and homeowners to challenge the delay by the commissioner of police in making a decision on their firearm user’s licence (FUL) applications.

On Tuesday, Justice Nadia Kangaloo granted leave to the 28, who said they received their provisional firearms licences, completed their training and submitted their certificates of competence, but are yet to receive FULs.

The delays they complained of ranged between 22 and 25 months.

The judge also granted a former soldier permission to challenge the commissioner’s decision to keep his firearm which was seized after it was accidentally discharged in 2020.

They are represented by attorneys Jagdeo Singh, Leon Kalicharan, Karina Singh and Vashisht Seepersad.

Their complaint is that Commissioner Erla Harewood-Christopher “omitted, failed, neglected and refused to make a decision on their FULs despite having satisfied all requirements of the law and policy on the granting of firearm licences."

They want declarations that the commissioner breached and failed to perform her duty under the Firearms Act and there has been an unreasonable delay.

They also want the court to declare that the commissioner's delay is unlawful and illegal and they have been deprived of their legitimate expectation of a decision. Their application asks for orders directing her to make a decision in seven days.

The claim also seeks constitutional redress for the protection of the law.

The application sets out the process and requirements to obtain a FUL. One of the applicants, a doubles vendor, said he enquired several times about his application and not having been told there was an issue to hinder him from getting it, he believes there is no good reason why the commissioner has not made a decision.

“I am a doubles vendor and due to the high crime rate, I am more susceptible to being a victim of crime without a FUL and firearm. I am unable to protect myself and my family from criminal elements.

“I am also concerned for the safety and security of my family as I am unable to protect them fully due to the high crime rate in the country."

Another applicant, a former soldier, said he began taking steps to get an FUL while in the army because of his concern for his family.

He received his licence in 2008 and successfully renewed it up to 2023. The FUL allows him to carry two firearms – a shotgun and a pistol – and ammunition.

The former soldier said he had no issues relating to his licence until 2020, when there was an incident of an accidental discharge of the pistol at a shop in his neighbourhood.

He said he carried the pistol when he went out at night because of robberies in the area and on that day, the button on his trousers failed, causing it to become loose and while he was trying to secure his firearm, it went off accidentally.

He shot himself in the lower abdomen and was treated at hospital. He reported the incident to police and they seized his licence, the two weapons and his ammunition pending their investiga