High Court affirms Firearms and Ammunition Control Board’s regulatory authority; Dismisses claim of being political biased and discriminatory

By Jose Luis Cruz: Belmopan, Belize: The High Court of Belize issued a landmark judgment in late July, 2026, reaffirming the statutory authority of the Firearms and Ammunition Control Board (FACB) in the administration and regulation of firearms licensing under the Firearms Act.

The decision arose from judicial review proceedings brought by Abner Murillo and Lock N Loaded Guns and Ammunition Belmopan Limited against the FACB and the Attorney General, in Claim No. 823 of 2024, challenging several licensing decisions and administrative actions taken by the Board.

In its judgment, the Court upheld the FACB’s authority to administer the Firearms Act following the legislative transfer of licensing powers from the Commissioner of Police to the Board. The Court confirmed that licenses issued after that statutory transfer by the Commissioner of Police were legally invalid because the authority to issue such licenses had already been vested in the FACB.

The Court also dismissed allegations that the FACB acted with political bias or discriminated against the claimants. Applying the legal test for apparent bias, the Court found there was no evidence that the Board’s decisions were influenced by the Minister of Home Affairs or any improper consideration. Similarly, the constitutional claim alleging unequal treatment under section 6(1) of the Constitution was rejected.

In recognizing the nature of firearms regulation, the Court emphasized that the licensing of firearms, firearms dealers, instructors, and shooting ranges involves significant public safety considerations. The judgment acknowledged that the FACB is entitled to carefully scrutinize applications, verify supporting documentation, and ensure compliance with statutory requirements before granting licenses.

While the Court made limited findings on certain procedural aspects of the Board’s administration, it largely upheld the FACB’s statutory mandate and dismissed the principal claims challenging the Board’s independence and regulatory authority. The Court awarded the claimants nominal constitutional damages of BZ$5,000 each, reflecting the limited nature of the findings, while declining to grant the broader constitutional relief sought.

The decision represents an important precedent for firearms regulation in Belize. By confirming the FACB’s legal authority, rejecting allegations of bias and unequal treatment, and recognizing the Board’s responsibility to regulate firearms in the interest of public safety, the High Court has reinforced the FACB’s role as Belize’s independent firearms licensing authority.

Former inaugural Chair of the Firearms and Ammunition Control Board and former CEO of the Ministry of Home Affairs, Sharole Carr-Saldivar, welcomed the Court’s decision, describing it as an important affirmation of the Board’s statutory role. “When the Firearms and Ammunition Control Board was established, it began with no dedicated staff or institutional infrastructure. Every policy, procedure, and licensing framework had to be developed while simultaneously assuming responsibility for a completely new regulatory regime. The Court’s decision confirms that the Board acted within its legal mandate on the principal issues before it and reinforces the importance of maintaining an independent firearms regulator committed to public safety.”

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