BROWN SUES FLA - Former dealer says delayed certificates crippled firearms businesses

Businessman Kent Brown is pursuing nearly $9 million in special damages against the Firearm Licensing Authority (FLA), alleging that the agency's failure to issue renewal certificates after approving his licences led to the collapse of his firearms-related businesses.

 The lawsuit was filed in March 2022 and a defence from the FLA in 2023. A hearing date has not yet ben set.

 “We’re waiting on the Supreme Court registry. We have filed our pleadings and it’s a very strong case,” said Hugh Wildman, who is representing Brown in the matter.

 According to court documents seen by The Gleaner, Brown, a firearms holder, gunsmith, firearms range operator, firearms dealer and firearms trainer, is seeking $8.8 million in special damages, aggravated damages, general damages, interest on those damages under the Law Reform (Miscellaneous Provision) Act, and legal costs along with any other relief the court deems fit.

 He argued that the FLA’s reported negligence caused the closure of his firearms range, Kent Brown Tactical Training Center (KBTTC) and KBA Dealers Jamaica Limited, which he operated from two locations – Shop 9, 137 Maxfield Avenue, Kingston 10, and Temple Hall in St Andrew.

 Brown, in his sworn affidavit, said the FLA failed to issue the dealer certificates, having approved the licences for renewal.

 Further, he said the state body failed to respond to the various requests by him for the issuing of the said certificates. Additionally, he said the FLA failed to inform him of any issue concerning the non-production of the certificates.

 He also indicated that he was first issued a firearm user's licence in 1987, a firearms trainer’s licence some time in 2006, and around 2007 or 2008, he opened KBTTC.

 A few years later, in or around September 2011, Brown said he opened KBA Dealers Jamaica Limited, a firearms dealer.

 He said up until the filing of court proceedings, he had operated KBA Dealers Jamaica Limited and had “successfully and continuously” renewed his licences for 11 years.

 The former dealer said upon renewing the licences, the FLA issues certificates authorising the operations.

 Brown said that when equipped with the certificates, he was able to import firearms, ammunition, parts and accessories, among a host of other related business.

 He said on or about May 7, 2021, he applied to the FLA for a renewal of his various licences – two dealer licences for Maxfield Avenue and Temple Hall, and his gunsmith licence for both locations.

 He said he also applied for a renewal of his firearms user's licences.

 In renewing the licences, Brown said he submitted the necessary documentation to the FLA and paid the requisite fee of $450,000.

 He said the renewals were approved on the same day and the renewal application forms were stamped to indicate that the licences were approved for renewal.

 The man said that having been approved, he had been waiting for the certificates for the renewed licences to be issued.

 He stated that on or about May 17, 2021, he wrote to the FLA enquiring when the certificates would be ready for collection.

 Two days later, he said he sent an email to the FLA’s director of certifications and applications but received no response.

 He said a letter sent to the FLA from Wildman also went unanswered.

 “Having not been supplied with the certificates, the claimant (Brown) has suffered considerable loss in not being able to operate his business in the absence of the certificates. KBA Dealers Jamaica Limited, on average, annually makes $120,000,000,” the lawsuit claimed.

 It said the FLA owed Brown a duty of care, in that, having approved the licences for renewal, it ought to have known that he would conduct his business affairs on the expectation that the said certificates would be issued, given that the licences were approved for renewal.

 It argued that the FLA breached the said duty of care by failing to issue Brown the certificates.

 “The defendant knew, or ought to have known, that by failing to produce the said certificates, the claimant would not be able to operate КВА Dealers Jamaica Limited,” the documents said.

 Further, it said the FLA knew, or ought to have known, that by not issuing the certificates, Brown would be unable to import, sell and trade in the firearm business.

 “As a result of the defendant's negligence in the non-production of the certificates, the claimant has suffered loss and incurred considerable expense,” the lawsuit said.

 Brown, arguing for special damages, said he incurred costs amounting to $954,000 for the Jamaica Public Service, an Internet service and closed user group cost of $648,000, KingAlarm (monitoring and response) charges of $240,000, salary/severances of $5,200,000, rental payment and maintenance of $1,260,000, and company car expenses of $522,000.

 But the FLA, through its CEO Shane Dalling in a nine-page response, said Brown’s renewal application forms were not stamped “approved for renewal". He said only the FLA’s board can approve renewal of a licence or certificate.

 Dalling said the application forms were stamped approved for renewal “solely for administrative purposes”.

 Further, he denied that the FLA owed Brown a duty of care, asserting that because of this, it could not have breached it.

 He denied everything outside of what it explicitly admitted, and argued that Brown must prove his accusation in court.

kimone.francis@gleanerjm.com