Government yesterday agreed to a last-minute amendment to a tough new law aimed at tackling gun crime after a Bermuda Democratic Alliance MP likened it to the oppressive apartheid regime in South Africa.

Backbencher Mark Pettingill, a criminal lawyer, said holding firearms suspects for a month for the purpose of questioning flew in the face of the Constitution and could be deemed aggressive conduct.

He insisted that the reference to questioning be removed from the Firearms Amendment Act 2010; Government agreed to that, along with six other changes, and the legislation was passed in the House of Assembly.

BDA chairman Michael Fahy said afterwards it was unusual for Government to allow amendments once a bill was before the House, adding that his party led the way on getting vital changes made to the legislation.

Under the new law, Police will be able to hold firearms suspects without charge for up to 31 days for the purposes of gathering evidence or obtaining forensic results — but not for questioning.

They will be able to apply for a "warrant of detention" during the first 72 hours after a person is arrested and, if successful, will be able to hold the person for 14 days. A second application for a further 14-day period will be allowed.

Mr. Pettingill told the House during an impassioned speech: "This is what happened in apartheid South Africa — detention without charge."

He said that when the British Government tabled its Counter-Terror Bill proposals to detain suspects for 42 days without charge, Archbishop Desmond Tutu objected, describing it as an "unlawful déjà vu" [of the apartheid regime].

"What are we doing?" asked the Warwick West MP. "We are passing a detention law born out of apartheid."

Mr. Pettingill said that if suspects confessed to Police after days of questioning in detention, those confessions would never stand up in court.

"You are going to raise the issue that it's aggressive conduct," he said. "A 17-year-old, held in a cell who has never been in prison before, is going to sing like a canary.

"That confession will go out of the door and you will be left with no evidence. What we think we'll gain by being harsh at the front door, we are going to lose by the back door."

Mr. Pettingill said the provision to hold suspects for the purpose of questioning would be repeatedly — and successfully — challenged by defence attorneys in the courts.

"We are passing legislation in order to be oppressive," he claimed. "There is a clear oppressive measure in here.

"We are going to hold young men on the basis of allegation without charge. We are going to hold him for 14 days [initially] and say we had reasonable grounds because we understand he had a gun and we want to question him further. We will get gobbled up [by defence lawyers]."

He told MPs: "This is terrorist legislation and some people might say we are being terrorised and I don't disagree with that. I think we are being terrorised by young men with guns shooting each other up."

But he added: "It doesn't fall into the same category as what is deemed to be international terrorism."

The Firearms Amendment Act was proposed by Attorney General Kim Wilson in response to the recent spate of gun killings.

It introduces a new criminal offence of handling a firearm or ammunition, as well as the extended detention measures.

Junior Justice Minister Michael Scott, introducing the bill, told MPs it achieved "an appropriate balance between the rights of suspected violent criminals to due process and the need to ensure public safety and public order".

He said extended detention would prevent potentially dangerous criminals being released before evidence was processed, reducing the risk of harm to innocent citizens and the risk of them fleeing the country "as has recently occurred".

He added that it would also stop charges being brought against a suspect without the analysis of evidence being completed.

Mr. Scott said: "The unfortunate reality is that over the past two years gun violence in Bermuda, particularly gang-related gun violence, has risen so dramatically that it poses a growing threat not only to the lives of innocent citizens but also to the social and economic foundation of Bermuda.

"As the violence continues to escalate, there have been more shootings in the first five months of 2010 then the total for 2009."

Deputy Opposition leader Trevor Moniz said the UBP was aware that Bermuda needed to urgently deal with rising gun crime, but said he would have appreciated more time to consider the bill, which was tabled in the House on May 28.

The Shadow Attorney General suggested the legislation should cover all those who commit serious violent offences. Citing the case of the Cooper twins, who were murdered after being repeatedly beaten with a baseball bat, he said the perpetrators of such crimes should not be treated more leniently than those using a gun.

Mr. Moniz said Government should be looking to implement broad reforms to thwart rising gun crime rather than tinkering with legislation here and there.

"I know the Attorney General has been working diligently behind the scenes but we need more of a high-profile, up front approach by the Premier," he said.

"We would like to see this issue have as high profile within this Government as it has in the eyes of the public."