Dana Malcolm 

Staff Writer 

Americans need to check their luggage for contraband including bullets before leaving home or expect long jail times and hefty fines that advice is coming from within their own country courtesy of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

In an article last updated February 14, 2024 the ATF said.

“While you’re packing your sunscreen and snorkel gear, don’t forget to check your luggage and clothing to remove all guns and ammunition. Many countries in the Caribbean do not allow possession of firearms or ammunition unless you have a local permit and, if arrested while traveling, the United States Embassy will not be able to secure your release.”

Recent arrests of visitors in the Turks and Caicos islands for ammunition possession have garnered international attention highlighting two interwoven issues: Americans may not be researching the laws of their vacation destinations well enough (despite encouragement from the ATF) and Caribbean countries may not be doing enough to publicize their laws.

One of the most publicized arrests, that of Ryan Watson, a father of two who entered the country with 4 bullets which he and his wife say was a mistake, is one example.

“We were trying to pack board shorts and flip flops,” Valerie Watson told CBS News. “Packing ammunition was not at all our intent.”

When Magnetic Media visited the official Turks and Caicos Tourism Website, listed at the bottom of the home page were entry requirements. A click on the entry requirements tab revealed in the very first paragraph, this statement:

“In order to bring in firearms of any type (including spear guns and Hawaiian slings), one must have written approval from the Commissioner of Police.”

It’s a clear warning, though it does not mention the mandatory 12 year sentence or the fact that ammunition possession carries the same penalty.

Regardless, it’s there for all potential visitors to see; In fact the Turks and Caicos’ warning is more forward facing than its nearest comparable neighbors who arguably have a much longer reach and more experience in tourism. Magnetic Media found it difficult to find any such warnings on the VisitJamaica or the Bahamas.com websites.

It’s a stark contrast to the ATF website which warns over and over “Convicted offenders can expect long jail sentences and heavy fines”

“If you are arrested for gun trafficking abroad, you could be imprisoned, fined or both, and the State Department will not be able to secure your release”

Despite this many Americans continue to make the same mistake, with four such cases pending this year.

Increased diligence from firearm holders and an increased visibility of local laws could work in tandem to protect guests and the tourism industry Caribbean Countries rely on.

Simultaneously, others, arguably the loudest voices, are calling on the government to repeal the law and make provisions for those who may have had no intent to smuggle anything into the country.

Possessing an illegal firearm and ammunition are considered one of the most egregious crimes in the Turks and Caicos Islands. Therefore, as a deterrent, word of harsh sentence add-ons should spread quickly to would-be criminals and make one think twice before arming themselves with an illegal or unlicensed firearm.

All eyes are on TCI as the recent commentary on the complex issues surrounding tourists inadvertently caught in the web of our stringent ammunition laws. It’s clear that while these laws were designed to curb violence, they may not have adequately accounted for scenarios involving non-malicious intent.

Therefore, one must ask does the punishment fit the crime?

The stark reality facing our tourism industry due to these incidents cannot be overstated. We risk not only harming innocent lives but also damaging a vital economic engine.

Nonetheless, we should not and cannot allow outside influence to hold our country hostage to certain demands for failure of a traveller to do their due diligence when travelling to a foreign country.

With that being said, is it time to rethink how we can enforce our laws while still protecting the spirit of hospitality that defines us?

Additionally, serious considerations of intent is both progressive and necessary when adapting our legal framework.

For first time offenders, perhaps implementing fines with rehabilitative measures rather than severe incarceration could indeed serve as a more effective and humane deterrent.

Despite the few tourists being caught up in this quagmire situation, a number of our young men in TCI who faced similar charges have already been handed their fate, serving 7-12 years in prison.

Most citizens would strongly agree punishment for such crimes need to be on a case by case basis. Not ruling out a short stint in prison in addition to hefty fines. Moreover, redirecting such fines to fund community and youth programs could offer long-term benefits, fostering a safer and more engaged community.

This is a pivotal moment for the Turks and Caicos Islands to demonstrate flexibility and compassion in our legal system, ensuring it remains robust yet fair. It’s crucial that we continue this conversation and work towards solutions that reflect both our values and the complexities of modern governance.

Although harsh, the disposition of these cases if not aligned with our strict laws, it could be sending a dangerous and conflicting message to potential visitors, as ignorance of the law should not be tolerated.

The outcome will also highlight the glaring contradiction as it relates to recent sentencing of local individuals for similar offenses. Hopefully it will prompt legislators to take a second look at the laws and display a willingness to consider how they might more reasonably revise it.

If not already in place, this should include creating some sort of a safety net that allows judges to sentence below the mandatory minimum for first time offenders, and give them a second chance if doing so will not endanger the public.

The courts should not be callously handing down these verdicts, especially to our youth who are

first-time offenders and without physically harming an individual.

In my opinion, what the courts failed to take into consideration is the negative impact it will have on the same group of young adults our country is trying to help and protect.

The impact on the individual and the community can sometimes produce absurd and unintended results.

It’s imperative that law makers find that balance.

For example, possessing ammunition without a valid permit may result a lesser fine for a first-time offender compared to someone with a history of similar violations.

Conversely, using or carrying ammunition in commission of a violent crime or trafficking ammunition illegally may result in a higher fine or imprisonment.

Any proposed revision to the law should not only be done to appease our tourism industry, but to help save our youth from themselves.

It’s obvious this law alone is not stopping the violence or importation of illegal ammunitions or weapons.

Since there is no cookie cutter approach to these types of challenges, I think it’s extremely important that before any country mimic or adapt the laws or policies of others, it’s imperative that they conduct their own thorough research and analysis to determine the long and short term impact.

Given the serious consequences of violating ammunition laws, it is essential for individuals and responsible firearm holders to understand and comply with these regulations. Compliance with ammunition laws is not only a legal obligation but also a moral imperative that promotes the well-being of the communities and individuals alike.

Ed Forbes

Concerned Citizen

Wilkie Arthur

Freelance Court Correspondent

#TurksandCaicos, April 25, 2024 – He was busted at the Howard Hamilton Providenciales International Airport on Friday, April 16, 2024.

He allegedly had in his luggage four (4) rounds of 6.5mm ammunition on his departure to his homeland in Oklahoma in the United States of America (USA).

Ryan Watson and his wife were arrested and placed into police lock up. Both were later granted police bail, and upon return to police station the Monday after the couple’s arrest, the husband alone was charged by detective Police Constable Kimberlee Markland for unlawful possession of the four rounds of ammunition.

Watson was escorted to court on Tuesday, April 23rd, placed before the learned Chief Magistrate Mr. Jolyon Hatmin and remanded to His Majesty’s Prison until his sufficiency hearing on June 7, this (2024) year.

His counsel, Mr. Oliver Smith KC and his junior assistant Mrs. Kimone Tennant immediately sought bail for him in the Supreme Court which was heard the following day (Wednesday April 24) before her Ladyship Ms. Tanya Lobban-Jackson and was granted bail, without hassle in the amount or $15,000.00 cash or surety.

The Crown, in the person of senior public prosecutor Ms. Tassja Mitchell did not oppose bail.

Magnetic Media can report that once again on the afternoon of the Tuesday April 24th, after the accused RYAN TYLER WATSON, 41 was remanded by the Magistrate’s court, the U.S. Embassy issued an warning to it’s citizens and travelers to carefully check their bags when traveling to Turks and Caicos Islands (TCI) as TCI authorities are strictly enforcing firearm and ammunition laws and if found you could go to prison for 12 years.

A real question of great concern and public importance is: should the TCI courts sentence tourists to the full mandatory minimum of 12 years imprisonment for simple possession firearm and/or ammunition.

The succinct answer is: Yes!

The Court of Appeal, just last month said in its written judgment that “ALL PERSONS,” including tourist/visitors must go to prison if found guilty or pleas guilty to firearm and ammunition offences.

However, there remains the concern about how much time in prison a judge should give a visitor regardless of the existence of exceptional circumstances.

Should the judge imprison a visitor to the territory, who may have been wrongly informed, for example, the full mandatory minimum term or must a reduced prison term be imposed.

If TCI judges start to give less than the mandatory minimum to tourists/visitors, it is being strong and widely advocated by senior defense attorneys that the same must apply to local or residents of these Islands, who may also present exceptional circumstances.

Arguments about the equity in delivery of justice is what drove the question to the Court of Appeal late in 2023. The decision came this past February.

‘We cannot find ourselves sentencing tourists regardless of exceptional circumstances to lesser sentences, and when those same exceptional circumstances are found in local cases, it’s being ignored by our judges.’

Human Rights Attorney, Sheena Mair has on more than one occasion argued this point; including in firearm and ammunition bail applications. She would put the very same judges and prosecutors from the Office of the Director of Public Prosecution on the spot by reminding the judges and the prosecutors that precedent has been set.

‘You’ve just granted bail to a tourist for firearm and ammunition but now here’s a local person, same charge but because he’s a local he can’t get bail?  He has to be remanded pending a trial that could take years before it’s heard?’

Mair has valiantly outlined the wrong in this and clearly stated this practice is “not fair” and it’s “not proper administration of justice in the Turks and Caicos Islands.”

Ms. Mair further complained that tourists would plea guilty to possession of firearm and ammunition and be released on bail pending sentencing but as for a local, he or she has to wait on remand at the Department of Corrections and Rehabilitation pending sentencing.

The attorney criticizes the optics of such decisions and is on record reminding the Judge that the Court of Appeal has already set out that the law applies to everyone; visitors and locals alike.

A police statement issued Wednesday April 24 informs: “Today (April 24th), Mr. Watson appeared in the Supreme Court and, following a bail application, was granted $15,000 bail with the following conditions:

1)  Not travel out of TCI without the court’s permission.

2)  Surrender his passport and all other travel documents to the   court

3) Report to Grace Bay Police Station on Tuesdays and Thursdays between the hours of  8 am-4 pm,

4) Reside at the given address in Providenciales; any address change will be provided before the court.”

The American from Oklahoma whose story is trending in the US and has been carried by leading news networks was joined by a host of loved ones at the Courthouse.