No Jail Time for Tourist Found with 44 rounds of Ammo

By Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, May 30, 2023 – David O’Connor has already paid his fine and returned to the United States after agreeing to a guilty plea in mid-May, in his case of unlawful possession of ammunition.  It was an arrest not published by the Royal TCI Police but the matter concluded in the supreme court under Justice, Tanya Lobban-Jackson.

On Tuesday 16th May 2023, a visiting tourist David O’Connor was sentenced and fined between $5,000-$6,000 for illegally being in possession of 44 rounds of ammunition in the Turks and Caicos Islands; O’Connor was not the holder of a firearm and ammunition license which is a crime that carries a mandatory sentence.

The incident took place in late March 2023, at the Providenciales International Airport, as he passed through airport security checkpoint the discovery was made. The accused David O’Connor was arrested and charged.

At his court appearance, O’Connor pleaded guilty to the offense and his attorney Oliver Smith, King’s Counsel put forward legal submissions outlining to the Hon. Lady Justice Tanya Lobban-Jackson that this is a case of exceptional circumstances.

These ‘exceptional circumstances’ allowed the court to depart from the now mandatory minimum of 12 years of imprisonment.

KC Smith presented a number of precedent setting cases from neighboring jurisdictions, citing their striking similarities; referenced were Bermuda, Jamaica, Bahamas and the Cayman Islands.

Like the Turks and Caicos Islands, possession of illegal firearms and ammunition carries with it very heavy, mandatory jail sentences.  However, in the case of tourists traveling to or from the airport with firearm or ammunition the courts would normally depart from a custodial sentence and offer a fine instead of imprisonment. In some cases the authorities making the illegal discovery would sometimes, waive the charge altogether.  This too has also happened in The Turks and Caicos Islands.

The outcome in the court case did elicit some community outrage.  Residents were expressive on what they observed was a double standard in the justice system, giving locals mandatory jail time and a ‘slap on the wrist fine’ to a visitor.

Despite community concerns as it relates to disparities between local firearm offenders and foreign/tourist offenders who are licensed to carry, but in their own home country, there is a recognition by the Courts of the impact on the industry if a tourist were to be locked up for possession of guns or ammunition.

Consideration is therefore given to tourists who admit responsibility; that is they forget having their legal firearm and/or ammo on them at the time of travel.

It is argued that ‘it could be devastating and the TCI courts would appear as unfair in the eyes in the international public.’