#TurksandCaicos, June 12, 2023 – A stark increase from 7 to 12 years mandatory prison sentencing for illegal firearms possession in Turks and Caicos Islands; this is the newly amended law.
Possessing an illegal firearm is considered one of the most egregious crimes in TCI. 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.
Unfortunately, this doesn’t seem to be the case. Whilst notable progress has been made with reducing violent crimes in TCI, more must be done to stem the flow of illegal weapons into the country.
Based on the continuous firearms related violence, it’s evident a number of weapons are still ending up in the hands of individuals who shouldn’t have them.
It would be remiss of me if I fail to commend the bravery of our dedicated police officers who are often confronted with these challenges in their efforts to deter and rid the streets of these illegal firearms.
Nevertheless, I have ambivalent feelings about the haste in which this amended law was implemented. It came on the backdrop of the rash of gun related homicides several months ago that were connected to gang violence.
Furthermore, studies have shown there is little evidence to support the intended purposes of firearm sentencing enhancements, reducing crime rates and gun use.
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 we are trying to help and protect.
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. The impact on the individual and the community can sometimes produce absurd and unintended results.
It’s obvious this law alone is not stopping the violence or importation of illegal weapons. In addition, these felons are not serving life sentences and will eventually be released into society.
Many concerned citizens are watching and awaiting the verdict associated with the recent revelations on April 25th, 2023, of an American tourist who was arrested at the airport for unlawful possession of a firearm and ammunition and was subsequently granted bail.
The disposition of this case if not aligned with our strict laws, could be sending a dangerous and conflicting message to potential visitors, as ignorance of the law should not be an excuse.
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.
There are others, but I can cite one example of an incident that was brought to the public attention that still raises some questions or lacking follow up information.
A few years ago, a mechanic/boat operator was arrested for firearms found on a luxury yacht in Turtle Cove. If I’m not mistaken, he is not serving a 7 year minimum sentence which was the law at the time. It goes to show that those in the upper echelon of society always have the advantage.
It is time for our judicial system to take a hard look at how this law is negatively impacting the marginalized communities, and stop pretending that the penalties for illegal possession of a firearm apply universally across this country.
I have absolutely nothing personally against the mechanic/boat operator or the American tourist, but does the law only apply to some? If there are legal loopholes in the law, let’s make every effort to close them.
Apart from the fact that there could be inherent biases in the laws, are we conducting our own intensive research to see why more and more of our youth are illegally arming themselves?
Could it be because of the recent rise in gang violence and their fears of insecurity? Did the pandemic contribute to increase social anxiety? Have they lost confidence in our law enforcement ability to resolve reported crimes within a reasonable timeframe?
In an interview with a recently released felon, he expressed his remorse for his involvement in a crime he was convicted for. The challenge facing him now is a struggle to find an employer who is willing to give him a second chance.
These are all valid and real concerns and must be dealt with in this country. With that being said, we should not make our young men the scapegoat of our broken society. Until we can effectively tackle the source, it will only result in a mass incarceration problem.
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 impact.
The fact of the matter is, TCI is not in the position as some of the other developed countries in terms of having the necessary available resources to deal with this growing problem.
The government must dig deeper, and invest in more community driven social programs such as, a pre-release job training services and work release programs for ex-felons etc. Once released, without real intervention, rehabilitation and support, this could result in the perpetuating of criminal behavior.
Despite the controversial nature of this law, I appeal to our young men. We understand due to certain circumstances beyond your control, be it mental or emotional, many of you are struggling with temptation to do the wrong thing.
We hear you, I can assure you that your life is worth more than any problem you are facing. Think twice, Stop the senseless killings, Don’t throw away your freedom with the mere possession or use of an illicit firearm.