Oklahoma dad could face jail time in Turks and Caicos for ammunition

The story of American tourist Ryan Watson, who was arrested and charged in the Turks and Caicos Islands for one count of possession of ammunition, has gained the attention of US media which reports the Oklahoma dad could possibly face at least 12 years in prison under the TCI’s gun laws.  

The situation has prompted the US Department of State to share for US travellers to the TCI, an Embassy alert message posted by the US Embassy in Nassau which reminded US citizens to check their bags and not carry ammunition or firearms to the Turks and Caicos Islands.  

Watson was held at the Howard Hamilton International Airport on Friday, April 12, 2024, after US media reported that four deer rifle rounds were inadvertently left and found in his luggage. 

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The American tourist is currently on $15,000 bail but is not allowed to return to the US as he was made to surrender his passport and other travel documents. His matter was adjourned to Friday, June 7, 2024, for a Sufficiency Hearing. 

A CBS News report on Wednesday showed Watson’s wife, Valerie Watson, hugging their two young children as she returned to the US from the TCI after spending 10 days in legal limbo, as what was supposed to be a fun trip to celebrate her husband's 40th birthday on the Caribbean Island turned into a nightmare. 

Family members are fearful now about when Watson will be able to see his children again. 

According to the Emergency Information for American Citizens on the US Embassy’s website in Nassau, firearms, ammunition (including stray bullets), and other weapons are not permitted in the Turks and Caicos Islands (TCI) as TCI authorities strictly enforce all firearms-and-ammunition-related laws. The penalty for travelling to TCI with a firearm, ammunition, or other weapon can result in a minimum custodial sentence of twelve (12) years. 

The alert reminded all travellers that declaring a weapon in their luggage with an airline carrier does not grant permission to bring the weapon into the Turks and Caicos Islands and will result in arrest. It stated TSA screening in the United States may not identify ammunition in their baggage and that it is the traveller’s responsibility to ensure their baggage is free of ammunition and/or firearms. 

“If you bring a firearm or ammunition into TCI, even inadvertently, we will not be able to secure your release from custody. You are subject to TCI laws and must follow local law enforcement procedures,” the alert said.  

On Tuesday, April 23, a statement from the Attorney General’s Chambers and the Office of the Director of Public Prosecutions indicated that the Court of Appeal had certified application of mandatory minimum firearms sentences.  

The statement said Section 3(3) of the Firearms Ordinance CAP 18.09 requires the Supreme Court to impose a mandatory minimum sentence and a fine for certain firearms offences, except in circumstances where the court finds that there are exceptional circumstances, in which case the court must still impose both a sentence of imprisonment and a fine but which are proportionality consistent with the exceptional circumstances.  

The court must ensure that the custodial sentence and fine are in keeping with the dominant purpose of Parliament in enacting the law, deterrence, is reflected in the length of the term and the quantum of the fine.  

It was further stated that the Firearms Ordinance applies to all persons present within the Turks and Caicos Islands, regardless of status or origin. The Parliament of the Turks and Caicos Islands had amended the Ordinance in 2022 to stiffen the penalty for possession and use of firearms with the stated intention of deterring such crimes in the Islands.  

It was noted that in five separate cases within a two-year period the Supreme Court found that there were exceptional circumstances, and only imposed fines. In those cases, the defendant pleaded guilty to charges of possession of an unlicensed firearm and ammunition under the Firearms Ordinance. The judges found that there were “exceptional circumstances” and concluded that sentencing was therefore at large.  

Four of the offenders were fined and one was given a custodial sentence below the mandatory minimum. The opinion of the Court of Appeal, the higher court, was sought to confirm the true position of the law.  

At the request of the then Learned Director of Public Prosecutions, Eugene Otuonye KC, and instructed by the Cabinet of the Turks and Caicos Islands, Attorney General, Rhondalee Braithwaite Knowles OBE KC, applied to the Court of Appeal seeking clarification as to whether the facts of those cases did actually constitute exceptional circumstances in keeping with legal principles and whether, in any event the Ordinance allowed the Supreme Court to impose non-custodial sentences.  

The decision handed down by the Court of Appeal clarified the law, certifying that where exceptional circumstances exist the court has no jurisdiction to impose a non-custodial sentence. It can impose a custodial sentence for a term and a fine in a quantum that is fair and just in the circumstances, consistent with the exceptional circumstances and having regard to the dominant purpose of Parliament in enacting the law.  

However, it must give its reasons for so doing so, including any reduction in sentence.  

Acting Director of Public Prosecutions, Dr Angela Brooks welcomed the certification by the Court of Appeal and confirmed that since the recent amendments to the Firearms Ordinance, eight firearms and ammunition prosecutions in total were done involving tourists from the United States, three of which are currently before the court with each of the defendants on bail.