A retired US Army lieutenant colonel has been fined $22,500 by the Summary Court for a loaded magazine discovered in his backpack while he attempted to board a domestic flight in Cayman.
Terry Torraca of Franklin, Tennessee, was intercepted by security personnel at Owen Roberts International Airport in Grand Cayman on 2 March, according to court documents which were made available to the Cayman Compass on Friday, 29 March.
“Security officers discovered what appeared to be a loaded firearm magazine inside of a passenger carry-on backpack,” states the documents, which added that further checks revealed the backpack belonged to Torraca.
When questioned by police, Torraca is said to have apologised, accepting that he had placed the magazine in his backpack while travelling domestically in the US, and said he forgot to check the carry-on before travelling to Cayman.
Torraca, who appeared before the Summary Court on 5 March, was fined $22,000 after entering guilty pleas to two charges of possession of an unlicensed firearm (ammunition).
Chief Magistrate Angelyn Hernandez, who presided over the matter, also ordered Torraca to pay a fine of $500 in costs to the prosecution for the case brought against him.
Section 15(5) of Firearms Act 2008 Revision sets out a fine of up to $100,000 and or 20 years in prison for a person who is convicted of possession of an unlicensed firearm. The law does not distinguish between a gun or bullets.
Over the years, there have been a number of cases involving tourists arriving in Cayman with ammunition in their luggage.
In most instances, the Summary Court orders the defendant to pay a fine with either a conditional or absolute discharge, meaning no conviction is recorded against them.
Under the previous Chief Magistrate Valdis Foldats, the Summary Court imposed fines which rarely exceed $2,500 against tourists who through their guilty pleas were convicted of possession of an unlicensed firearm.
Torraca’s substantially larger fine represents a drastic increase and shows the court’s displeasure against persons’ who through ignorance run afoul of Cayman’s laws.
Hernandez, who has been vocal against illegal possession of firearms, has previously told tourists it is their responsibility to familiarize themselves with the laws of a foreign country, and to check their luggage to ensure they are not carrying any illegal items.
Torraca’s conviction comes on the heels of a recent Grand Court ruling that clarified what constitutes illegal importation of a firearm.
In addition to the fine and costs order, Hernandez instructed that the loaded magazine be destroyed.
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I well appreciate the desire to keep firearms out of the Cayman Islands.
But this guy didn’t bring the magazine in his backpack with a weapon, didn’t intend to use the bullets here. It was a mistake. This fine is excessive in my opinion.
Several years ago I boarded a flight from Tampa to Miami. It was only after I arrived in Miami that I realized that I had left a small pepper spray in my briefcase, not picked up by security. I was mortified at my carelessness and threw it away before my next flight. But mistakes do happen.
Incidentally, why wasn’t this discovered when his backpack went though USA security on his way here? Worried about bottles of water but miss a loaded magazine!