'Ornamental' gun was illegal
A 63-YEAR-OLD man who kept a gun as an ornamental feature on his lounge wall, found himself up in court on a firearms charge.
Christopher Searle, of Churchmead, Ilfracombe Road, Braunton, pleaded guilty at North Devon Magistrates' Court to possessing a shotgun without a certificate.
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Sonia Croft, for the prosecution, said that when police went to Searle's home to execute a warrant they discovered the shotgun hanging on the wall. When he was interviewed about it he said he had owned it for about three years.
He bought it at a market as a decoration and said he had never fired it.
He also said that he had intended to saw off the firing hammers but had not got around to it.
The prosecution told the court the gun was unloaded but capable of being fired.
Rod Ball, for the defence, said his client suffered from schizophrenia and had been under psychiatric care for years.
Searle had been advised to get an interest so he went to Hatherleigh Market where he bought the gun which appeared to be at least a century old.
Mr Ball said his client did not have a clue that the gun could be fired and had no ammunition for it. Its purpose was ornamental only.
Last October, the police came to Searle's home with the RSPCA in connection with birds he kept at the rear of his premises.
The police saw the gun and it led to his appearance in court.
Mr Ball said the offence was at the bottom of the scale when it came to seriousness. Also, his client had never been in trouble with the police.
Magistrates gave Searle a three month custodial sentence, suspended for 12 months.
They also imposed a residency order and ordered the forfeiture of the gun.
8 Comments
by timkevan
Wednesday, April 18 2012, 10:07PM
“I have known Chris around Braunton for a while now and in my view he is a real gentleman who loves his dogs.”
by Bangtastic
Tuesday, January 31 2012, 11:17PM
“He was hardly 'Billy the Kid'. What a complete waste of time and money, whilst the 'real' criminals are sat at home reading this (on their nicked laptops) p*ssing themselves.
Accom was so right in what he said in the first palce, yet 14 people have ticked him down. Don't get it???”
by nicholassims
Tuesday, January 31 2012, 7:19PM
“How often do you see an 'ornamental gun' in country pubs?
Do you know it is possible to buy a crossbow that fires lethal bolts over the counter in any fishing-tackle shop without a licence?
It seems to me the police went over the top in their pursuit of crime detection. They went to Chris' house to investigate an RSPCA claim connected to birds that were in Chris' garden- why should they have had access to Chris' house?
The barrister for the defence seems to have scored an own goal by raising the issue of Chris Searle's mental health. Of course, people think that schizophrenia= psychopath, meaning ****cidal maniac, when in fact most schizophrenics suffer from depression and are unlikely to attack at all. I, too, know Chris well, 'have known him for a number of years- since about 1992/3- and there is nothing whatsoever the matter with him, and in fact he is a kind man but who lives a life that doesn't conform to the rest. I think for that he is condemned, which is why the police and others think that they can persecute and get away with it.”
by pagsims
Tuesday, January 31 2012, 7:51AM
“Dr.Peter Sims & Mrs.Isobel Sims
Christopher Searle is a well known member of the Braunton Community, of many years standing, to which he contributes-his music, support for community events and in particular Neighbours watch.His illness has long been in abeyance.
The punishment seems disproportionate to the offence-an ornamental gun, never fired and with no ammunition and for this he receives a 3/12 suspended sentence, loss of his good name and restrictions on residency?
Christopher has looked after my family when I have worked overseas and cares on occasion for our animals. He has our complete trust and support”
by skareggae72
Thursday, January 26 2012, 4:46PM
“I should correct myself,the gun wasnt loaded,but i guess his home wasnt searched,so he could have had ammo,or got it,it wouldnt be that difficult.
A criminal record really isnt going to harm him that much,as he luckily wont have to face many job interviews at 63 years of age.
The inconsistency of sentancing does not shock me,take for instance the young woman/1st time offender who was given a 6 month prison sentance for accepting a pair of £6 shorts from a friend,which were stolen in last summers riots.”
by accom
Thursday, January 26 2012, 2:44PM
“Skareggae I agree you have a valid point, I don't think he should be allowed a gun, but common sense should have been applied and he should simply have had it taken away from him rather than being given a suspended jail sentence! I know the judge has to apply the law and there are minimum sentences over which the judge has no choice, so it is the fault of the law here, a caution would have sufficed as there was clearly no malice. I just don't agree with giving anyone, mainly usually good, law-abiding people, a criminal record over the smallest of things.”
by skareggae72
Thursday, January 26 2012, 2:37PM
“So you are happy to have a man suffering from schizophrenia & under psychiatric care to have a loaded gun on the wall ? A danger to the public & himself & his age does not matter,anybody is capable of pressing a trigger,even a child.”
by accom
Thursday, January 26 2012, 1:17PM
“What a ridiculous waste of time and taxpayers' money, and more importantly, a normal harmless person has been criminalised and now has the declare for the next seven years that he has a criminal record.
Not only was the prosecution pointless, but the sentence was extremely harsh - suspended prison sentence? Compare this with burglars and drug dealers that just get community service.”