PA Bill Number: HB2235
Title: Providing for regulation of the meat packing and food processing industry by creating facility health and safety committees in the workplace; ...
Description: Providing for regulation of the meat packing and food processing industry by creating facility health and safety committees in the workplace; ... ...
Last Action: Referred to LABOR AND INDUSTRY
Last Action Date: Apr 25, 2024
England: North Devon farmer faces prison for having illegal Colt pistol :: 10/05/2016
A North Devon farmer has been warned he is at risk of a mandatory five-year jail sentence for possessing an illegal pistol, even though the weapon was rusty and unusable.
Nigel Early, 57, said he believed the short-barrelled Colt .25 pistol was a replica and had kept in his gun cabinet for years without realising it was a banned weapon.
He fell foul of Britain's strict anti-gun laws when the Colt was found during a routine check of other licensed firearms which he keeps at his fish farm in North Devon.
The Colt had no magazine or ammunition but an examination by the police armourer showed it was theoretically usable.
The pistol is self-loading and its short 60 centimetre barrel length means it is classified as a prohibited weapon under the firearms legislation which was introduced after the Dunblane massacre.
Possession of such a weapon carries a mandatory five year jail term unless the defendant can prove there are exceptional circumstances which would make its imposition unjust.
Early, of the Bulldog Fish Farm at Snapper, near Barnstaple, admitted possession of a prohibited weapon when he appeared at Exeter Crown Court.
Judge Erik Salomonsen adjourned the case to allow Early's legal team to collect more evidence about the state of the pistol, where it came from, and why Early believed it was a replica.
Richard Crabb, for the defence, said he would also provide character references and may ask Early to give evidence.
He said: "He has entered a basis of plea which says he believed it was a replica. He is 57 and a North Devon farmer of good character who has held a firearms certificate for around 40 years.
"He had the Colt in his gun room for some 25 years during which time there were at least five inspections by police. Nothing was said until a further inspection in January when someone examined it.
"It was found to be fully operational but described as rusty. There was no magazine of ammunition and nothing to suggest it had been used.
"Possession places my client within the five-year minimum sentence provisions unless there are exceptional circumstances.
"We need to make more inquiries to find how the gun came into his possession, confirm a number of issues relating to the pistol, and obtain character references. He may need to give evidence.
"Among the thousands of rounds of ammunition examined by police there was one bullet but it was a revolver bullet and would not have fitted this gun.
"He had previously legally held three revolvers which were surrendered in 1997 when the legislation changed."
Judge Salomonsen said there should be a further hearing in November but warned Early that case law suggests a jail sentence should be imposed in all but the most exceptional cases.
