Fife ex-serviceman has ‘sentimental’ illegal air rifle confiscated

A ex-serviceman from Fife caught with an unregistered air rifle claimed he only ever used it to shoot rabbits with his uncle and wanted to keep it for sentimental display.

Samuel Murphy, 52, also told police he thought he had the right to possess the weapon due to his military background.

He appeared at Dunfermline Sheriff Court to plead guilty to possessing an air rifle without holding an air weapon certificate.

Prosecutor Catherine Stevenson told the court police attended Murphy’s home at around 9pm on March 5 2022 in relation to his welfare.

The fiscal depute said officers saw the air rifle leaning against a bedroom wall and Murphy confirmed he did not have a certificate.

Ms Stevenson continued: “He stated he believed he could rightly possess the firearm due to his military background and stated he had the weapon for around 15 years.

“Police officers seized the air rifle and air rifle pellets.

“He was cautioned and charged and replied ‘I want to hold my rifle. I only use it to shoot rabbits’.”

Lost sight due to Covid

Defence lawyer Shona Westwood said Murphy advised he previously had a certificate but the weapon had been in storage for “some time” after he contracted Covid, which has resulted in him losing his sight.

The solicitor said it was a gift from an uncle and they had used it together to shoot rabbits.

“That’s not something he uses it for any longer and has not for a period of time,” she said.

“The pellets were melted down for fishing lures.

“There is no intention to use it and the intention since it was taken out of storage is to display it.

“He would ensure he gets a certificate in the meantime and the intention is to get it fixed for display due to sentimentality.”

Ms Westwood said Murphy’s last conviction was in 2017 and there is no similar offending.

The lawyer said Murphy is blind and all he can see is blur and shadows.

Gun forfeited

Sheriff Krista Johnston told Murphy, of Ramsay Lane, Kincardine: “You have a bad record for offences of violence.

“I can see you have been out of trouble for seven years and I take into account your current personal circumstances.

“There is a prohibition against possessing these dangerous weapons.”

Sheriff Johnston fined Murphy £400 and granted forfeiture of the air rifle and pellets.

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