Fife teacher with illegal antique double-barrelled shotgun denied it was for self-defence

An English teacher from Fife convicted of illegally having an antique shotgun denied showing it to neighbours during discussions about home security.

Duncan Johnstone told a trial he bought the double-barrelled shotgun for about £1,800 as an investment.

He said he stored it with guitars and yachting equipment at his Burntisland home and would have to “climb over about five feet of suitcases” to get to it.

But prosecutors alleged he had the weapon for security and protection.

Johnstone, a teacher by profession but not currently working, denied an allegation he had the shotgun without a certificate between November 26 and 28 last year, in contravention of the Firearms Act.

Neighbours learned of gun

A trial at Kirkcaldy Sheriff Court heard police had been called to his property in the town’s High Street and found the gun in a green bag in a cupboard.

They did not find ammunition.

Johnstone, 38, told the police it was an investment.

He told the trial: “I intended for it to be a display piece and to sell it at a later date.”

It was alleged – and denied by Johnstone – he had shown the weapon to a neighbour at his home in the context of a discussion about security concerns.

Johnstone said they spoke once about a front door lock not working and he later replaced it, as he was worried about security concerns, and installed a door camera.

The woman said Johnstone had mentioned the shotgun another time while discussing an attempted break-in to his home – a claim he also denied.

In cross examination, prosecutor Catherine Stevenson asked how the witness would know about the gun.

Johnstone said he had a conversation about shooting with another neighbour, who was in the SAS, and mentioned he had an antique.

The trial heard Johnstone told a second neighbour about the gun.

He again denied he had bought it for self-defence.

Guilty

Sheriff John MacRitchie said it was “inconceivable” the two women had made up evidence, with neither appearing to have any real issues with the accused.

He found Johnstone guilty and said: “Because of your issues with mental health, then it may be that your concerns with the security of the premises was such that you stupidly utilised or possessed this item thinking it would be of assistance to deter any potential persons.”

He added: “I am persuaded you did not pose in the circumstances a very substantial threat, as someone with a shotgun might possess.

“It does appear to be an antique shotgun and it might be difficult to obtain the necessary ammunition and I will give you the benefit of the doubt.”

Sheriff MacRitchie noted Johnstone has already been working with social work to get assistance and told him he hopes he gets back to employment.

He said: “I will try and draw a line under this by forfeiting the particular weapon and restrict the fine to a sum of £900.”

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