Man finds shotgun, hands it to police, gets jailed for five years

Plissken

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First to turn this into a pro- or anti-gun debate automatically loses, but this is bloody bananas.

http://www.thisissurreytoday.co.uk/...nding-gun/article-1509082-detail/article.html

Ex-soldier faces jail for handing in gun
Saturday, November 14, 2009, 12:15

A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for "doing his duty".

Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday ? after finding the gun and handing it personally to police officers on March 20 this year.

The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year's imprisonment for handing in the weapon.

In a statement read out in court, Mr Clarke said: "I didn't think for one moment I would be arrested.

"I thought it was my duty to hand it in and get it off the streets."


The court heard how Mr Clarke was on the balcony of his home in Nailsworth Crescent, Merstham, when he spotted a black bin liner at the bottom of his garden.

In his statement, he said: "I took it indoors and inside found a shorn-off shotgun and two cartridges.

"I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him.

"At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall."

Mr Clarke was then arrested immediately for possession of a firearm at Reigate police station, and taken to the cells.

Defending, Lionel Blackman told the jury Mr Clarke's garden backs onto a public green field, and his garden wall is significantly lower than his neighbours.

He also showed jurors a leaflet printed by Surrey Police explaining to citizens what they can do at a police station, which included "reporting found firearms".

Quizzing officer Garnett, who arrested Mr Clarke, he asked: "Are you aware of any notice issued by Surrey Police, or any publicity given to, telling citizens that if they find a firearm the only thing they should do is not touch it, report it by telephone, and not take it into a police station?"

To which, Mr Garnett replied: "No, I don't believe so."

Prosecuting, Brian Stalk, explained to the jury that possession of a firearm was a "strict liability" charge ? therefore Mr Clarke's allegedly honest intent was irrelevant.

Just by having the gun in his possession he was guilty of the charge, and has no defence in law against it, he added.

But despite this, Mr Blackman urged members of the jury to consider how they would respond if they found a gun.

He said: "This is a very small case with a very big principle.

"You could be walking to a railway station on the way to work and find a firearm in a bin in the park.

"Is it unreasonable to take it to the police station?"

Paul Clarke will be sentenced on December 11.

Judge Christopher Critchlow said: "This is an unusual case, but in law there is no dispute that Mr Clarke has no defence to this charge.

"The intention of anybody possessing a firearm is irrelevant."
 
WHAT THE FUCK.

This man should be commended on his actions, not jailed for them..

EDIT:
"The intention of anybody possessing a firearm is irrelevant."

Loving that line aswell..
 
That's why we have a law that if you hand a discarded gun to the police, they can't prosecute you.
 
Brilliant. Now if someone finds a firearm, they will do nothing about it, thus NEGATING any good intentions.

Anyhow, I doubt he will serve five years imprisonment. More like a few years probation.
 
What the... ?

I think the politest thing one can say about this case, is that the law is obviously phrased unfortunately, and the way it is upheld is simply appaling. :|
 
There is clearly more facts than we are being given, or the CPS prosecutor is a retard. Can't really blame the judge and jury as they can only follow the law. Most of these knee-jerk laws are badly written.
When my grandad died a few years back we found an old revolver and there was no issue taking it to the police station. Just took it to the front desk, left our name and address, and that was it.
 
I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him.

"At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall.
So let me get this straight. The guy didn't tell the cops over the phone that he found a gun, but instead he thought it would be a much better idea to "pop in" and totally catch them off guard and just whip it out?

Mmm hmmm. That's real brilliant.

Sucks that he has to go through this mess, but unless I'm mistaken somewhere, the guy is a complete idiot and is partially responsible for bringing this on himself.
 
The problem is the law is absolutely specific - like a lot of laws that Labour have brought in - there is no leeway. They've been basically rammed through and not actually considered.

Thinking about it, the guy was stupid, taking a shotgun in himself instead of making a call. But five years for stupidity isn't a law.
 
There is clearly more facts than we are being given, or the CPS prosecutor is a retard. Can't really blame the judge and jury as they can only follow the law. Most of these knee-jerk laws are badly written.
When my grandad died a few years back we found an old revolver and there was no issue taking it to the police station. Just took it to the front desk, left our name and address, and that was it.
If I were on the jury I would refuse point blank to convict - law or no law, and I would do my utmost to persuade other Jurors to follow my example.
 
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https://pic.armedcats.net/k/kn/knarkas/2009/11/14/t40483593.gif
 
This is fucking brilliant. I guess if he called the cops, and in the meantime a kid accidentally found the shotgun and shot itself he went to prison too. It's just teaching citizens to close their eyes and do nothing. Well done UK, well done.
 
Here's what he should do. Serve sentence, get out, buy or find another shotgun, shoot the judge in the F face, escape to Israel.
 
I'm not familiar with the U.K., but in the U.S. laws can be challenged by the court.

The excuse of "but the government (law) said so" didn't work for the Nazis, why should it work for these dipshits.
 
Can't be the whole story. It sounds too dumb to be both sides of the story.

We have a large second hand shop and are doing house movings and even complete interior removals out of old houses if requested. And since a large part of the swiss male population was once or is now in the army, we've found a lot of "souvenirs" like ammounition in all sizes, swiss army service pistols and rifles and even large artillery shells. Really impressive what some gents have in their attics or cellars.

All this ammo/gun/rifle stuff you can't sell again without a licence, so the locical thing to do is to take them to the next police station. You get a few strange looks when you walk with some detonator-peakless but still daunting looking mortar ammo pieces into the station, but a "Glad you brought this to us, thanks, the stuff will get destroyed", is the normal answer from the police. Only once I had to give the place of discovery and our company name when I brought in a swiss service pistol (SIG 210). All the other times: No question asked. Just a "thanks".

Greetings, lip
 
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I do agree that the guy handled the situation completely wrong but at the same time I think he deserves just a slap on the wrist, not friggin' jail time. I am not aware of any laws that say that you should not touch found firearms but that you should just call the police instead, but that just seems like common sense to me... why would you EVER pick up a gun that you found on the ground somewhere??? Like I said though, five years is a pretty goddamn harsh punishment for what he did; he clearly had good intentions in mind.
 
why would you EVER pick up a gun that you found on the ground somewhere???
This. What went down is totally retarded, but why didn't he just say "I found a gun and I'm taking it to you, the police" instead of "oh hay I'm gonna come to the poleec station I have a present k?"
 
This. What went down is totally retarded, but why didn't he just say "I found a gun and I'm taking it to you, the police" instead of "oh hay I'm gonna come to the poleec station I have a present k?"

Perhaps he went about it wrong. But the article says he was a soldier and thus one can assume he has had proper training in dealing with a firearm.

What he should have done was at the time of opening the case and realising the content of the case was a weapon, he should have notified police and asked what to do about it.
 
Perhaps he went about it wrong. But the article says he was a soldier and thus one can assume he has had proper training in dealing with a firearm.

What he should have done was at the time of opening the case and realising the content of the case was a weapon, he should have notified police and asked what to do about it.

So you leave it lying there if you don't have a mobile phone on you?
 
Here's what he should do. Serve sentence, get out, buy or find another shotgun, shoot the judge in the F face, escape to Israel.
If I had to serve 5 years for this bullshit that is exactly what I would do.

Maybe it was a little dumb to show up in a nanny state police station with a gun but I can't believed they arrested him. Much less that he could face 5 years for this.

If I found a gun laying around outside I would absolutely pick it up. Like D-Fence said, better that than have some kid blow an extra hole in theirself with it. Then I'd probably call the cops to ask where I could take it or if they wanted to pick it up.
 
But the article says he was a soldier and thus one can assume he has had proper training in dealing with a firearm.
While that's true, I'd be properly pissed off if I were a cop, and someone just strolled into my station with a gun and plopped it down on a table.

Let me just reiterate that this all could have been avoided had he just said that he found a gun somewhere when he called the police station he was taking it to.
 
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