A Fife man dropped an imitation handgun outside a Glenrothes Co-op after a drugs binge.
Alexander Gaul could not remember how he came into possession of the item, Kirkcaldy Sheriff Court heard.
The 34-year-old appeared in the dock from custody to plead guilty to having an imitation firearm – referred to in court papers as a “stage prop handgun” – at Woodside Road on August 30 last year.
The offence is a contravention of the Firearms Act 1968.
Sheriff James Williamson jailed Gaul, who has previous for similar offending, for 14 months.
‘Gun’ seized
Prosecutor Sarah Smith told the court that around 6.45pm, a Co-op worker became aware of an incident at the front door to the shop, which did not involve Gaul.
However, they saw Gaul stumbling along and eventually collapsing to the ground.
The employee noticed the gun under his left leg and it was taken into the shop and police were contacted.
The fiscal depute said: “Firearms officers attended and initially believed the firearm to be viable; however, after examination, they concluded the firearm to be a stage prop gun and duly made it safe.”
Gaul, of Winifred Crescent, Kirkcaldy, was lying unresponsive but breathing when police arrived and he was taken by ambulance to the town’s Victoria Hospital.
After being arrested, he asked officers why he was in handcuffs and was told he had been arrested on a warrant and had been in possession of a gun.
Gaul commented something similar to: “F**k I’m gonna’ get the jail. It was an imitation”.
Harmless imitation
The gun was examined and found to be a Spanish manufactured six-shot, single action, cap-firing revolver, modelled on an American-manufactured Colt Peacemaker.
It was described as being in “fair” external condition.
Ms Smith said due to its design, the revolver was incapable of discharging any bulleted cartridges, shot or other missile.
She said the revolver is not subject to firearm certificate control but does have the appearance of a gun and constitutes an imitation firearm.
The court heard there were dummy cartridges with the imitation gun but these would not cause any damage.
Defence lawyer Lee Qumsieh said Gaul was “significantly under the influence of drugs” and “for three or four days” been “out with friends, under the influence”.
He said Gaul had “no recollection or idea” where the item came from.
He said his client has an analogous matter from 2017 for which he was admonished – possessing the item lawfully before the law changed and failing to get rid of it afterwards.
Sentencing
Sentencing, Sheriff Williamson said he found it “difficult to comprehend” how Gaul did not know where the gun came from, adding: “Seems to me to beggar belief”.
The sheriff noted Gaul’s previous conviction for an analogous offence.
The sentence was modified from 21 months given Gaul’s early plea.
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