Author Topic: It could happen here: busted for handing-in gun  (Read 5535 times)

crusader rabbit

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It could happen here: busted for handing-in gun
« on: November 12, 2009, 05:26:29 PM »
From the Surrey Mirror newspaper in Surrey, England

Ex-soldier faces jail for handing in gun
Thursday, November 12, 2009, 10:30

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."
“I’ve lived the literal meaning of the ‘land of the free’ and ‘home of the brave.’ It’s not corny for me. I feel it in my heart. I feel it in my chest. Even at a ball game, when someone talks during the anthem or doesn’t take off his hat, it pisses me off. I’m not one to be quiet about it, either.”  Chris Kyle

Big Frank

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Re: It could happen here: busted for handing-in gun
« Reply #1 on: November 12, 2009, 05:31:08 PM »
It sucks to be English. They should have thanked him, not arrested him.  ???
""It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency." - George Washington. Letter to Alexander Hamilton, Friday, May 02, 1783

THE RIGHT TO BUY WEAPONS IS THE RIGHT TO BE FREE - A. E. van Vogt, The Weapon Shops of Isher

pioneer

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Re: It could happen here: busted for handing-in gun
« Reply #2 on: November 12, 2009, 05:34:31 PM »
INSANITY!

Thank God my ancestors fled the crown and came to America.
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Pathfinder

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Re: It could happen here: busted for handing-in gun
« Reply #3 on: November 12, 2009, 05:38:40 PM »
See, this is what I worry about here. Obviously the English subjects citizens have run out of rope to hang these asinine, moronic, assholes who fill the unknown number of bureaucratic positions in the English gummint and courts. They ran out of rope, obviously.

Either that or the cajones to use the rope . . . .
"I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do this to others and I require the same from them"

J.B. Books

PegLeg45

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Re: It could happen here: busted for handing-in gun
« Reply #4 on: November 12, 2009, 05:51:29 PM »
FTA:
Quote
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."


Another fine example of that stiff British "Damn the Logic" crap........and a textbook example of sheeple.   >:(

They get what they are willing to put up with............... just like us, if we keep on going in the direction we are going.



Remind anyone of a current trend in the US?

HINT: Zero Tolerance.
"I expect perdition, I always have. I keep this building at my back, and several guns handy, in case perdition arrives in a form that's susceptible to bullets. I expect it will come in the disease form, though. I'm susceptible to diseases, and you can't shoot a damned disease." ~ Judge Roy Bean, Streets of Laredo

For the Patriots of this country, the Constitution is second only to the Bible for most. For those who love this country, but do not share my personal beliefs, it is their Bible. To them nothing comes before the Constitution of these United States of America. For this we are all labeled potential terrorists. ~ Dean Garrison

"When it comes to the enemy, just because they ain't pullin' a trigger, doesn't mean they ain't totin' ammo for those that are."~PegLeg

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Re: It could happen here: busted for handing-in gun
« Reply #5 on: Today at 01:43:20 AM »

tombogan03884

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Re: It could happen here: busted for handing-in gun
« Reply #5 on: November 12, 2009, 06:16:57 PM »
 Thank God for the last Revolution.
Any body still think the NEXT one will be a BAD idea ?

twyacht

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Re: It could happen here: busted for handing-in gun
« Reply #6 on: November 12, 2009, 06:52:23 PM »
from article:

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


Remember those words my friends, a catalyst that could lead to a second Revolution, will happen when those words are enforced here.

"Quiet desperation is the English way"
Pink Floyd.

Too Late For them...  :'(
Thomas Jefferson: The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government. That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants."
Col. Jeff Cooper.

ericire12

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Re: It could happen here: busted for handing-in gun
« Reply #7 on: November 12, 2009, 07:23:53 PM »
WOW!
Everything I needed to learn in life I learned from Country Music.

Badgersmilk

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Re: It could happen here: busted for handing-in gun
« Reply #8 on: November 12, 2009, 07:35:32 PM »
WOW!

Yeah, +1!  I don't know what else to say to that story!

fightingquaker13

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Re: It could happen here: busted for handing-in gun
« Reply #9 on: November 12, 2009, 07:53:26 PM »
Can we offer him poliyical asylum? Honestly I don't know if there is a pardon process in English law, but there damn well should be. If the judge's hands are tied by the same BS "mandatory minimum", "three strikes", or "zero tolerance" crap we have here I can't blame him. But the prosecutor? What kind of crack was he on to file charges? The cops were reasonable to be suspicious (I'm not sure that covers arrest though), they didn't know if was telling the truth or not. The Judge had to sentence him, if its mandatory. Its the prosecutor and the jury I don't get. How can you be so freaking stupid and ungrateful to a vet? What the Hell happened to Britian?
FQ13

 

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