Man acquitted of careless storage of rifle, ammunition

A rifle in a gun cabinet with the keys kept in another compartment of the same case meet the law’s requirements of safe storage, a Newfoundland judge ruled recently.

Judge Harold Porter presided over William Barry’s trial in provincial court in Grand Bank on March 25.

Barry was charged with careless storage of a rifle and ammunition stemming from an incident in which police responded to an alleged complaint of assault on Nov. 16, 2020.

Porter gave his written decision in the case on April 28, acknowledging he was “not satisfied beyond reasonable doubt” that Barry’s storage of a .22-calibre rifle and ammunition violated the Criminal Code, and acquitted him of both charges.

According to Porter’s decision, police investigating the alleged assault found several long guns belonging to Barry in a gun cabinet with broken glass in the door as well as some ammunition elsewhere in the same room.

The cabinet’s doors were held closed with a chain and padlock, and the firearms were all trigger locked, but an officer was able to remove the .22 through the hole in the broken glass.

Barry testified during the trial the glass was broken during home renovations.

The keys to the gun cabinet, trigger locks and an ammunition box were in a separate, unlocked, but closed compartment underneath the main section of the case, Porter acknowledged.

While it did not have an impact on his decision, Porter noted in his written decision the officer who opened the cabinet compartment where the keys were discovered did not have prior judicial consent to do so.

“While the police officer was able to find the keys, the accused made an important point when he said that the keys were not visible,” Porter wrote.

“The police officer had to open the door to the compartment which contained the keys. This is not a charter search warrant challenge application, but it is important to note that the keys were not in plain view.”

There is no requirement under the law for firearms and ammunition to be kept in separate rooms and the regulations are “silent” about the storing of keys, Porter noted.

The ammunition was kept in a plastic box with two parts — a shallow, unlocked top compartment with some rounds of .22-calibre bullets and another deeper part containing shotgun ammunition that was padlocked.

“The law requires a firearm to be stored unloaded, inoperable and in a separate container from the ammunition. This rifle was stored in a way which met the three requirements,” Porter wrote.

Barry had also been charged with assault and breach of a peace bond, but the Crown prosecutor advised at the start of the trial that no evidence would be presented supporting those charges, and they were subsequently dismissed, Porter noted in his written decision.