Collector had illegal war firearms at home
AGUN collector was visited by police while he was cleaning World War I and World War II firearms which were illegal to own.
Pensioner John Smiley, 72, was found in possession of six firearms which he was prohibited from owning after police were called to his home in Machen, Caerphilly, on November 10, 2019, following a dispute with a neighbour.
It was revealed that Smiley had been in possession of one set of prohibited pistols for more than 50 years and was also found to possess ammunition which was also prohibited.
The keen collector said he had no intention of using the firearms as weapons and they were kept in a locked case as part of his military memorabilia collection.
The weapons included a 12
bore shotgun, a Winchester rifle, a Luger pistol, a Webley revolver and a Smith & Wesson revolver.
A sentencing hearing at Newport Crown Court on Friday heard the defendant was also in possession of air rifles and dart guns which were legal to own.
Prosecutor John Ryan applied for the guns and ammunition to be confiscated from Smiley and placed in a museum, which was agreed.
Smiley, of Riverside Terrace, pleaded guilty to three counts of possessing a prohibited firearm,
four counts of possessing a firearm without a firearm certificate, and five counts of possessing ammunition without a firearm certificate.
In mitigation, Kevin Seal said that his client and his client’s family were anxious about the impending court case and that Smiley felt “a great deal of shame” appearing before the court at his age.
Sentencing, Judge Jeremy Jenkins said this was an “exceptional case” where it would be unjust to send Smiley to prison.
He added: “As you know, these are very serious offences and generally speaking the courts pass, as they are bound to, the statutory sentence of five years for each of these prohibited weapons.
“There was an altercation between you and a neighbour on November 10 and had there been the slightest suggestion there had been the use of firearms or threat to use firearms, I would not be sentencing you in the way I am today...
“I am satisfied you are a collector with extensive knowledge and interest in memorabilia including World War I and World War II firearms. The weapons were extremely wellmaintained, properly cleaned and properly housed in an appropriate area.”
Smiley was sentenced to two years’ imprisonment, suspended for 12 months, and was also made subject to a 12-month community order and ordered to pay £1,500 in court costs.