Man who had Uzi in his garage to serve term in community

Keeping an Uzi in his garage was a serious crime, a judge told Greg Mitchell Fertuck, but not one deserving of the maximum jail sentence.

Judge Sheila Whelan sentenced Fertuck, 58, on Tuesday to a six-month condition- al sentence to be served in the community, followed by one year’s probation.

Fertuck pleaded guilty last week to possessing a prohibited weapon — the Uzi minicarbine — and storing it with readily available ammunition. Police found the weapon, along with two rifles, when they were called to domestic dispute at Fertuck’s home on Oct. 23, 2011. He also pleaded guilty to assault in connection with the dispute.

Whelan said she wasn’t sure Fertuck had realized how “very dangerous” possessing the Uzi was, particularly since it had no locking device on it and it was stored next to the ammunition. Police had found a pouch with four high-capacity 25-round magazines for the submachine-gun.

The Crown argued Fertuck should serve one year in jail for possessing the Uzi, but the defence argued that would be going “overboard” for a man who had no criminal record. Whelan observed that a oneyear jail sentence would be the maximum allowed under the law.

She said she was more inclined to view a conditional sentence order as appropriate

Fertuck must comply with a curfew of 11 p.m. to 7 a.m. for the first three months. For the duration of the conditional sentence and probation order, he is prohibited from possessing weapons and must abstain from alco- hol and stay out of bars.

He was ordered to have no contact with his wife and participate in domestic violence programming as well as addiction assessment and treatment as required. Alcohol was a factor in the assault.

Fertuck is also subject to a mandatory 10-year firearms prohibition.