Former British soldier faces jail for handing in gun

[NShortino]

I just read this article of an ex-solider in Britain who got arrested for turning in a shotgun he found to the police. Apparently he found it while digging up his garden and immediately brought it in to the police station where he was promptly arrested.
Reading things like this make me more and more happy to live in America, and more specifically PA, where something this ridiculous wouldn't happen. Just goes to show how strict gun control only harms the innocent and helps the criminals.

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."

[jerkin]

If their court system is similar to ours I blame the jury of his peers for finding him guilty.

[bogey1]

they deserve what they get!

[S&WM&P40]

Thats just terrible he tries to do the right thing and gets 5 years in prison while people responsible for rape and other cruel acts get probation and fines. Makes you wonder what the next person will do if they find a firearm, bury it even deeper and say a prayer?

[dc dalton]

Heh, and people wonder why we told "King and Country" to kiss our asses!

There you have it in a nutshell.

[ByAnyMeans]

I would think jury nullification is perfect for this exact situation.

[Halftrack]

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?"

Apparently the answer to that question is unbelievably obvious: Not only is it unreasonable to take it to the police station, it is insane to do so, given the outcome of this case.

Leave it there and let a kid find it. Cartridges and all. I have no words to describe how wrong this is.

[GTI19403]

unreal!! it's amazing that this could happen it the "civilized" world

[kpw]

It's sad what England has become. This is more insane than the stab proof knives and ban on welcome mats. It would be funny if it wasn't real.

[condition1]

That's really saddening. It makes me angry and makes me laugh a bit as well. But it really is saddening that common sense has so far removed itself from those who are running the lives the very people that they represent....