C7

Derwin Gowan
Telegraph-Journal

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ST. STEPHEN - Neither boredom nor ignorance excuse breaches of Canada's gun law, St. Stephen provincial court Judge David Walker said Tuesday.

However, he granted a conditional discharge to Gerald Thomas Halsall, 54, currently living in Saint John, on a charge of unsafely storing a firearm - meaning that he will have no criminal record.

Halsall, a Canadian who grew up in Florida, did not realize he committed any offence by shortening the barrel of an old bolt-action .22 rifle, and replacing the stock with a pistol grip.

Halsall, a carpenter, suffers from cancer and no longer works. He lives on social assistance. He resided at his mother's home in Dipper Harbour on Oct. 22, when the RCMP responded to a complaint at about 11 p.m.

The officers found Halsall intoxicated, Crown prosecutor Randy DiPaolo said. They also noted the gun hanging on the wall next to his bedroom door.

"I was stricken with cancer," Halsall said told the court. "I hadn't lived in Canada a long time, I wasn't aware of the law." Further, he said, "I was bored."

So, he modified the old .22 that once belonged to his father, intending to use it for target practice.

The gun had no serial number. In its modified state it is not legal, so Wilson agreed to the Crown's request he forfeit it.

Under terms of the conditional discharge, Halsall must keep the peace and be of good behaviour for six months. Walker prohibited him from owning firearms for five years.