DEALINGS WITH A RIFLE

Dominion, Volume 32, Issue 148, 18 March 1939, Page 15

DEALINGS WITH A RIFLE

Charges Against Three Defendants The seizure by the police of a rifle from a man in Lower, Hutt who, according to Sergeant j. W. McHolm, nearly caused a sensation with it, resulted in five charges being preferred in the Magistrates’ Court, Lower Hutt, on Thursday. Sergeant McHolm said the police took the rifle from this man because he was not safe; he had been sent to an institution. Defendants, the charges and penalties were: Roger Bargiacchi, Nai Nai, procuring possession of a firearm without a permit, ordered to pay costs, 10/-; delivering possession without a permit, fined £l, with costs 12/-; Cecil William Price, auctioneer, Wellington, selling a firearm not being the holder of a dealer’s licence, ordered to pay costs 10/-; E. Johnston and Company, auctioneers, Wellington, aiding Price in the commission of an offence, decision reserved; failing to keep a book recording firearms sold, decision reserved.

Sergeant McHolm said Price sold the rifle at auction, using Jolmston and Company’s licence, to Bargiacchi, who sold it in turn to the man from whom the police took it. He believed the company to be the only one in Wellington ■with a licence to sell firearms. Mr. A. T. Young, for Price and Johnston and Company, said that the rifle was included in assets of a deceased estate which Price was asked to sell Price had no arms licence and asked the company to sell the rifle. As a result of the discussion between Price and the company it was decided to offer the rifle at auction with the other goods as it was thought the chance of sale would be better there than individually. If it became material Price would say that he announced openly at the sale that the purchaser would have to obtain a licence and complete the transaction in Wellington. He found after the sale that his clerk had completed the transaction at the sale, which was contrary to his express instructions. A conviction would be serious to the company, as it would involve an automatic cancellation of the licence to sell firearms.

Sergeant McHolm said that the arms licence and register had to stay with the firm to which it belonged; it could not go round all Wellington. Reserving decision in the company’s cases, Mr. A. M. Goulding, S.M., said that if he decided to find the offences committed he would not enter a conviction because of the seriousness of the result. He might, however, express an opinion on the correctness of what had been done.