Cork man prosecuted for having revolver and ammunition he believed were 'ornamental' 

While the gun and ammunition were blank and when fired could only create an acoustic effect, the revolver was classified as a firearm as defined in the Firearms Act.
Cork man prosecuted for having revolver and ammunition he believed were 'ornamental' 

Noting the defendant had no previous convictions of any kind, Judge Mary Dorgan give him the benefit of a dismissal under the Probation of Offenders Act on making a contribution of €750 to the court poor box.

A Cork man who brought a starter pistol home from the UK in the 1980s has now been prosecuted under the Firearms Act but he claimed it was “along the lines of ornamental”.

Liam McElhinney (58) who now lives at Old Whitechurch Road, Cork, pleaded guilty to having the revolver and ammunition at the house where he was living four years ago.

Sergeant John Kelleher said that on November 12, 2021, gardaí were present at the home of the defendant at Bleasby Street Mews, Cork, where they seized a revolver and 19 rounds of .22 ammunition.

“He accepted responsibility for these items immediately and acknowledged they were his. The revolver and ammunition were sent for ballistic examination.

“The revolver was found to be a blank firing . 22 revolver. The barrels were blocked off and when discharged would only create an acoustic effect. It is not capable of discharging bulleted ammunition. It is however classified as a firearm as defined in the Firearms Act.

“The rounds were for use with the revolver and were blanks only, creating an acoustic effect. These blank rounds are ammunition within the meaning of the Firearms Act"

Admitted

“Liam McElhinney admitted to ownership of the firearm and ammunition which he stated he bought in the UK in the 1980s and brought home with him. He didn’t realise it was classed as a firearm and described it as a starter gun. He does not possess a licence for either the firearm or ammunition.” 

Liam McElhinney cooperated with gardaí at all stages of the investigation, solicitor Frank Buttimer said.

Judge Mary Dorgan asked what the 58-year-old was using a starting pistol for, and Mr Buttimer said he had no use for it, adding: “For him it was something along the lines of ornamental.” 

Mr Buttimer said the garda attendance at the house had nothing to do with this and in fact the visit otherwise was not of any consequence.

Judge Dorgan noted that he had no previous conviction of any kind, and that while it was significant that he had no licence for the firearms she would give him the benefit of a dismissal under the Probation of Offenders Act on making a contribution of €750 to the court poor box.

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