TOYMAN GUILTY ON GUN COUNTS
Herald Sun Sunday, Victoria, 8/8/99
A Richmond shop owner who sold plastic toy guns was found guilty this week
of firearms offences. Magistrate Duncan Reynolds placed Rod Sheridan on a
12-month good-behaviour bond and directed him to pay $500 to the poor box.
He ordered the forfeiture of five boxes of toy guns seized by police but
directed that no conviction be recorded against Mr Sheridan's name. The
toy importer and wholesaler was charged with three offences after police
raided his shop on June 2. He pleaded guilty in Melbourne Magistrates'
Court on Thursday to possession of a handgun and failing to hold a handgun
shooter's licence.
Defence lawyer Chris Henaghan said his client had no choice about his plea
because under changes to the Firearms Act, the toy guns could technically
be classed as handguns. The third charge of carrying on business of a
firearms dealer as withdrawn by police. Mr Sheridan faced fines of up to
$36,000 and/or two years' jail. But the magistrate said he would use his
discretion in handing down his decision. Mr Sheridan, newly married father
of a three-month old child, said yesterday he could not afford to fight
the charges in a long court hearing. "I was hoping that if I pleaded
guilty at the first opportunity the magistrate might dismiss the case," he
said. "But although he did not, it was obvious he thought the charges
against me were pretty insignificant. "Since I had no conviction recorded
against my name, I will still be able to travel overseas, which is a key
part of my business." Mr Sheridan said he felt he had been singled out by
police because no action had been taken against other retailers or
wholesalers. "There have been no warnings or advice handed to the
Australian Toy Association or any other efforts to ensure importers of the
toys are made aware of the provisions of the Firearms Act," Mr Sheridan
said. "Why did Customs not ban the import of these toys if they are now
deemed illegal? They were all declared and cleared." Police yesterday
declined to comment on the case. Mr Sheridan's Swan St store was raided
after a parent complained to police. Amendments to the Firearms Act in
1996, in the wake of the Port Arthur massacre brought in stricter
definitions of firearms. Toy guns similar to those sold by Mr Sheridan are
still widely available. At the Melbourne Exhibition Centre's gift fair
this week, several wholesale import companies had plastic guns on display
and for sale. The included an imitation 9mm pistol that fires rubber
bullets, cast metal cap guns, and several types of rifles and imitation
shotguns that fire pellets. Lawrence Leung, whose company La Belle Toys
imports thousands of toy guns a year, said he was unaware of any
controversy about the issue. "We import them and they are cleared for
importation by Customs," Mr Leung said.
Herald Sun Sunday, Victoria, 8/8/99
A Richmond shop owner who sold plastic toy guns was found guilty this week
of firearms offences. Magistrate Duncan Reynolds placed Rod Sheridan on a
12-month good-behaviour bond and directed him to pay $500 to the poor box.
He ordered the forfeiture of five boxes of toy guns seized by police but
directed that no conviction be recorded against Mr Sheridan's name. The
toy importer and wholesaler was charged with three offences after police
raided his shop on June 2. He pleaded guilty in Melbourne Magistrates'
Court on Thursday to possession of a handgun and failing to hold a handgun
shooter's licence.
Defence lawyer Chris Henaghan said his client had no choice about his plea
because under changes to the Firearms Act, the toy guns could technically
be classed as handguns. The third charge of carrying on business of a
firearms dealer as withdrawn by police. Mr Sheridan faced fines of up to
$36,000 and/or two years' jail. But the magistrate said he would use his
discretion in handing down his decision. Mr Sheridan, newly married father
of a three-month old child, said yesterday he could not afford to fight
the charges in a long court hearing. "I was hoping that if I pleaded
guilty at the first opportunity the magistrate might dismiss the case," he
said. "But although he did not, it was obvious he thought the charges
against me were pretty insignificant. "Since I had no conviction recorded
against my name, I will still be able to travel overseas, which is a key
part of my business." Mr Sheridan said he felt he had been singled out by
police because no action had been taken against other retailers or
wholesalers. "There have been no warnings or advice handed to the
Australian Toy Association or any other efforts to ensure importers of the
toys are made aware of the provisions of the Firearms Act," Mr Sheridan
said. "Why did Customs not ban the import of these toys if they are now
deemed illegal? They were all declared and cleared." Police yesterday
declined to comment on the case. Mr Sheridan's Swan St store was raided
after a parent complained to police. Amendments to the Firearms Act in
1996, in the wake of the Port Arthur massacre brought in stricter
definitions of firearms. Toy guns similar to those sold by Mr Sheridan are
still widely available. At the Melbourne Exhibition Centre's gift fair
this week, several wholesale import companies had plastic guns on display
and for sale. The included an imitation 9mm pistol that fires rubber
bullets, cast metal cap guns, and several types of rifles and imitation
shotguns that fire pellets. Lawrence Leung, whose company La Belle Toys
imports thousands of toy guns a year, said he was unaware of any
controversy about the issue. "We import them and they are cleared for
importation by Customs," Mr Leung said.