On 13/11/2012 23:13, Alex Potter wrote:
> On Tue, 13 Nov 2012 18:59:22 +0000, Paul J. Adam wrote:
>> By law, he got off very lightly. Normal mandatory minimum for possession
>> of a firearm (an absolute offence) is five years with very little room
>> for manoeuvre allowed.
>
> True. Bloody knee-jerk reactions from those useless Westminster gasbags
> responsible for that, though.
The nation wanted a strict prohibition on firearms and ruthless
sentences for "gun criminals". The politicians provided what the nation
wanted and very few people were prepared to say "this is a bad idea".
(Yes, I used to have a Firearms Certificate)
Politicians, like newspapers, go with the flow and follow the votes.
>> When you decide to "get tough" and remove judicial discretion, you end
>> up in cases like this... however, there's possibly more going on than is
>> immediately obvious, so I wouldn't book a ticket on the outrage bus just
>> yet.
>
> Possibly, but I doubt it.
There is a thorough and well-organised system - called, with an ironic
smirk, Operation PLUNDER - for trying to prevent those deployed to
foreign lands where illegal goods (firearms, explosives, narcotics,
awful yet cheap counterfeit Marlboro cigarettes...) are plentiful, from
shipping them home for either personal enjoyment or profitable sale.
While it's not foolproof or perfect, it's actually been quite effective,
in part because there is a combination of stick (break the rules and
you're into absolute offence territory with very little mitigation) and
carrot (if you've been tempted and have second thoughts, the amnesty is
generous).
It's possible that Sgt Nightingale really didn't know he had a spare
Glock in his possession, though under UK law that's no excuse (it's five
years' bird for owning it No Matter What and the reduction in sentence
is near-miraculous) but the "it's not my stuff, we're packing it for a
mate" is exactly the sort of story the PLUNDER teams are supposed to
look for and check for malfeasance or simple mistakes: while if it was
missed, then spotted, there are routes to turn it it without prejudice
so hanging onto it is a Bad Thing (and seriously, even I went through my
Iraq kit post-deployment, if only to repack it and stow it in the loft)
However, there are also quite strict rules about not having stray gats
lying around your accomodation: weapons, even gifts from foreign oppos,
need to be declared, registered and properly stored in the unit armoury
from receipt, not "when you get around to it", and this one wasn't - an
unreported saga there.
Why hang on to it? The legal implications of using a non-issue weapon
and ammunition to actually shoot someone... nobody wants to explore that
one which is why nobody is allowed to use non-issue weapons or make
unauthorised modifications to their weapons. They even cracked down hard
on privately-bought Big Stabby Knives bought from the US BX, because (a)
it could be mildly bad if one of OPFOR sued because they were slashed
with a war-crime-ready Rambo Commando Ninja Survival Blade of Doom, (b)
it could get really awkward if someone was injured while using a
privately-purchased Rambo Commando Ninja Survival Blade of Doom and
claimed the MoD were liable for the consequences of using
privately-owned kit.
Also, gifts need to be formally logged: I can't let a contractor buy me
anything more expensive than a Big Mac for lunch without entering it in
the hospitality book so that any evidence of influence or bribery can be
tracked for the record, and a Glock automatic quite literally clocks the
budget at a hundred times that much even retail. If foreign nationals
were bunging our Special Forces troops brown envelopes with five hundred
pounds in small used bills inside, and this wasn't being registered or
noted anywhere, would you feel comfortable?
Some, none or all of this may have any bearing, but it's all the sort of
issues that may have been brought out in the trial and not reported yet
will have affected both the decision to prosecute and the sentencing.
Aspects of this case feel... bloody odd, and I feel there's a lot not
made public in the quest for a dutifully outraged mob.
And fundamentally, this guy is a highly-trained grownup who is meant to
know the rules, one of which is "don't have unlicenced unregistered
firearms sculling around your place of residence", whether at home or
deployed.