A gang member's claim a modified shotgun found under a bed in his house was for duck shooting has been rejected by a Dunedin District Court judge.
Tyron Karlos Tiplady-Koroheke, 32, an associate of the Bandidos motorcycle gang, was sentenced to 12 months' jail for unlawfully possessing a firearm by Judge Michael Crosbie.
Police found the gun when they searched Tiplady-Koroheke's home on June 29 in relation to an unrelated incident.
Judge Crosbie said judges could not be naive or blind to the link between gang members and weapons.
"Nor can judges be blind to those who hold on to modified weapons that clearly can't be used, or are not for the purpose of duck shooting."
The pump action shotgun found in a bedroom in Tiplady-Koroheke's house had been shortened by the stock being cut down, the court heard.
Defence counsel Anne Stevens said there was no link between Tiplady-Koroheke's gang connection and his possession of the gun.
He had made no statement he would use it and there had been no criminal intent, she said.
"Judges are entitled to draw inferences and I cannot infer that you had that weapon for a good reason - it just doesn't follow," Judge Crosbie said.
It was not the first time Tiplady-Koroheke had been convicted on a firearms offence - he had been serving community work after being convicted for possessing ammunition in February.
Prosecuting, Sergeant Chris George said it "defies belief" the gun was for duck shooting.
"It's just a joke the defendant offers this excuse for having a weapon of this kind - I don't accept it," he said.
Tiplady-Koroheke pleaded guilty to the charge.
Judge Crosbie said aggravating factors included the fact the gun was modified, and Tiplady-Koroheke did not have a firearms licence, although the latter was implicit in the charge.
It was to the defendant's credit he had letters of endorsement from his partner, employer and close friend, and that he had pleaded guilty and was remorseful.
Ultimately, the sentence was about the safety of the community, he said.
"In this community, there is a justifiable concern over the illegal possession of firearms."
