James David Barnes: Shotgun and ammunition found under father of three’s bed

A father of three who was found to have a shotgun and ammo lying under his bed was being ‘reckless not malicious’ a court has heard.

An “avid and enthusiastic” shooter who left a shotgun and ammunition lying under his bed was being ‘reckless not malicious’, a court has heard.

Murrumba Downs man James David Barnes, 30, pleaded guilty to secure storage of weapons – licensee, in the Sandgate Magistrates Court.

The father of three was originally facing seven drug and weapons charges, however the prosecution told the court they had no evidence to offer in relation to charges one to six.

Police prosecutor Sergeant Henri Rantala told the court officers attended Barnes’ previous residence on November 9, last year.

“At approximately 4pm police attended originally as a welfare check because his workplace had contacted police and they were concerned for his safety,” he said.

“Police have entered the dwelling to try and find Mr Barnes or raise him, during the course of that search police have located a number of insecure firearms.

“Subsequently, a search warrant was executed. A search of the upstairs bedroom located a shotgun under the defendant’s bed along with a large quantity of ammunition.

“A further search located a gun safe in the garage, the safe was unlocked and open and they found three rifles.”

The court heard that while Barnes was a licensed firearm owner, the weapons were not stored properly.

Barnes then handed himself into the Carseldine Police Station at a later date.

Sgt Rantala told the court the prosecution was seeking a disqualification of weapons licence and his weapons forfeited to the crown.

Barnes’ lawyer, Justin Sibley from Sibley Lawyers, told the court his client had no criminal record whatsoever.

The court also heard the 30-year-old, born in Victoria, had two children from a previous relationship and a baby with his new partner.

The refrigerator mechanic by trade has ‘always been a recreational shooter’, his lawyer told the court.

“He’s always had his weapons licenced and properly stored and up until this particular transgression has always conducted himself in a way that was entirely safe and in compliance with regulations.

“He’d shoot for sport and was also involved in eradicating pests (in Victoria).

“He has been an avid and enthusiastic shooter his whole life.”

Mr Sibley said his client had been living at the Bracken Ridge residence and his weapons were ordinarily stored in the gun safe in the shed.

“He removed the shotgun into the house and was intending to clean it, it was broken down into three parts,” he said.

“His partner came to visit and so he put it under his bed where he intended to return to it and return it to the safe.

“He then forgot about it which is an issue, but it’s not malicious.”

The court also heard the ammunition, although under the bed, was stored in a lockbox.

“There was no way for anyone to be able to load it, even if they did put it back together,” Mr Sibley said.

“He forgot about it.

“He had every intention of returning to it, it’s completely out of character he has left his gun safe open as well.

“It’s that recklessness, if you like … not malicious that I’d ask your honour to consider the circumstances of my client.”

Magistrate Jennifer Batts said she took into account the lack of Barnes’ previous history in her judgment.

“Having weighed all I heard today, I’m not satisfied to make any declaration your licence be revoked,” she said.

Barnes was fined $750.

A conviction was not recorded.