James Fallon allegedly shot mate Chris Oppey in Epping unit

A magistrate has said he has significant difficulties with a man’s explanation that he thought a deadly weapon was “a toy” which he claims to have found in a charity bin.

A Sydney man who allegedly shot his mate in the stomach has told a court that he got the weapon from a charity bin and thought it was a toy.

Emergency services were called after reports a man had been shot at a unit in Kent St, Epping about 8.15pm on Wednesday (October 6).

Officers arrived at the scene where they found Christopher Oppey, 32, with a gunshot wound to the stomach.

He was rushed to Royal North Shore hospital in a critical condition.

Cops also seized a .22 calibre Ruger Mark 2 pistol and magazines in a plastic bag.

The injured man was taken to Royal North Shore Hospital to treat his gunshot wound. Picture: Toby Zerna

James Fallon, 46, of Epping, was charged with possessing a loaded firearm and ammunition, as well as recklessly harming a person.

Fallon appeared via AVL from Hornsby police cells on Thursday where his legal aid lawyer made a release application.

In court, his legal aid lawyer said that Fallon had picked up the gun at a charity bin outside Coles and thought it was a toy gun.

He argued Fallon did not pose a risk to the community because the incident was a “one off” while not downplaying the seriousness of the offences.

He told the court stringent bail conditions could be put in place including Fallon’s father moving into the defendant’s home.

Yet police prosecutor Sgt Newman questioned the ‘toy gun’ explanation saying Fallon allegedly “walked up” to his friend with a loaded gun.

He told the court magazines in a plastic bag were also seized by police.

Magistrate Ian Guy said “it was a very serious matter” and said there was a “high likelihood” of jail time.

“On the explanation of possession… the defendant said he found the gun in a charity bin,” the magistrate said.

The magistrate said there were “significant difficulties” with the toy gun explanation seeing as .22 calibre shells were also allegedly found.

“He had access to a loaded firearm and was prepared to load and use it… that raises genuine concern for the protection of the community,” he added.

Bail was refused and the matter was adjourned to October 20.