Richard Dominic Knapton before Toowoomba Magistrates Court for unlawful possession of a firearm

A Winchester lever action rifle that was given to a man by his now-deceased brother was found during a police raid on a Harristown property.

The sentimental value of a Winchester rifle saw a man hold it for more than 34 years, but on Monday the same gun saw him go before a magistrate.

Gifted to him in 1987 by his now deceased brother, a court was told Richard Dominic Knapton had held onto the .30-30 lever action rifle despite not being the holder of a firearm rifle.

The 60-year-old truckie pleaded guilty in Toowoomba Magistrates Court this week to unlawful possession of a weapon.

Police prosecutor Bettina Trenear said police executed a search warrant on his Harristown home on October 26 this year where the rifle was found.

Knapton’s solicitor Alisha Jacobsen said her client intended to hand in the gun at the last firearm amnesty but had left that up to his ex-wife to do as he worked 14 hour days, six days a week as a truck driver.

“He thought she had done it (surrendered the gun) and there was no further conversation about it, and they broke up about six months ago and he kept possession of the gun at that time,” Ms Jacobsen said.

“The rifle was a gift that he had received from his now deceased brother and he only kept it because his brother would always ask if he still had it and didn’t want to be offensive to his brother by getting rid of it.”

The court was told the rifle was only fired once in 1987, and had been stored ever since.

Magistrate Kay Ryan said the issue at hand went beyond whether or not Knapton had a licence for the weapon or not.

“These days we have a lot of break-ins and stealing, and we have people who steal firearms and then use them,” she said.

Knapton was fined $400 and no conviction was recorded. Ms Ryan ordered the gun to be destroyed.