Pawn shop owner gets jail time for importing weapons

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This article was published 24/07/2013 (4482 days ago), so information in it may no longer be current.

A pawn shop owner whose Google research led him astray and imported prohibited weapons into Canada as Christmas gifts has been handed a jail sentence, although he’ll serve it a couple of days at a time.

It doesn’t matter whether Richard Donald Smith imported the weapons as gifts or not, Judge Donovan Dvorak said during sentencing.

What matters is that the weapons pose a risk to the public, the judge said.

“He brought them into Canada to be distributed throughout our region,” Dvorak said. “Once out of his hands, he has no control over their use, sale or distribution. They’re out on the streets.”

The judge settled on a 90-day intermittent sentence, which Smith is to serve two days per week, and one year of probation.

According to court hearings and documents, the Canada Border Services Agency intercepted a package as it entered the country in September 2012.

Inside three pistol-grip crossbows, 10 brass knuckles, two butterfly knives, four switchblade knives, one blowgun with darts, three throwing stars, a spring-assisted knife and stun gun.

Police indicated that the weapons were being shipped to Canada after being bought online through a U.S. company.

The box was resealed, the RCMP were notified and ran an undercover operation called a “controlled delivery.”

On Oct. 4, an investigator posed as a Canada Post employee delivered the package to its Brandon destination, which was Smith’s pawn shop.

The undercover operator handed the package to Smith and officers then entered the shop, found the open package on the counter and arrested Smith.

Smith admitted that he’d ordered the weapons — his friends had asked him to order them for Christmas presents.

He acknowledged that at some point he became aware that the package contained prohibited items based on research he’d done on the CBSA website.

However, he’d also “Googled” the weapons that he ordered and none came up as banned. He figured as a “worst-case scenario,” CBSA would seize the prohibited items and forward the rest of the contents with a warning.

There were also non-prohibited goods in the parcel such as lighters and regular folding knives.

Smith, 39, pleaded guilty in April to unauthorized importing of prohibited weapons and possession of prohibited weapons without a licence.

Sentencing started earlier this month with Crown attorney Grant Hughes asking the court to impose six months in jail. Smith, asked for a conditional sentence, which typically brings house arrest.

Dvorak then adjourned the matter until Monday to consider his decision.

In reaching his decision to impose an intermittent sentence, Dvorak said he struck a balance between the need to deter the illegal importation of weapons and Smith’s ability to earn a living.

Smith had indicated that he runs his pawn shop alone and a jail term would ruin his business.

» ihitchen@brandonsun.com