A Wagga magistrate has said a clear message needs to be sent about 'gel blaster' firearms after yet other offender told the court he did not know they were illegal.
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Robert Herman John Joseph Leitner, 42, of Harden, appeared in via video link in Wagga Local Court on Wednesday and pleaded guilty to possessing two gel blaster imitation firearms at Cootamundra.
A police prosecutor told the court that the gel blasters were made to look like police-issue Glock pistols.
Gel blasters use a battery powered air piston to fire soft projectiles made of water-absorbent gel.
Gel blasters can be bought in Queensland without a permit as long as they are not used in public or pointed or fired at another person without consent.
Leitner also pleaded guilty to possessing six railway detonators, which are coin-sized explosives designed to be placed on a track and explode when a train ruins over them in order to alert the driver to stop.
Magistrate Christopher Halburd said one of the gel blasters described by police sounded "very toy like" and one did not, as it was painted black and had a silencer.
"It looks in for the world like a Glock with some additions, one of which is a silencer," Magistrate Halburd said.
"It has a red trigger but if someone has their finger on trigger and pointed it at you, you can't see it."
A police prosecutor said that just because one of the gel blasters had a red top slide did not mean it was designated as a toy.
"Having the benefit of being an experienced police officer, the red item is detailed to look very much like a police firearm," the prosecutor said.
"The level of detail is being accurate, to the point where it can be recognised as a fourth generation Glock 17, is a concern.
"It resembles a red training firearm that can fire a projectile. They can still be used in a criminal enterprise and still have the menacing factor of a real firearm."
Magistrate Halburd said he had seen people come before the court for years and say they didn't know gel blasters were illegal.
"It says to me that there needs to be general deterrence. They look like real firearms and can fire a projectile, albeit not a bullet.
"These charges can carry 14 years in jail. There's a need to get the message out."
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Magistrate Halburd accepted that the railway detonators had belonged to Leitner's father and he did not know he had them.
Leitner also admitted to breaching an apprehended violence order by contacting the subject of the protective order.
Leitner solicitor said his client had issues with his eyesight and had not read the terms of the apprehended violence order.
The solicitor said his client was working at a duck farm at Harden and was seeking mental health counselling for anxiety.
"These offences do no cross the threshold for a full-time custodial sentence," the solicitor said.
"Although these offences are aggravated by him being on an intensive corrections order at the time, these offences are the first of their nature that he has come to court for."
Magistrate Halburd said Leitner did not have "the world's worst record" for criminal offences but it did not entitle him to leniency.
"He said he didn't know the firearms were illegal, he said he didn't know the terms of the apprehended violence order," Magistrate Halburd said.
"That seems all very convenient to me. Not reading or not having someone read [the terms of an apprehended violence order] to you is mind-boggling."
Magistrate Halburd convicted Leitner for possessing the gel blasters, placing him on a 12-month community corrections order for the red pistol and sentencing him to two months in jail for the black pistol with a silencer.
Leitner was convicted with no further penalty for the railway detonators and jailed for two months for breaching the apprehended violence order.
Magistrate Halburd gave Leitner an aggregate sentence of three months with a release date of September 22.
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