A woman who inherited two service pistols that belonged to her late father and grandfather is appealing a court decision after the sentimental weapons were found in her possession and seized.
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Jennifer Anne Evans of Moulder Street has launched a severity appeal to be heard in the District Court after being convicted of two counts of possessing an unauthorised pistol.
The 63-year-old did not have a firearms licence when the unregistered Smith and Wesson .38 calibre revolver and an unregistered P Webley and Son revolver were found in a locked-safe at her home on July 21, 2023.
According to court documents the police were informed of their existence while she was being treated in hospital after being assaulted.
Police took her back to her home following her medical treatment.
She admitted to being in possession of two pistols and they were locked in a safe, which was not an approved firearms safe.
She gave police access to the safe and the two revolvers were seized.
Evans told the police she had possession of the pistols for eight years after inheriting them from her mother.
She said they were the service firearms of her grandfather a former NSW Policeman and her father who served in the Royal Australian Air Force in World War II.
Evans said her mother planned to surrender the pistols during the gun buy back in the 1990s following the Port Arthur massacre but retained possession of them due to their sentimental value as heirlooms.
Neither mother nor daughter attempted to obtain a licence or permit to possess the pistols.
Evans appeared in Orange Local Court on Thursday, February 22, 2024, having already pleaded guilty to two counts of possessing an unregistered pistol, two counts of possessing an unauthorised pistol and not keeping a firearm safely.
Her legal representative said Evan's grandfather was the first police officer in the Castle Hill Police Force and his service revolver was passed down through the family.
"They were kept in a locked safe bolted to the floor," he said but acknowledged it didn't carry an alarm to meet current standards.
No ammunition was found with the firearms and it was not confirmed if they were still operational.
Evans applied for a firearms collector's licence after police found the pistols.
"She's undertaken a safe handling course, I'm told the local gun shop is willing to store the weapons if she should get them back," the solicitor said.
He said Evans is a former disability support worker and a former nurse who is now a self-funded retiree.
The legal representative called for leniency saying she wanted to travel overseas this year for the birth of a grandchild and she volunteers in the community.
"This is a woman who still gives back to the community, she retired two years ago," the solicitor said.
"These are guns that came into her possession following the passing of her late mother.
"She accepts she made a mistake, she should have got them registered, she should have got her own licence."
Magistrate Joy Boulos acknowledged the sentimental value of both of the firearms.
However, she said if someone broke into Evan's home and "took these firearms they could have ended up in the wrong hands".
"I've been asked to consider a non-conviction for these matters," Ms Boulos said.
However, she said the maximum penalty was 14 years' imprisonment which indicted the seriousness of these types of offences.
"What does that say about a non conviction? It's saying that it's OK and it's not OK," Ms Boulos said.
As a result she said the offence required a conviction but given Evan's background she would not be back before the court for further offending.
Ms Boulos convicted Evans for the two counts of possessing an unauthorised pistol and placed her on a 12-month community correction order with the condition she be of good behaviour.
Evans was not convicted for the other offences.
