A MAN whose forgetfulness led to his rifle being waved around in a car park has been given a two year-conditional release order without conviction.
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Tristan Douglas Larnach, 34, of Gestingthorpe Road, Perthville, pleaded guilty in Bathurst Local Court on August 23, 2023 to not keeping a firearm safely.
After using a registered Sako .223 rifle at a property in Rockley on June 22, 2023, Larnach stored it in a grey soft cover behind the back seat of his white Toyota HiLux, police documents before the court said.
The following morning at around 11am, he took the vehicle to a CBD car wash.
Four men and a young person began to clean the vehicle at about 3.40pm and one of them found the gun behind the back seat.
After he played with the bolt and checked if it was loaded, the man held it up and looked through the scope.
The court heard he then passed it onto the young person, who aimed the gun across the car park.
Another person held the gun and posed for three photos, before they put it back behind the seat.
A witness saw the men holding the gun and called Bathurst Police Station, saying "they're waving around a rifle".
Police went to the car park at about 3.45pm and spoke with Larnach, who told officers he forgot the gun was there.
Sentence
Police prosecutor Sergeant Darren Pearce told the court there was "actual risk" involved in the matter, given the gun was accessible to people in public.
"Having a licence is a privilege," Sgt Pearce said.
"If you leave your rifle in the back of a car, there are consequences that will follow."
Solicitor James Horsburgh disputed Sgt Pearce's submission that the matter was "well above the mid range", citing no ammunition as a pointer towards the lower end.
Mr Horsburgh then asked Magistrate Elizabeth Ellis to deal with Larnach by way of a non-conviction, given he had no prior criminal history.
"He has sorrow for the fear or concerns people may have had [when the firearm was being aimed through the car park]," Mr Horsburgh said.
Ms Ellis placed Larnach on a two-year conditional release order without conviction to "reflect the seriousness of the matter".
"I'm sure he's learned a most valuable lesson from this," Ms Ellis said.
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