Re-enactment enthusiast swooped on by armed police and dragged to court for having an imitation Nazi machine gun in the back seat of his car

  • 56-year-old was preparing for a history display by the Northern World War II Association when he was arrested
  • John Smith eventually pleaded guilty to possessing an imitation firearm in a public place but argued he should have been given a caution or warning
  • Judge said ‘common sense’ should be applied to the case and allowed history buff to have his replica guns back

By
Chris Brooke

Last updated at 2:00 AM on 10th February 2012

As an enthusiastic member of a historical re-enactment society, John Smith went to great lengths to be as realistic as possible in his role as a German Second World War soldier.

Unfortunately, when he left his army machine gun visible in his classic car, passers-by thought it was a real weapon – and called the police.

When Smith returned to his vehicle he was surrounded by armed police and arrested.

Worrying time: John Smith was swooped upon by armed police after a member of the public reported seeing the butt of his replica machine gun and bayonet on the backseat of his vintage car

Worrying time: John Smith was swooped upon by armed police after a member of the public reported seeing the butt of his replica machine gun and bayonet on the backseat of his vintage car

The 56-year-old told officers it was only a prop and it had been left in his car in readiness for a display the following day.

But because he refused to allow the police to destroy his imitation weapons he was charged and taken to court.

Common sense prevailed when the judge
dealing with his case at Sheffield Crown Court recognised he was a
genuine enthusiast and intervened to save Smith from punishment and his
weapons from destruction.

Held: The police note after officers took possession of John Smith's deactivated Steyre MP34 German machine gun

Held: The police note after officers took possession of John Smith’s deactivated Steyre MP34 German machine gun

Judge Michael Murphy told him: ‘I am quite satisfied that you are not a criminal and this is part of your hobby.’

Police requested the forfeiture of
his deactivated 1934 Steyr MP34 German machine gun, valued at around
£3,000, as well as two replica pistols.

But the judge said: ‘I don’t want
historical artefacts to be destroyed and so I am not going to make an
order to destroy these things.’

A compromise was agreed after
discussions between the parties.

Smith admitted possessing an imitation
firearm in a public place and was given a  12-month conditional
discharge.

And police were told to return his weapons as long as they
were kept in a locked cabinet or in the boot of his 1954 Wolseley car
while travelling to events.

The court heard that Smith, of
Barnsley, South Yorkshire, packed his machine gun, his Walther PPK
pistol – which was held together with tape – and his P38 automatic
handgun in the car with his uniforms last August.

He was taking his Wehrmacht uniform
and shirt to be washed and ironed at his mother’s house ready for a
‘living history’ display the next day.

Neil Coxon, prosecuting, said: ‘He
dropped off his uniform at his mother’s and then decided to go and see a
friend nearby, leaving his car parked up in a public place.

‘He spent two hours there and police
were alerted because the gun was on the back seat.

An armed response
unit turned up and were on the point of putting a window through on the
Wolseley when Mr Smith walked out of a flat 50 yards away.’

Historical: The replica machine gun which led to five costly court appearances for John Smith

Historical: The replica machine gun which led to five costly court appearances for John Smith

Robert Sandford, defending, said it
was ‘ill-judged’ to leave the machine gun only partially covered on the
back seat with the butt visible, but he said there was nothing
‘sinister’ about travelling with the gun, which was ‘a prop’.

After the hearing Smith said he had
refused to accept a ticking off or a caution at the police station
because it would have meant handing over the guns.

‘I couldn’t agree to
that because of their historical significance,’ he said.

Decision to make: Judge Michael Murphy, sitting at Sheffield Crown Court, pictured, argued that 'common sense' should be applied to John Smith's case

Decision to make: Judge Michael Murphy, sitting at Sheffield Crown Court, pictured, argued that ‘common sense’ should be applied to John Smith’s case

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have been moderated in advance.

What an idiot. He has done his hobby no favours.He left a weapon in full view on the seat of his car? He deserves to have it confiscated. Fool.

Jeeez I wonder what the plod would have made of my old Sealed Knot regiment when we used to go across the country with swords, flintlocks and cannons…
What really gets to me is that this is such a waste of public resources. The police should be MORE than ashamed of themselves. By the way, DM, the picture shown is NOT a “replica” machine gun but a deactivated original.

Sorry judge the times we live in are only like this because we put up with all this claptrap in the name of “security”. Security to do as we are told and treated like prisoners in our own country.

A gun is only a threat when it is in the hands of somebody, this replica gun was on the backseat out of harms way, why send an armed response vehicle, nobody was being threatened. Over reaction

Mr Smith’s optimism was not to be riddled with police bullets and Judge Murphy’s optimism was that police are endowed with common sense.

A judge displaying great wisdom, and a police force displaying jobsworthy stupidity AGAIN.

Nice car, leicester registered too!

How much is this going to cost

At last a Judge with some common sense. Just wonder why the Police didn’t use theirs and ask him to lock the weapons in his car boot once they realised they couldn’t be used!

A Judge with common sense. How refreshing! Pity the Police didn’t show any.

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