A firearms enthusiast who worked as an expert weapons adviser to the police was today sentenced to five years in prison for possessing a hoard of illegal weapons.
Simon Churchman, 63, was charged after cops discovered a Sampoi sub-machine gun at his cottage in Kirkcudbrightshire in March 2018.
Although the gun was in working condition and capable of firing two or more bullets successively without repeated pressure on the trigger, its safety had been “seriously compromised” and it ruptured when tested, a court heard.
Churchman was also found with seven air guns, a shotgun, a rifle and more than 600 rounds of ammunition – all without the necessary certificates.
The court heard how police called at Churchman's detached farm cottage on an unrelated matter before finding his "workshop" upstairs. He was quizzed by detectives but remained silent throughout the interview.
He appeared for sentence at the High Court in Livingston on Thursday after earlier pleading guilty on indictment to a total of six charges of possessing weapons and ammunition.
David Moggach QC, defending, said Churchman had a keen interest in firearms and tried to restore them.
He told the court: "He is at pains to point out that he does not possess the firearms for any sinister or nefarious reasons.
"His background is one of engineering and he appreciates firearms for the quality of their craftsmanship. It’s not anything more sinister than that."
Mr Moggach went on: "It’s ironic in the extreme that in the past he has assisted police in his capacity as someone who has knowledge of firearms, particularly older firearms.
"It beggars belief that someone who has knowledge of firearms would then possess them without the necessary certification."
He said the machine gun, which was manufactured in Czechoslovakia, had been legal when Churchman bought it in Tottenham Court Road, London in the 1980s.
As a deactivated weapon it could originally only fire blanks, however Churchman had reactivated it and adapted it to fire paintballs.
He said that the accused no longer claimed he had converted the weapon in his role as an expert advisor on the James Bond movie ‘The Living Daylights’ starring Timothy Dalton as 007 which opens in Gibraltar with a training exercise using "paintball" rounds.
"He is adamant that he’s provided deactivated guns for use in theatre and in the film industry," Moggach said.
"But there’s no getting away from the fact that possession of the firearms is unlawful and he knows that because of the statutory requirements the court today must impose a custodial sentence of a minimum of five years imprisonment."
Passing sentence, judge Lord Weir told Churchman: "These were and are serious offences. You had a number of air weapons, a shotgun and a bolt action rifle, all without certificates.
"A search also found the weapon referred to in charge four which was reactivated along with a quantity of munitions which appear to have been used in the sub machine gun."
He said Churchman, given his knowledge as a firearms expert, must have been aware that in the absence of exceptional circumstances, he was facing a mandatory five year prison sentence for possessing a weapon of such character.
In addition to jailing Churchman, Lord Weir granted a Crown motion to confiscate the Sampoi VZOR sub machine gun; a British BSA Sportsman bolt action rifle; a shotgun; a Weihrauch Sport PCP air rifle; four multi pump air rifles; a Weihrauch barrel cocking air rifle; a Walther CO2 air pistol and more than 600 bullets.
Churchman, who moved to Whitehaven following the weapons raid at Campbelltown Farm Cottages, Twynholm, nodded acceptance of his punishment before being led from the dock to begin his sentence.
Lord Weir told Churchman: “These were and are serious offences. You had a number of air weapons, a shotgun and a bolt action rifle in your possession, all without the requisite certification.
“A search of your property also resulted in the recovery of the weapon referred to in charge four – namely a sub machine gun which was found to have been at one time de-activated but subsequently re-activated – along with a quantity of live ammunition, a number of rounds of which were suitable for use with both the sub machine gun and the bolt action rifle referred to in charge six.
“The narrative also discloses the discovery of a number of spent shells which appear to have been used in the sub machine gun.”
Passing sentence, the judge started with charge four, which involved possession of the sub machine gun.
He said: “In doing so I have had particular regard to the type of weapon involved, the evidence of its re-activation and use, and the recovery of magazines and rounds of ammunition suitable for use with it.
“Standing your own background as an expert firearms witness, you ought to have been under no misapprehension as to the seriousness of possessing a weapon of this character.
“Despite the submissions made on your behalf I do not consider that there are exceptional circumstances relating to you or the offence which would justify a departure from the minimum sentence otherwise prescribed by law, and no argument was ultimately put forward that I should.
“Accordingly, in respect of charge four, the sentence is one of five years imprisonment.”
On the two charges of possessing air weapons with proper certificates he sentenced Churchman to a year in prison and for possessing the ammunition, the shotgun and the bolt action rifle without firearms certificates he imposed a 16 month sentence, both to be served concurrently with the five year term.
Don't miss the latest news from around Scotland and beyond - Sign up to our daily newsletter here .
