Fanad man given chance after ‘weapons cache’ found to be mostly imitation firearms

A Fanad man has been given a chance by a Judge after being found in possession of a cache of 'weapons' which later turned out to be mostly imitation firearms.

Aaron McNutt was stopped by gardai at a routine checkpoint at College Road, Letterkenny on July 28, 2023 at 3.45am.

When they questioned him, they found a flick knife in his possession.

After carrying out a further search of the vehicle, officers located an assortment of items in the boot, including a handgun, a pistol, five rifles, a sword and an axe.

McNutt, of Glinsk, Kindrum in Fanad, was charged with ten offences, including that he had in his possession a realistic imitation firearm.

He was also charged with being in possession a black handgun without a firearms certificate.

The 23-year-old pleaded guilty to the offences at Donegal Circuit Court.

However, the circumstances behind the incident were outlined by McNutt's barrister, Mr Sean McGee, BL, during his sentencing hearing.

Mr McGee explained how the accused man had started playing with 'airsoft' weapons during the Covid 19 lockdown.

Himself and his brothers had been using the replica guns on their lands at Fanad during this time and that the 'weapons' would never be taken off or away from their farm.

His father had then requested that McNutt and his brothers take the guns to an upper field to shoot at targets.

The court was told that it was on this occasion that McNutt had forgotten to take the assortment of weapons out of the boot of his car and this was when he was stopped by Gardai.

Mr McGee said the other people in the car did not even realise that the 'weapons' were in the boot of the car as they had not been involved in using them for target practice at all.

When arrested and questioned about the cache, McNutt was very cooperative with Gardai.

He said it was "a really stupid thing to do to have them in the car" and told Gardai that he knew it looked really bad.

On the night he told Gardai "If I was in your shoes I'd be thinking ‘What the f*** did I just find?’ It was a massive mistake on my behalf and I take full responsibility."

The court heard that McNutt was also a fan of history and had bought the ornamental sword and axe on legitimate websites.

There was some legal discussion outlining the power of the guns and their legality.

The court was told that if the weapons were under one joule, they are considered airsoft guns, are not classified as firearms under Irish law and do not require a firearms certificate but are classified as Realistic Imitation Firearms (RIFs).

A number of the weapons in McNutt's possession were slightly over one joule but he did not realise this, the court was told.

The court was also told that McNutt had no previous convictions for any offence.

Judge John Aylmer was also informed that the Director of Public Prosecutions had indicated that the case could be dealt with by summary disposal in the District Court but a District Court judge had refused jurisdiction in the case.

Mr McGee said his client was a hard worker and the reason he had a flick-knife on him on the night was that he simply had it in his pocket as he had been using it to open bags while working in a local distillery.

Passing sentence, Judge Aylmer said he noted the DPP had taken the view that the case could be dealt with summarily but the district court judge had refused jurisdiction.

He also noted Garda Sergeant Maurice Doyle said the accused was not in possession of any of the articles for any malicious or criminal purpose.

He said the offences were at the "very lower" end of the scale and that it was explained by the prosecution that McNutt had developed a "boyish interest" in weapons during Covid.

He said that the accused was otherwise an entirely law-abiding young man and that he was minded to deal with the case in the most lenient way available to him.

He said he was going to indicate a sentence that he was going to impose on the accused in six months time.

In the meantime he said he was making it a condition that McNutt keeps the peace and is of good behaviour but that if he did come before the court again he would impose a fine of €500 on each count meaning the accused will be fined €5,000.

However, if he did not come before him then he would make an order discharging McNutt under Section 100 of the Criminal Justice Act.

Judge Aylmer adjourned the case until June 9th, 2026 adding that it is clear what he will then do if the accused was behaving himself.