A Vietnam war veteran who pleaded guilty to smuggling a firearm into Canada received a fine Tuesday in Penticton Provincial Court.
James Sumner pleaded guilty to smuggling goods into Canada and unauthorized possession of a firearm. On May 25, 2015 Sumner and his wife were en route home to Alaska via the Osoyoos border crossing. During an inspection by border guards, Sumner said he did possess a long rifle which was unloaded, and eventually declared, but said there were no other firearms in the vehicle or the attached trailer.
Court heard that border guards searched the truck and trailer discovering loose ammunition and a black duffle bag containing a .45 handgun behind life jackets and other luggage in one of the upper cupboards of the fifth-wheel unit.
The silver, black-handled revolver was unloaded and engraved with the words “the judge” on the side. The firearm is restricted in Canada due to the length of its barrel.
Sumner’s defence counsel Ian McAndrews appeared on behalf of his client, who did not attend the hearing. Sumner said he mailed the gun to a friend in the U.S. and a baggage mixup had the gun end up in his trailer.
Sumner and his wife, after being arrested and released, were forced to take a ferry back to Alaska as they were unable to pass through Canada after the arrest. During the search of their vehicle, one of the Sumner’s three dogs somehow escaped from a kennel and was shot in the paw by a border guard after attempting to attack the guard.
Judge Hewson Richard found that the gun was likely forgotten in the trailer, giving the lower range of sentencing in the form of a $3,000 fine.
Sumner was also issued a 10-year firearm prohibition.