A DRUG dealer found in possession of a hand gun when police searched his Alexandria home has been spared a prison sentence.

A court was told that David Rodgers' weapon had been owned by a country and western fan and was meant for use in Wild West re-enactments, rather than to be fired in anger – even though a lab test found it was capable of discharging a projectile.

Rodgers, 35, appeared for sentencing on August 11 after admitting possession of a firearm and being concerned in the supply of diazepam tablets following a police search of his home in Redburn on August 13 last year.

His solictor told Dumbarton Sheriff Court the weapon had previously been owned by Rodgers' uncle, who was a country and western fan.

But Rodgers' business acumen was also questioned by the presiding sheriff – who noticed from a background report that Rodgers had been selling the tablets for less than he'd bought them.

Speaking on Rodgers' behalf, solicitor Brian McGuire said his client had been offered the opportunity to take the weapon as a memento from his late uncle's estate.

“As he understood it, it wasn't working,” Mr McGuire told the court.

“He placed it on top of a cupboard but it was in open view. Police came to his home dealing with charge 1 [the drug offence] and the item was found.”

In the public gallery to see sentence passed were members of Rodgers' family, including his cousin – the son of the man who previously owned the gun.

“The son advises me that his father was a keen country and western aficianado,” Mr McGuire continued, “and had always had that gun, and perhaps others, in relation to his country and western activities.

“My information was that the gun was incapable of discharging, but lab tests found it was possible to discharge a projectile from it.

“It appears to have been modified in line with its use in Wild West re-enactment, but Mr Rodgers accepts that for someone involved in the activity described in charge 1 to have a firearm is understandably concerning.”

On the drug charge, Mr McGuire said Rodgers had decided to sell the diazepam tablets because of financial difficulties in his family – though that observation led Sheriff Maxwell Hendry to note that Rodgers had bought the tablets for a higher price than he subsequently sold them.

“I was told the drugs were 504 tablets with a value of £250,” the sheriff said.

“He told police he had used some of the diazepam he had bought for himself, but accepted some of it was passed on.

“I have to question his business acumen apart from anything else – he bought 700 tablets for £130, which equals 19 pence a tablet, but told police he was selling it for what amounted to 18 pence a tablet.

"It's a twist on Mr Micawber if he's selling for less than he's buying.”

Turning to the weapon charge, the sheriff said: “If an item like that was brandished, an innocent observer might well draw the conclusion that it was a working gun.

“We live in a community where possession of a gun without authority is a very serious matter indeed.

“Custody has to be my starting point: I have to ask myself, can I deal with David Rodgers other than by sending him to prison?

“I look at your record and the circumstances, and having done that I am, just, able to cone to the conclusion that I do not need to send you to prison today.”

Rodgers was ordered to carry out 225 hours of unpaid work on the weapon charge, and fined £450 for being concerned in the supply of a controlled drug.