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05 Sept 2025

Prison sentence for carrying BB gun in public

Derry courthouse

Derry courthouse at Bishop Street.

A 22-year-old man has been sentenced to five months in prison for carrying a BB gun in a public place.

Kieran Kelly, of Malvern Terrace, admitted carrying an imitation firearm in public on November 18, 2020.

He also pleaded guilty to two counts of criminal damage on March 27, 2021.

The court heard that in November of last year around 2.18pm an individual contacted the PSNI who was left ‘frightened’ while walking along Foyle Street.

He told officers that an object had been dropped and he saw the defendant picking up ‘what he believed to be a gun’.

The individual reported hearing the gun being cocked and feared he was going to be shot by a bullet or a pellet.

Kelly was located and had in his possession a black BB gun with a blue slide.

The 22-year-old told officers that he saw the gun for sale in a shop priced at £10.

He had the air gun in the front pocket of his hoodie and it fell out as he was walking towards the Craigavon Bridge to his uncle’s house.

Curry said he was checking how it worked and didn’t mean to put anyone in fear and was sorry for doing so.

In relation to the criminal damage offences, police called to the defendant’s address at 9.20pm when he told officers that another male ripped his electronic tag off and broke it into pieces.

He was given a new tag and when police called again he was not at the property.

The defendant was located on Spencer Road where he ran off.  When tracked down on Duke Street he had no tag.

Defence barrister Stephen Chapman said ‘reckless and foolish’ is probably a fair assessment of his client’s actions.

He told the court that members of the public may well have thought it was a firearm but Curry didn’t brandish it or threaten anyone.

“It fell out of his pocket and he was trying to work with the mechanism on it,” Mr Chapman added.

Defence counsel submitted that his client has long-standing alcohol and substance misuse issues.

He asked the court to not impose a 15-month suspended prison sentence that had been imposed almost 2 years ago.

Deputy District Judge Laura Ievers said it was serious against the backdrop of a significant record.

Kelly was sentenced to a total of five months in prison.

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