A MAN not used to British gun law could be jailed because he had a non-working air pistol in a Selby nightclub in the early hours.

Door staff called in police when they saw Lubos Filek, who is Slovakian, with the 4.5 mm calibre Beeman model P17 (2004) weapon in The Square Bar at 3.44am on Saturday January 10, Kathryn Reeve, prosecuting, told York Magistrates.

Magistrates sent him to York Crown Court where, Filek, 36, of Chandlers, The Waterfront, Selby, pleaded guilty to having an imitation firearm in a public place.

Lawyers for Filek told both courts gun law in Slovakia is different from British gun law. Filek has been living in Britain for ten years.

The Recorder of York, Judge Stephen Ashurst, said: “It is open for the court to impose a relatively short prison sentence.

“I will keep an open mind as to whether or not any realistic other option can be used in this case.”

Nicholas Barker, prosecuting, told York Crown Court the main concern was the effect the gun had on other people in the nightclub.

The judge turned down a defence request for Filek to be sentenced immediately because Filek has three convictions for drink-driving and has breached a court order in the past.

He ordered probation officers to prepare a report including looking at whether Filek has an underlying drink problem and released Filek on bail on condition he observes a nightly curfew, lives at his home address and stays out of licensed premises in Selby.

Possession of a working air pistol in public is an offence that carries a maximum sentence of six months.

Because Filek’s air pistol wasn’t working, the prosecution charged him with the imitation firearm offence, which carries a maximum sentence of 12 months.

Nicholas de la Poer, defending at the crown court, said Filek was on his way home with the air pistol when he went into the night club.

Had he gone straight home after buying it, he would have had a defence against the charge.