Geraldton cop Mark Kevin Swain granted spent conviction after failing to surrender banned gel blaster

A Geraldton-based police sergeant who said “laziness” and “forgetfulness” was the reason he had failed to safely store hundreds of rounds of ammunition and surrender a banned gel blaster has been spared having the conviction appear on his record. Mark Kevin Swain appeared on Thursday in Geraldton Magistrates Court where he pleaded guilty to one count each of using an inadequate storage facility for firearms ammunition and possessing a prohibited weapon, namely a gel blaster. The court was told Swain had been charged after a search of his Wandina home on May 5 revealed more than 800 rounds of ammunition of various calibre were not being stored according to legislation requirements. Some ammunition had been contained in a firearms safe in the master bedroom wardrobe that had not been secured to a wall as required, while other ammunition was found in a box in the lounge room and on top of a chest of drawers. Officers from Internal Affairs located a gel blaster in the wardrobe of an unused room, with Swain telling the court this had been a forgotten gift received by his son about five years ago. “It lasted about a year and it hasn’t been operational since,” he said. Swain said he had been unaware of last year’s change in legislation to ban gel blasters, but a representative of the State Solicitor’s Office said the 48-year-old’s employment with the WA Police meant he should have known about the update. Admitting he should have taken more care to secure his ammunition, Swain said his firearm safe had previously been bolted to his outside shed and he had yet to finish installing the safe to the wardrobe at the time of the search. Given his vocation, Swain said he typically followed firearm and ammunition regulations “in excess”, but blamed “laziness” and “forgetfulness” for his error. Magistrate Angus Hockton the “careless” storage arrangement meant anyone who entered the home could have easily removed the ammunition, putting community safety at risk. Swain was fined a total of $800 for the two charges, with Mr Hockton granting his request for a spent conviction. He was also ordered to pay $827.60 in court costs, with an order for forfeiture made for the gel blaster. He remains stood down from operational duty. The WA Government outlawed gel blasters — which shoot water filled pellets, but closely resemble real firearms — in July last year.