During the search of the defendant's house on 4 November 2022, a bag was found that contained an automatic rifle of the mark Kalashnikov with a calibre of 7.62 x 39 mm with associated magazines and ammunition, and that the bag with this content was found in a wardrobe in the defendant's bedroom.
2.48 grams of tetrahydrocannabinol, as well as packaging, a laminating machine, OCB paper and various packaging were also found there.
The district court convicted the defendant for aggravated firearms offence and drugs offence.
a military fully and semi-automatic automatic rifle of the type Kalashnikov (AKM) in calibre 7.62x39 mm with altered markings, with associated magazines and ammunition, as well as an additional bullet cartridge; 2.48 grams of tetrahydrocannabinol, as well as packaging, a laminating machine, OCB paper and various packaging.
The district court convicted the defendant for aggravated firearms offence and drugs offence.
It stated that the evidence referred to by the prosecution showed that in a wardrobe in the defendant's bedroom there was stored a bag containing an automatic carbine of the Kalashnikov brand with a calibre of 7.62x39 mm with associated ammunition.
The court added that the weapons seized had their serial number altered, and that the removal of such marking makes it difficult or impossible to trace the weapon's origin or supply route up to the time of seizure and can be seen as an indication of an environment where weapons can typically be feared to be used criminally. The court cited in its reasoning a document produced by the Sweden's National Forensic Center, called ‘Technical qualification grounds for serious weapons crimes’, which further elaborates on firearm regulations and gives investigators as well as courts an expert-level perspective to conduct investigations and trials.
The court sentenced the defendant to three years' imprisonment.
Göta Court of Appeal
The court of appeal affirmed the defendant's convictions. It however lowered the sentence to two years and six months.
Chapter 9, Section 1 a, paragraph 1 of the Weapons Act (1996).
aggravated firearms offence
A firearm with ammunition was found in the defendant's bedroom
section 1(1)(6) of the and § 2 of the Narcotics Penal Code (1968)
minor drug offence
Cannabis was found in the defendant's bedroom
Göta Court of Appeal
This case exemplifies how aggravating circumstances can also be linked to the firearm itself in cases revolving around firearm related offences. The Court stated that the removal of the firearm's marking makes it difficult or impossible to trace the weapon's origin or supply route up to the time of seizure and can be seen as an indication of an environment where weapons can typically be feared to be used criminally.
The court also cited in its reasoning a document produced by the Sweden's National Forensic Center, called ‘Technical qualification grounds for serious weapons crimes’, which further elaborates on firearm regulations and gives investigators as well as courts an expert-level perspective to conduct investigations and trials. This can be seen as a good practice in order for courts to have a better understanding of firearms related offences.