A repeat offender who failed in bids to buy a banned gun through the Telegram app was jailed for more than four years on Wednesday despite claiming it was "internet bravado".
Ian Carmichael was twice involved in negotiations to secure a handgun but on the second occasion was in talks with an undercover police officer. A judge told him: "You have pled guilty to a conspiracy to purchase a handgun on two separate occasions, negotiating the price on each occasion."
Lady Haldane said at the High Court in Edinburgh: "It is not clear what you intended to do with the handgun." The judge said his position was that it was an act of bravado but added: "If so it seems an extremely foolish, not to say dangerous, way to show off."
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She said Carmichael had a prolific criminal record and his most recent conviction, for which he is awaiting sentence, involved a serious crime of violence. The judge said that firearms offences were rightly seen as some of the most serious to come before the court and that public protection was a paramount consideration.
Lady Haldane told Carmichael, 43, that she would have jailed him for six and a half years if he had been convicted of the crime following a trial. Following his guilty plea he was jailed for four years and four months.
Carmichael, formerly of Foxglove Close, Edinburgh, admitted committing an offence under the Firearms Act by conspiring with others between October 18 and November 9 last year to purchase a prohibited weapon. He used a mobile phone to communicate with someone known as Armored House on Telegram and agreed to buy a Glock G19 after inquiring about the price for the gun with ammunition.
He also agreed to buy a Baikal pistol and silencer from another Telegram user called @Blanco 3844, who was an undercover officer, and agreed to meet at Sheriffhall Park and Ride, in Edinburgh, for the transaction to take place. Carmichael , who has 37 previous convictions, including a firearms act offence involving a pepper spray, had been freed on bail orders from Edinburgh and Glasgow sheriff courts at the time.
Advocate depute John McElroy said that police received information that Carmichael was attempting to purchase a pistol and ammunition and an undercover operation was launched. Officers contacted him in November and he was asked if he was after "metal"and told that it could be arranged. Carmichael replied: "Nice one, bro."
Mr McElroy said: "On November 7 last year Carmichael was told by the undercover officer that the handgun cost pounds 1000 and came with a 'muzzle'. Later that evening the undercover officer set up a video all with Carmichael to have discussions about the purchase. Carmichael did caution him in advance that he had been smoking cannabis and was 'stoned to the bone'," said the prosecutor.
The following day Carmichael was contacted again and a meeting was arranged. Carmichael inquired if there were any bullets with the gun. He did not attend the meeting at the park and ride after a friend warned him that the purchase was "dodgy".
He was arrested the next day and his mobile phone was seized and his earlier conversation with "Armored House" was found during which he asked about the price of a handgun and discussed paying for it with the cryptocurrency Bitcoin. He was told the asking price was pounds 450 but the conversation over the purchase of the gun ended after he came into contact with undercover officers.
Carmichael told police during an interview that he was using the Telegram app to buy cannabis for personal use but was aware other illicit items could be sourced through it. He said he had entered a chatroom where people were discussing guns and indicated that he wanted to get one. Somebody had contacted him and it "snowballed from there".
Mr McElroy said: "During the interview he told the police that whilst he had asked for a handgun or 'gat', he had no need for a handgun, that he didn't have pounds 1000, that he was 'trying to be the big man' and that his behaviour had been 'internet bravado'."
Defence solicitor advocate Ewen Roy said that Carmichael was initially "only curious through boredom" but that had progressed to more detailed contact. He said Carmichael developed a drive to get a gun but added: "I asked him why. He can't properly articulate the reason why."
Mr Roy said Carmichael told police that he was not a gangster, did not have enemies and did not need a gun for protection. He said: "At the end of the day he was not actually in possession of any prohibited items."
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