Thurgoona man with mental health issues avoids conviction on firearms charges

Family members had contacted police concerned for the 67-year-old's welfare on the evening of December 27.

At one point that night he was in a back shed of one of several Albury investment properties he owned.

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He was then tracked, via an application on his phone, to the drive-through of the East Albury McDonald's restaurant.

Police pulled in behind Russell Edward Hewitt's car, got out and approached the driver's door.

They saw a rifle - the report police had received was that he had a loaded shotgun - standing upright against his leg.

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An officer grabbed the .22 calibre Winchester level-action repeater rifle after a brief struggle and expelled two rounds.

Hewitt was clearly intoxicated and later provided a blood alcohol reading of 0.135.

A search of the shed recovered up to 50 rounds of unsecured ammunition.

Hewitt pleaded guilty to possessing a loaded firearm in a public place, possess an unauthorised firearm, not keep a firearm safely, possess ammunition without holding a licence and driving with a mid-range prescribed concentration of alcohol.

Defence lawyer Mark Cronin said Hewitt had issues with depression and anxiety, but had a mental health plan and was undergoing specialist counselling. He hadn't had a firearm licence for 25 years.

"The firearm was a family heirloom, it was given to him by his father 50 years ago," he said.

"They were stored in the ceiling; not in the open, but also not in a gun safe."

Hewitt was placed on a 12-month conditional release order, without conviction, and fined $1000.

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