A Prince George provincial court judge found Karl Heinz Haus let a harmless hobby get out of hand in sentencing him to a six-month conditional sentence Monday on convictions related to a high-profile seizure of prohibited firearms and magazines from his home slightly more than two years ago.
In issuing a decision that took nearly 75 minutes to read out, judge Shannon Keyes described Haus, 55, as someone with a "passion for weapons of all sorts" who, in a bid for historical accuracy, crossed the line largely by converting two assault rifles into fully-automatic weapons.
Haus was arrested in September 2013 after Canada Border Services Agency officers intercepted two packages destined for Haus’s address from Germany holding components used to convert an M-16 rifle into a fully automatic weapon.
Among the items RCMP subsequently seized from his Prospect Point home were four illegal and improperly stored firearms, including a fully-automatic M-16 with the serial number defaced and a fully-automatic AK-47 rifle with defaced serial number in the home's garage.
Next to the rifles, they found 22 high-capacity magazines for the M-16 and 13 for the AK-47, all with the pins that kept their capacity to the legal limit of five rounds removed. Many of them were loaded.
An unregistered Ruger nine mm pistol with a fully loaded 10-round magazine was also found in the garage while a prohibited short-barrel pistol was found stored inside a hollowed out book in the living room.
A legal but improperly stored 12-gauge shotgun was found inside a television cabinet and an assortment of legal and properly stored firearms were found downstairs.
Keyes noted that while the weapons and ammunition were improperly stored, most were in a locked and alarmed garage as opposed to an unlocked pickup truck parked at a shopping centre.
She also found he tinkered with the guns in the name of achieving historical authenticity rather than for any nefarious purpose.
"No one was harmed, no one was injured, no harm was intended," Keyes said. "There were no ill-gotten gains, there were no surrounding circumstances of criminal behaviour.
"It was simply that Mr. Haus foolishly allowed his incessant pursuit of an intriguing hobby to lead him astray."
However, she also found Haus knew he was breaking the law.
"Mr. Haus knew his collection inside his house was illegal, that was part of the thrill of keeping his collection," Keyes said.
Otherwise, she was satisfied Haus would never have used his collection for an illegal purpose.
As for the concern the collection could pose a danger if stolen for a nefarious purpose, Keyes said the same could be said of every firearm legitimately owned by every licensed gun owner, "or indeed, every motor vehicle belonging to anyone."
Crown counsel had been seeking 18 to 24 months in custody for Haus, based partly on the number of illegal weapons seized. But, in issuing a decision that took more than 75 minutes too read out, Keyes disagreed with that premise.
"Aside from properly licensed and stored sporting weapons, Mr. Haus had two automatic rifles and two handguns, lots of magazines and five illegal cartridges," Keyes said.
"To describe that collection as an arsenal is to my mind an exaggeration. If four guns make an arsenal then I suspect there are arsenals on every residential lot in Prince George.
"The ownership of firearms is common in the north of British Columbia and gun owners often own several guns."
More alarming for Keyes was the more than 31,000 rounds of large and small calibre ammunition also seized. But she also noted Haus' ownership of that quantity was perfectly legal.
RCMP also found a bag of 17 shotgun shells. Twelve of them were “bolo” rounds, or shells that contain balls connected together by a wire. They turned out to be lawful, the court heard, but the five rounds of flechette shot – razor-sharp needles – are not.
Haus was known for his collection of medieval shields, swords and suits of armour, displayed in the entrance to his home "much to the delight of children at halloween" and had devoted many years of his spare time to the study and collection of weaponry.
A set of flails – sometimes incorrectly known as morning stars – were part of the selection but mounted high on the home’s walls. Although seized because they are prohibited in Canada, Haus did bring them in through customs and paid duty on them and so, Crown did not pursue charges on those items.
In a letter to the court, Haus said he let his "selfish passion" get in the way of his better judgment, causing people close to him to suffer as well.
Haus' mother had a nervous breakdown, his son lost his job and his daughter was bombarded on Facebook.
"I have jeopardized my status as a citizen of Prince George that I have called my home for 37 years through my own [poor judgment]," Haus wrote. "I have become an outcast and deservedly so."
Take away the weapons and Haus was otherwise a "pillar of the community" who, along with his wife, runs the Pastry Chef. Due to difficulties finding another certified baker to replace him, the business would close, putting 15 people out of work.
Haus pleaded guilty to six counts and forfeited $50,000 worth of weapons and ammunition to the Crown.
A conditional sentence is served at home rather than behind bars. Haus will still be able to work but is subject to a curfew. He was also issued a 10-year prohibition on owning unrestricted firearms and a lifetime prohibition for restricted firearms.
