POLICE found a gun by the kitchen sink when they raided the home of a Burnley criminal, a court was told.

Ex-drug addict Grant Smith, 32, who had been jailed for four years for arson in 2000, was banned from having a firearm because he had served a sentence of more than 36 months and would have signed a document to that effect on his release.

The air rifle was damaged but was capable of being fired, although the defendant, the father of a 12-year-old girl, had no ammunition, Burnley Crown Court was told.

Smith, whose friend was said to have tipped off the police in spite after they fell out, kept his freedom after a judge said there was no evidence he had used it and he was said to have changed his attitude to life.

Recorder L Lowe said the public and the courts were naturally concerned when people with substantial previous convictions and who had been to prison were involved with firearms.

But, he added, any custodial term would be short and Smith could be punished more constructively outside jail.

The defendant of North Street, Hapton, admitted possessing a firearm when prohibited and had been committed for sentence by magistrates. He was given 100 hours community service.

John Beggs, prosecuting, told the court police searched Smith's house on Junction Street, Burnley, last August.

When the defendant was quizzed by police he said a friend had brought the gun to his house 18 months before but had then gone to Thailand and not returned to collect it.

Smith had previous convictions for grievous bodily harm and burglary and had been jailed more than once.

Mark Stuart, defending, told the court: "Air rifles are available on the high street locally as elsewhere.

"There was no ammunitiion and the importance of that goes without saying."