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A Penticton man has been sentenced to nearly three years in jail after he was caught carrying a loaded handgun while there was a warrant for his arrest.

Seamus Ronald Alexander Kirby, 31, was caught in May 2021 and nearly completed his jail time before he was sentenced earlier this year. In March, a Supreme Court Justice's ruling left him with just 45 more days to spend in custody, according to a recently published decision.

Kirby already had a 10-year firearms ban ordered by the court, so Justice Steven Wilson ruled he will now have a lifetime ban.

At 31 years old, Wilson said Kirby's criminal record was "extensive" for his age.

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"His criminal record can be accurately described as an unbroken string of offences," Justice Wilson said in his decision.

When Kirby was arrested on May 26, 2021, a police officer spotted him and knew Kirby was wanted on an outstanding warrant. Kirby then fled passed a small stream and through backyards before he was caught a short time later.

As he fled, a nearby resident saw Kirby toss a small black bag into the stream, which was carrying the loaded handgun.

"This occurred in a quiet residential neighbourhood and Mr. Kirby was running through back yards in a quiet neighbourhood with a loaded gun," Justice Wilson said. "Of particular concern in circumstances such as this is that having discarded the gun into the stream, who knows what might have become of the gun had someone other than the police officers found it."

Kirby was charged with breaching his probation, resisting arrest and three firearms charges. He pleaded guilty to one firearms charge, sparing the court a trial that was scheduled for December.

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While already in custody, he was sentenced to 15 days in jail for an unrelated incident, leaving him with a total 945 days credit for time-served. Justice Wilson sentenced him to complete a remaining 45 days on March 1. 

"Mr. Kirby has indicated that he wishes to return to obtain a trade," Justice Wilson said. "Mr. Kirby, I wish you all the best with that. Time will tell, of course, but you are still young enough to be able to do something productive and have a life that fits with the expectations of society. I say it is not too late and I hope that you succeed and I wish you all the best with that."

He's now back in custody after he was caught allegedly driving while disqualified on May 10, shortly after his release, according to court records.

Kirby is facing four charges, including assaulting a peace officer and flight from police.

He last appeared in Penticton Provincial Court on Sept. 6 for a bail hearing, but remains in custody.

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