B.C. man sent to prison for carrying loaded 'ghost gun' in Burnaby mall

The inside of Metrotown mall in Burnaby, B.C., is seen in this undated image. (Shutterstock)

A 23-year-old Surrey, B.C., man will spend up to two and a half years in prison after he was caught carrying a loaded "ghost gun" in a Burnaby, B.C., mall.

Arunjit Singh Virk is also prohibited from possessing any firearm, restricted weapon or ammunition for 10 years, B.C. provincial court Judge Reginald P. Harris ruled.

Virk was arrested on March 28, 2021, after a Metro Vancouver Transit Police officer was patrolling the Metrotown shopping centre when he spotted Virk engaged in a suspected drug deal, according to the judge's Jan. 23 sentencing decision, which was published online Monday.

When Virk saw the officer, he fled the parking lot into the mall, where police monitored his movements on mall surveillance cameras. Police watched as he bought new clothes and then changed into them in a move that was "obviously designed to avoid police detection," the judge said.

Wearing his new clothes, Virk left the mall and got into a taxi. However, police quickly intercepted the cab and arrested Virk.

Gun could not be traced

During a search of his possessions, Virk voluntarily told police he had a gun in his bag, the court heard.

"The police searched the satchel and inside they located a Polymer 80 model PF940CL semi-automatic handgun," the judge said.

"The gun was loaded and it was a ghost gun in that it did not have serial number. In the result, the police could not trace the origins of the gun."

The court was told that Virk, who recently married, was born and raised in B.C.'s Lower Mainland, growing up in a stable home free from neglect or substance use.

A couple years after his uncle died when Virk was 15 years old – an event the judge described as "traumatic" for the teenager – Virk started using oxycodone recreationally, in addition to marijuana and alcohol. Eventually his parents took him to India for substance abuse treatment, and he completed another recovery program back home in 2022 before quitting drugs again in May of last year.

After completing high school at age 20 through a continuing education program, Virk worked various construction jobs. At the time of his sentencing, he was working as an office assistant at the same business where his mother works.

In a pre-sentence report presented to the court, Virk acknowledged the harm he could have caused by bringing a loaded gun into a busy mall, and admitted that he makes poor decisions when using substances.

Virk 'possessed the gun for protection'

A doctor's psychological assessment prepared for the court diagnosed Virk with an unspecified mood disorder, as well as traits of an antisocial personality disorder and a polysubstance use disorder.

The doctor found Virk is at a mild to moderate risk to reoffend, and recommended he receive treatment from a forensic psychiatric clinic.

However, the doctor "did not conclude or suggest that Mr. Virk’s offence was linked to his mental health or drug use," the judge said. Instead, Virk told the doctor he "possessed the gun for protection, thus, suggesting a deliberate process wherein he took steps to arm himself," the judge added.

A letter from another doctor, who said they had been Virk's physician since 2018, was largely discounted by the judge, who found the letter "was created after Mr. Virk’s sister provided the doctor with a draft letter of what should be written."

"As such, I do not know what assertions are based on the doctor's knowledge versus what the doctor was simply told," the judge said.

"I also note, the doctor makes conclusory statements without providing support for the conclusions. A further concern is the doctor’s letter appears written from the position of an advocate rather than a balanced conveyor of observations. This perspective is exemplified by the doctor making recommendations regarding custody without knowing anything about the offence."

Aggravating and mitigating factors

The maximum penalty for possessing a loaded handgun is 10 years in prison, the judge noted.

Crown prosecutors sought a three-year prison term in the case, citing denunciation and deterrence of the weapons offence as the primary sentencing objectives. Meanwhile, Virk's defence lawyer argued for a conditional sentence of 18 months to two years, citing the defendant's youth and mental health challenges as mitigating factors.

"Turning to Mr. Virk’s moral culpability, and I recognize he has experienced some struggles, there is insufficient evidence to conclude that his mental health or drug use caused or contributed to his offence," the judge concluded.

"It is aggravating that Mr. Virk chose to possess a firearm in a highly public area, namely the exterior and interior of a mall," he added. "It is aggravating that the firearm was loaded and without a serial number."

For mitigating factors in his sentencing decision, the judge noted Virk's lack of a prior criminal record, the support of his family, his efforts at rehabilitation and the fact he warned police that he had a handgun when he was arrested.

As part of his sentence, Virk was ordered to submit his DNA to the national police DNA databank.