Jamie Bacon of Abbotsford is appealing his 2010 conviction on 10 weapons charges.
Bacon, 26, is currently serving seven years in prison for those offences, and is awaiting trial on a first-degree murder charge and conspiracy to commit murder in relation to the Surrey Six slayings from 2007.
Bacon’s brother, Jarrod, 28, was acquitted in the weapons trial, but is currently awaiting sentencing on a drug conspiracy conviction. The sentencing hearing has been set for April 27.
The two brothers, who grew up in Abbotsford, were arrested in April 2007 outside their family home – then in Surrey – after rivals shot up their house and cars. Jamie, who was wearing a bulletproof vest, was struck once in the back.
Jamie returned fire with a Glock handgun. Police later found a Glock, three other loaded handguns and nine magazines in a secret compartment of an SUV parked in the Bacons’ driveway.
Bacon’s lawyer is now arguing that this evidence was wrongly admitted during the trial and violated his client’s charter rights.
The eldest Bacon brother, Jonathan, 30, was killed in a drive-by shooting last August in Kelowna.