PITTSFIELD -- A Pittsfield man is being held on $5,000 bail after allegedly pulling an antique gun on a bartender during a dispute about an icy sidewalk.

Joseph McGregor, 49, of Francis Avenue, apparently was intoxicated on Saturday afternoon when he pulled an unloaded revolver on a bartender at the Polish Community Club on Linden Street, according to police and prosecutors. The men had exchanged words. McGregor asked to speak to the owner about the state of the sidewalk in front of the club and the bartender took his beer.

When McGregor pulled the gun, police said, the bartender grabbed it while two customers wrestled McGregor to the ground. McGregor smelled of alcohol and had an open bottle of whiskey on him, police said.

McGregor's attorney, Jill Sheldon, told the court that her client was walking past the club when he slipped on the ice because they hadn't cleaned off the sidewalk. This was the second time he had slipped there, she said. McGregor went in to talk to the owner and ended up arguing with the bartender.

Sheldon said her client recalled slapping the gun down on the bar and didn't point it at anyone. McGregor believes the gun isn't in working condition and can't be fired.

According to a police report, the gun is a .31 caliber black powder Pietta revolver that is a replica of an 1863 Pocket Remington Nickel revolver and is able to be fired.

It will be sent to a police lab to determine if it is in working condition.

Mcgregor pleaded not guilty in Central Berkshire District Court on Monday to charges of felony assault with a dangerous weapon and carrying a firearm without a license.

In the case of antique weapons and working replicas, no firearm identification card is required to own them, but a license is required to carry them in public, according to the report.

Assistant Berkshire Attorney Kelly M. Kemp said the defendant had a long record from three states that included assaultive behavior and a fourth offense drunken driving conviction.

She asked for $10,000 bail for the defendant.

Sheldon said Mcgregor hadn't been in any trouble since 2008 and asked for personal recognizance for her client.

Judge Charles W. Groce III told Mcgregor he was serving "life on the installment plan," pointing to his 30-year criminal record tied to alcohol abuse.

He ordered him held on $5,000 bail. Mcgregor is due back in court April 3 for a pretrial hearing.

To reach Andrew Amelinckx:

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