WINDSOR -- A two-year house arrest sentence has been handed down to a Windsor man, who was hoping to avoid a jail term so he can stay in Canada.

Windsor police seized a gun from 26-year-old Kunwarpal Kular. He was convicted in April of four charges, including illegal possession of a weapon and being in a vehicle with a loaded weapon.

During his sentencing, Kular's lawyer Michael Gordner asked for a conditional sentence, arguing any incarceration over six months means Kular cannot appeal his deportation.

Kular is originally from India, but is a permanent resident in Windsor, although not a Canadian citizen.

Justice Pamela Hebner stayed two of his four convictions sentencing him to two years less a day house arrest, plus 200 hours of community service.

She noted Kular is a first time offender has a supportive family and no ties to India.

Gordner tells CTV News Kular now has a legal right to appeal his deportation in front of immigration officials because he was not incarcerated.