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Shooting Forum - Firearms licencing information


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Firearms, public roads/rights of way, and the law

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    #32
    rrpc
    Closed Accounts Posts: 9,244 ✭✭✭rrpc


    Sparks wrote:
    Except that what you posted said "on" the roadway, so if you were off it, it wouldn't be a problem according to those laws. Mind you, I'd be surprised if those laws were known about by most Gardai :D
    And 'dangerous discharge' covers everything else. Which I also said.
    Said the guy who just posted acts from 1842! :D
    The question was about a specific law. That's the one that refers. Not my fault it's so old.
    Citing laws from other states if there's no irish precedent to use and me thinking that pre-founding laws were no longer on our books, those are different issues. I don't see what the conflict is!
    Read the posts again carefully, all will become clear. You never brought up other jurisdictions until I pinned you on precedent. You made them different issues to avoid admitting I was right :p , And ignored the fact that other jursidictional law is not a precedent within the legal meaning of the word.


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    #33
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    You never brought up other jurisdictions until I pinned you on precedent.
    At the risk of engaging in basic primate behaviour, I'll ask how this became a wrestling match. You're correct about prior cases, I thought I'd said so; but they don't answer the original question. You're not correct about precedent being a direction to a judge as no two cases are ever identical so precedent can only ever be used as guidance. And I can cite cases to you where laws from other states were used as guidance by judges up to and including the supreme court, but the word they use is not precedence, so I don't know who you'd award points to there.

    More on point, do we have any case law that offers a precedent for this? BAILII hasn't got anything, neither has IRLII nor the Courts.ie judgement database.


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    #34
    Chopperdog
    Closed Accounts Posts: 397 ✭✭Chopperdog


    No fighting in the playground children......


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    #35
    Rew
    Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Chopperdog wrote:
    No fighting in the playground children......

    The rate they go at each other we will have to get a sub-forum especially for them!! :D


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    #36
    [Deleted User]
    Posts: 5,589 ✭✭✭ [Deleted User]


    Sparks - those legal databases are crap.

    You need the physical journals to get anywhere near a comprehensive list


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    #37
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    I wouldn't call them crap OP, it's just that they don't have everything in them. You'd need one of the subscription-based services to get a full list, and I don't have access to those right now.


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    #38
    [Deleted User]
    Posts: 5,589 ✭✭✭ [Deleted User]


    eh... Berkely Library maybe??


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    #39
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    You're a darn sight closer than I am to there don't forget OP...


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    #40
    rrpc
    Closed Accounts Posts: 9,244 ✭✭✭rrpc


    Sparks wrote:
    You're not correct about precedent being a direction to a judge as no two cases are ever identical so precedent can only ever be used as guidance.

    That's just plain wrong. Precedent becomes law, the argument in court is whether the case in point matches the precedent, not whether the precedent can be used or discarded at the whim of the judge even if the facts fit. No two cases are exactly identical, yet precedent rules all the time. New laws are constantly being tested in court, and in the cases where the test wins the precedent becomes de facto law. The X case is a case in point. If it was something that a judge could ignore, why then the pressure to legislate for the X case? I seem to remember just such a case coming up again some years later and being judged under the X case precedent.
    And I can cite cases to you where laws from other states were used as guidance by judges up to and including the supreme court, but the word they use is not precedence, so I don't know who you'd award points to there.
    My point precisely. I described that as 'precedence' the inverted commas were used to distinguish it from legal precedence. So cite away, you're talking about guidance, I'm talking about legal precedence. It was you who brought up the extra-jurisdictional cases in the first place, when they had no part in the topic under discussion.
    More on point, do we have any case law that offers a precedent for this? BAILII hasn't got anything, neither has IRLII nor the Courts.ie judgement database.
    What do you mean by 'this'?


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    #41
    rrpc
    Closed Accounts Posts: 9,244 ✭✭✭rrpc


    Rew wrote:
    The rate they go at each other we will have to get a sub-forum especially for them!! :D
    Nothing to see here, just a little blood!, Move along now, Nothing to see here folks, Move along.....


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    #42
    Chopperdog
    Closed Accounts Posts: 397 ✭✭Chopperdog


    Come on lads, this is getting very tedious and painful. Three options for you:

    1. Handbags at dawn.
    2. Drop it and shut the **** up.
    3. Take it to the Legal discussion forum.


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