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Shooting Forum - Firearms licencing information


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Getting a license with a conviction

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  • 15-01-2008 5:54pm
    #1
    mookishboy
    Registered Users Posts: 276 ✭✭


    Just an enquiry
    I am thinking of getting a license for shotgun and then after a rifle as all the brothers and the da have multiple guns and go out regularly. I am getting a bit miffed about using their guns all the time and would love to have my own.
    only one problem though. i got in trouble back in the early 90's and got a conviction for fighting and a suspended sentence. I have read in the Firearms act that its up to the superintendent in the district in which i live to grant permission, on a case to case basis ?
    what do you reckon my chances would be?


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    #2
    bitemybanger
    Registered Users Posts: 2,475 ✭✭✭bitemybanger


    I thimk if it went as far as a suspended prison sentence you might have some real problems. all you can do is ask your supernintendo.


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    #3
    DJKH
    Registered Users Posts: 45 ✭DJKH


    bitemybanger wrote: »
    I thimk if it went as far as a suspended prison sentence you might have some real problems. all you can do is ask your supernintendo.

    The Firearms Acts are very clear on the subject:

    Amendment of section 8 of Principal Act. 17.—Section 8 of the Principal Act is hereby amended by—

    [GA] (a) the substitution of "sixteen years" for "fifteen years" in paragraph (a) of subsection (1),

    [GA] (b) the deletion of paragraphs (d) and (e) of subsection (1) and the insertion of the following paragraphs:

    [GA] " (d) any person who has been sentenced by any court in the State to penal servitude or to imprisonment for any term which has not expired or has expired within five years previously for a crime in the course of which a firearm was used or a firearm or an imitation firearm was produced for the apparent purpose of intimidating any person or a threat to use a firearm against any person or property was made, and

    [GA] (e) any person who has been sentenced by any court in the State to penal servitude or to imprisonment for any term of not less than three months which has not expired or has expired within five years previously for a crime consisting of or including an assault on any person, and".

    If you did not receive a custodial sentence as per e then you are entitled to a firearm like anyone else.

    If you are refused then you may appeal the decision to the district court within one month of refusal.

    Declan Keogh
    FLAG


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    #4
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    The law says that if the sentence ended more than five years ago, it doesn't count against you having a licence today. However, if it was introduced as evidence that you were a person of intemperate habits, you might have to wander down to the district court and point out to the judge that you were in trouble once ten years ago as a young fella and that you've since learnt your lesson and stayed out of trouble and that the superintendent was overreacting.

    Assuming, of course, that your record would back you up on this!


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    #5
    mookishboy
    Registered Users Posts: 276 ✭✭mookishboy


    well i have been out of trouble since then, bar getting 2 points for velocity related issues..


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    #6
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    Well the law's on your side so.
    Unfortunately, depending on where you are, your superintendent may not be.
    Best advice is to go have a chat with him about it.
    Pragmatically speaking, it's always best to avoid going to court if at all possible, so a friendly relationship with your local Garda is worth it's weight in gold, so to speak.


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    #7
    sidneyreilly
    Registered Users Posts: 649 ✭✭✭sidneyreilly


    Most likely they will ask you about it and sound you out, application should go through fine after that.


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


    Friend of mine is in the same boat and they asked him to wait 12 months from his first application and come back. Its just hitting 12 months now so we'll see how he goes.


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    #9
    sidneyreilly
    Registered Users Posts: 649 ✭✭✭sidneyreilly


    Rew wrote: »
    Friend of mine is in the same boat and they asked him to wait 12 months from his first application and come back. Its just hitting 12 months now so we'll see how he goes.

    Sounds like a "see if he keeps his powder dry" option.


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    #10
    Rew
    Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Its also a cooling off in case he wanted it for a bad reason. He's acutally a nice guy who just had a problem with booze once he gave that up he hasn't set a foot wrong.


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    #11
    sidneyreilly
    Registered Users Posts: 649 ✭✭✭sidneyreilly


    Rew wrote: »
    Its also a cooling off in case he wanted it for a bad reason. He's acutally a nice guy who just had a problem with booze once he gave that up he hasn't set a foot wrong.

    Didnt mean anyting derogitory by that Rew. Who hasnt at some time been in a brawl!


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