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High Court victory

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  • 19-01-2008 5:57pm
    #1
    Registered Users Posts: 59 ✭✭


    Page six, todays Daily Star has a small article about a bloke in Kerry who just won a high court case over a (9mm) pistol refusal. Three years to get his pistol (granted with no conditions).
    Goddammit, I thought I was going to get the record but am only at the two year mark yet!:mad:
    Well done, whoever you are and happy shooting !!:D


Comments

  • Registered Users Posts: 4,612 ✭✭✭bullets


    If you could scan the article and post it it would be great.

    I'm collecting all gun related newspaper articles I can.

    ~B


  • Registered Users Posts: 45 DJKH


    bullets wrote: »
    If you could scan the article and post it it would be great.

    I'm collecting all gun related newspaper articles I can.

    ~B



    Delay in handgun licence 'unlawful'
    A gun club member is seeking a High Court order that a three-year delay by the Garda in granting him a licence for a handgun is unreasonable and unlawful. Login or subscribe for more.


  • Closed Accounts Posts: 198 ✭✭SMERSH


    Fridays story:
    Delay in handgun licence 'unlawful'

    A gun club member is seeking a High Court order that a three-year delay by the Garda in granting him a licence for a handgun is unreasonable and unlawful.

    <name>, claims Superintendent John O'Riordan of Listowel Garda station had unreasonably withheld a firearms certificate for a 9mm Luger pistol.

    The case was adjourned yesterday to allow Supt O'Riordan, who is being represented by the State in the case, to come to court after Mr Justice Iarfhlaith O'Neill said he believed the issue could be easily resolved between the parties.

    The judge earlier heard <name> had applied in 2004 for a certificate under the 1925 Firearms Act and had received a letter from the superintendent in December of that year saying he had been approved. However, the certificate was not issued even though it had been drafted, Mr Conleth Bradley SC, for Mr White said.

    Last December, the Chief State Solicitor's office wrote to <name> on behalf of the superintendent saying the licence would be granted subject to conditions, including that he would have to have access to an approved firing range.

    This appeared on Saturday
    Objections to gun licence dropped

    More news in brief

    A gun club member has settled his High Court action over a three-year delay by gardaí in granting him a licence for a handgun.


    His application for an order that his right to fair procedures had been breached, because he was not told why the licence was being withheld, was struck out and he was awarded 75 per cent of his costs.

    The case had been due to be heard over two days in the High Court but after Mr Justice Iarfhlaith O'Neill said he believed the matter could be easily resolved between the parties, it was adjourned. Yesterday, the judge was told the State had agreed to grant the licence without any conditions.


  • Registered Users Posts: 1,641 ✭✭✭Bananaman


    Congrats to Karl - he has fought he good fight and is to be commended for standing up for his rights and not allowing himself to be bullied.

    He can come and try to get the trophy back now :-)

    Mods - I'd scratch any particulars of addresses for the obvious reasons.

    B'Man


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    The Irish Times printed the name and address.

    I agree that the papers/other media should not print/broadcast the address details of shooters taking actions against supers in the courts. I raised this concern before and it fell on deaf ears.


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  • Closed Accounts Posts: 6,096 ✭✭✭bunny shooter


    Seems the precedent has been set that you don't have to be a member of an authorised range ?


  • Closed Accounts Posts: 801 ✭✭✭jaycee


    His application for an order that his right to fair procedures had been breached, because he was not told why the licence was being withheld, was struck out

    Eh ? :confused:

    Seems the precedent has been set that you don't have to be a member of an authorised range ?

    Eh ? :confused:

    Was that somewhere else in the article ?


  • Closed Accounts Posts: 9,244 ✭✭✭rrpc


    jaycee wrote: »

    Eh ? :confused:

    Was that somewhere else in the article ?

    I think he's inferring it from these two statements
    Last December, the Chief State Solicitor's office wrote to him on behalf of the superintendent saying the licence would be granted subject to conditions, including that he would have to have access to an approved firing range.
    Yesterday, the judge was told the State had agreed to grant the licence without any conditions.

    I'd have to read the court transcript before I came to any conclusions. It appears that these reports came from the Indo and if the Indo said it was daytime, I'd look out the window first.


  • Registered Users Posts: 2,523 ✭✭✭Traumadoc


    I dont think its precedent as it was settled before the judge made a ruling.
    Interesting though the judges advice seemed to "be this can be settled" (ie your going to lose,guard).

    Having reached agreement the case was then struck out- so no ruling was made.


  • Registered Users Posts: 1,559 ✭✭✭Umiq88


    Thats nice to have your name splashed all over the paper that you've recently aquired a 9mm license


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


    Thats nice to have your name splashed all over the paper that you've recently aquired a 9mm license

    Yeah I thought the same...


  • Closed Accounts Posts: 6,096 ✭✭✭bunny shooter


    rrpc - you are so wise :D


  • Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    Thread edited to remove name and address.

    DeV.


  • Closed Accounts Posts: 627 ✭✭✭mcguiver


    Interesting case, does anyone know if a reason was given by the shooter as to why they wanted the firearm?

    Obviously the only legitimate reason for pistol is competition, so surely they would be involved in a club or at least visiting competitions, or was it a case that they were, and the range they use is not approved yet?

    Since the re-introduction of pistols there seems to be a huge interest in people who "always wanted one".


  • Registered Users Posts: 40,038 ✭✭✭✭Sparks


    The end user in this case was heavily involved in a target shooting club in Kerry, mcguiver, and would have a few other licences already.


  • Registered Users Posts: 314 ✭✭Kryten


    +1, Have met him at numerous shoots. A very keen target shooter and a sound bloke to boot!!! Glad he got sorted with his licence!
    Seems unfair that an active sports shooter, who can prove his legitimate use for such a firearm, i.e competition, has to jump through
    hoops and go the legal route to obtain a licence, when in other districts it seems to be a lot easier to obtain a licence and you may not even meet the Superintendent

    :)


  • Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    Lets not descend into arguments about licensing etc. :)

    DeV.


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