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Official dialogue from the DoJ regarding the Restricted List.

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  • 29-02-2008 2:46pm
    #1
    Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭


    I've been asked by the Dept of Justice to communicate this document to you all.

    Its a set of questions that were submitted by email which have been answered by the DoJ. All the dealers were (apparently) given an email address to submit questions to but surprisingly, not many did.

    Here are the questions and the answers.

    DeV.


«1

Comments

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


    DeVore,

    Thanks for that - very interesting.
    The S.I. does not prohibit any firearm. Every firearm is licensable provided that the applicant can demonstrate ‘good reason’.

    I think that should end the "confusion over the restricted list" type topics.

    B'Man


  • Registered Users Posts: 3,070 ✭✭✭cavan shooter


    DeVore, Many thanks

    Clarifies some worries "pistol grip" being one, any chance of tipping your contact for the draft guidelines refered to :D


  • Registered Users Posts: 1,830 ✭✭✭Jonty


    The one thing I idon't like is

    "During the next renewal, the onus will be on the licence holder to inform the Gardaí that the firearm is restricted. "

    So, in other words, for this year's renewal, its a self regulated system until the gardai finally cop on to the fact the Jimmy down the road with the 338 lapua magnum never declared that his firearm was restricted.

    What about somebody who isn't up to date with firearms legislation? If it wasn't for the Net and all the people here, I wouldn't know about this restricted bull.


  • Registered Users Posts: 3,070 ✭✭✭cavan shooter


    Agree that could be a worry. I now with the +3 shot issues with shotguns it seems to be going over the heads of fellas I know.


  • Registered Users Posts: 13,034 ✭✭✭✭It wasn't me!


    Hmm, while a lot clearer, it seems a lot harsher now in its clarity. Perhaps just a personal impression, but it seems quite grudging. I hesitate to use the term "aggressive", because it doesn't fit, but that's the word in my mind.


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


    If they are going to make all these restrictions are we going to find out
    the specific and non-ambiguous reasons behind making them?

    I'd love to see the actual reasons why they are putting each of these restrictions in place.

    I have not got a clue why they would want to restrict a stock with a pistol grip???
    Whats the logic? be it a .22, a shotgun or a fullbore rifle its only
    the bit you put your hand on ? Its almost laughable.

    ~B


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


    In terms of legitimacy, I will detail how I have determined the legitmacy of this document (sorry, it was so water tight I never even thought to pass it along).

    This document came straight to me through email from a DoJ official source. Its an official document that has been released before to the dealers and there is nothing "insider" about its contents, it just hasn't been as widely circulated as everyone would like.

    I traced the mail back through the IP's it journeyed through to get to my desk and the originating IP is mail1.justice.ie. The person who sent it to me is in a position to distribute this document (as per a google search) and when I phoned DoJ and asked for him, he knew who I was. So, its a genuine document for sure from a well positioned person.

    DeV.


  • Registered Users Posts: 1,230 ✭✭✭chem


    OOOooh Id be putting on my tin foil hat at this stage DeVore, They know who you are:D

    Its all good from what I see. They will even be publishing and making PUBLIC:eek: the conditions needed for a "good reason". No more second guessing or cloak and dagger!......I hope!

    Just out of interest. How can I trace an IP?

    Sorry prob should ask that on another forum.

    I wonder if elephants trampling your flower bed be good enough for a .50?:p


  • Registered Users Posts: 150 ✭✭Slug chucker


    Let's play the restricted game!
    I've got four firearms and a fullbore moderator, items now all classed as restricted :eek:
    That brings my count to five, anybody got a higher count?
    :)

    Do I get bonus points for my pump as it is restricted under two different headings, 5 in the mag and it has a pistol grip stock?

    Cheers,
    Slug Chucker (I better modify my name to "no longer allowed to chuck slugs")


  • Registered Users Posts: 1,783 ✭✭✭maglite


    What is a firearm,


    how does my silencer fall into this ???

    ???


    and penitrating proectials are restricted, ?? i did not understand the reply it appeared to talk about another topic all together?


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


    how does my silencer fall into this

    I could be wrong but has that not always been the case?
    no longer allowed to chuck slugs

    Why?


  • Subscribers Posts: 4,076 ✭✭✭IRLConor


    maglite wrote: »
    What is a firearm,


    how does my silencer fall into this ???

    ???

    The Firearms Act essentially defines a silencer to be a firearm. The way it does this is by defining "component parts" of firearms to be firearms in their own right and then explicitly defining "silencers" to be a "component part".
      ... “firearm” means—
    1. ...
    2. ...
    3. ...
    4. ...
    5. ...
    6. ...
    7. except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:
      1. ...
      2. a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and
    maglite wrote: »
    and penitrating proectials are restricted, ?? i did not understand the reply it appeared to talk about another topic all together?

    They said essentially that they intend the definition of "penetrating projectile" to be defined in the same way as in a previous SI, the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993. Unfortunately their answer wasn't all that clear as that SI doesn't actually define "penetrating projectile". The definition is actually in Council Directive 91/477/EEC.

    It looks like when they were drafting the restricted list SI they copied one part but not the other from that council directive. They copied this:
    Ammunition with penetrating, explosive or incendiary projectiles, and the projectiles for such ammunition.

    but failed to include this in the definitions section of the restricted list SI:
    'ammunition with penetrating projectiles' means ammunition for military use where the projectile is jacketed and has a penetrating hard core

    It just looks to me like they were a little sloppy in their drafting.


  • Registered Users Posts: 39,355 ✭✭✭✭Mellor


    So that should stop all the scarmoungering.
    Some of the initial concerns were a little pesimistic, pistol grips etc.


    The pistol grip refers to exactly what alot of us thought. As does the ammo issue. Im disappointed that the collaspable stock issue was raised, just to have it in writing.


  • Moderators, Society & Culture Moderators Posts: 16,397 Mod ✭✭✭✭Manic Moran


    bullets wrote: »
    I have not got a clue why they would want to restrict a stock with a pistol grip???
    Whats the logic? be it a .22, a shotgun or a fullbore rifle its only
    the bit you put your hand on ? Its almost laughable.

    ~B

    Welcome to the world of the US Gun Control Concepts. We've been fighting that piece of idiocy over here since 1994.

    Now, here's another question for people to consider. As California is one of those States which still thinks pistol grips are evil, there is quite an industry in 'California Legal' modifications. They tend to come in two variants, one basically turns the pistol grip into part of the stock
    <pic removed upon request>
    the other is simply an oddly shaped (and ugly) stock.
    <Pic removed upon request>

    Now, in the US at least, you don't necessarily have to buy the entire rifle as a package: You can buy the receiver, and then add on whatever you want onto it, from barrel through stock. Changing from one type of grip to another is usually just a matter of unscrewing one grip and screwing in another, the work of a few minutes. How is this going to fit into the system?

    NTM


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


    Considering the pressure that the media in the UK apply to their politicians and the need those politicians have to placate the media rather than the greater public at large, headines like the following are always a bit worrisome.

    http://news.bbc.co.uk/2/hi/uk_news/scotland/north_east/6403461.stm
    http://news.bbc.co.uk/2/hi/uk_news/scotland/7272553.stm

    I have to agree that crime related to firearms, specifically handguns, is out of control in the UK but that is in a climate where there are no legally held handguns.

    We should count our blessings that, albeit somewhat behind closed doors, there is an informed debate going on with respect to our Firearms legislation.

    Remember the official line from the Department of Justice, Equality and Law Reform:
    The S.I. does not prohibit any firearm. Every firearm is licensable provided that the applicant can demonstrate ‘good reason’.

    It is in all our interests to ensure that we can do all that we can to ensure that the legally licensed firearms we hold do not end up in the hands of criminals so that the statistics - which hold major sway with the powers that be - remain in our favour.

    B'Man


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


    Manic Moran,

    In a thread created at the behest of the DOJ - you go posting images like that. :mad:

    I am tempted to start a poll as to whether ar not you are buggest eejit on these boards. I think it may be somehat onesided so we'll just accept it as fact.

    B'Man


  • Registered Users Posts: 1,230 ✭✭✭chem


    Bananaman wrote: »
    Manic Moran,

    In a thread created at the behest of the DOJ - you go posting images like that. :mad:

    I am tempted to start a poll as to whether ar not you are buggest eejit on these boards. I think it may be somehat onesided so we'll just accept it as fact.

    B'Man

    B`man think thats abit uncalled for. Notting wrong with posting a pic. As has been said by Manic Moran, whole industries have been set up to exploite loop holes in firearms laws. Look at the UK. They have kept pistolshooting alive by having long barel revolvers, attaching stocks and weights to target pistols, straight pull rifles, etc.
    Its not the fault of the shooters who are forced to take these actions to keep there sport alive, but the problem is poor laws that seem to have little or no reason for been made. Eg: whats more dangerous. A shotgun with a pistol grip or the same shotgun with an ordinary stock???

    Same goes for the pics posted by Manic Moran. If the stocks were all wood and pink does it make a difference to function of the weapon? NO. But because they are black and plastic it is now an assault rifle "looking like" weapon.


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


    He just gave samples of what happens in the US, What happens here if you have a unrestricted firearm and buy an aftermarket stock with a pistol grip- Is it now a different gun, Is the FAC now invalid? Will a thumbhole stock be restricted?

    Is this grip illegal? or will it make the firearm restricted?
    http://www.sportsmansguide.com/net/cb/cb.aspx?a=244527


  • Subscribers Posts: 4,076 ✭✭✭IRLConor


    Traumadoc wrote: »
    Is this grip illegal? or will it make the firearm restricted?
    http://www.sportsmansguide.com/net/cb/cb.aspx?a=244527

    That particular stock would be fine, since it's for a rifle and pistol grips are allowed on rifles.

    If it was on a shotgun then I don't know, it'd be a matter of interpretation I guess.


  • Moderators, Society & Culture Moderators Posts: 16,397 Mod ✭✭✭✭Manic Moran


    Manic Moran,

    In a thread created at the behest of the DOJ - you go posting images like that.

    I am tempted to start a poll as to whether ar not you are buggest eejit on these boards. I think it may be somehat onesided so we'll just accept it as fact.

    The DOJ is going to have to deal with this question eventually. For whatever reason They have, They don't like pistol grips. These photos demonstrate ways of owning such a firearm without having the offensive pistol grip, but I'll lay bets the DOJ drafters have never heard of such a modification: It's not exactly common and only exists in jurisdictions which restrict pistol grips.

    Since the only danger of a pistol grip, as has been noted above, is purely aesthetic and ergonomic, and these modifications change this entirely, it seems like it may well be a way of getting, for example, the Benelli M4 shotgun the DOJ uses in its example in the reply posted earlier.

    Now, here's the catch. Let's say, for whatever reason, you want to import an M4. The Super looks it up on the web, and sees a pistol grip, and will not grant you the license to import it as it's restricted, and says you need to take your chances with the Chief. You are willing to change the pistol grip to a CA-style grip/stock, but you can't do it until the shotgun has been imported and you can attack it with a screwdriver.

    How is this impasse resolved?

    NTM


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  • Registered Users Posts: 39,355 ✭✭✭✭Mellor


    To modify it you will first need to own it, which means getting a FAC for it anyway. He difference it that they are not illegal like in CA, but restricted.


  • Registered Users Posts: 13,034 ✭✭✭✭It wasn't me!


    Yeah, but I think the question is, what happens when you turn a restricted firearm, which is restricted on aesthetic grounds, into an unrestricted one? Want to ask for the extra cash back? ;)


  • Moderators, Society & Culture Moderators Posts: 16,397 Mod ✭✭✭✭Manic Moran


    Mellor wrote: »
    To modify it you will first need to own it, which means getting a FAC for it anyway. He difference it that they are not illegal like in CA, but restricted.

    If they were illegal in CA, how would one be able to buy the rifle to modify it to pistol-grip-less configuration?

    The way it's dealt with in these parts is that the only part of a firearm which is actually considered the firearm is the receiver. That one piece of metal which is central to the rifle, and which has the serial number stamped on it. In the AR-15, it's the lower part which contains the trigger assembly and magazine well. In the FAL, it's the upper part, into which the barrel screws and you slide the breech block and slide into. Every other component in the rifle can be freely bought and sold without restriction or tracking. What you do with that receiver afterward you get it is what determines whether or not you are in compliance with the law. It was not illegal for me to import my FAL receiver into California, but if I gave it both a pistol grip and a detachable magazine, then it would become illegal to own. For the Irish situation, replace "FAL" with "M4", and "Illegal" with "restricted", but the principle is the same.

    NTM


  • Registered Users Posts: 39,355 ✭✭✭✭Mellor


    The way it's dealt with in these parts is that the only part of a firearm which is actually considered the firearm is the receiver.
    .
    ..
    ...

    For the Irish situation, replace "FAL" with "M4", and "Illegal" with "restricted", but the principle is the same.

    NTM

    See thats the difference, in irish law its not only the reciever that is considered part of the firearm.


  • Registered Users Posts: 2,010 ✭✭✭Dr_Teeth


    Manic, can you please remove those images from this thread. It is really *really* unhelpful to be posting stuff like that in this forum full-stop, let alone a thread about the DoJ / Restricted list.

    Teeth.


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


    Can someone please explain the reasons why the DOJ want the pistol
    grip restricted in the first place ? What is the Logical reason they
    want this specifically restricted?

    ~B


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


    bullets wrote: »
    Can someone please explain the reasons why the DOJ want the pistol
    grip restricted in the first place ? What is the Logical reason they
    want this specifically restricted?

    ~B

    Because if you saw off the butt, you still have a usable firearm which in addition is shorter and easier to conceal.

    Then saw off a good chunk of the barrel and you have a particularly nasty piece of kit.


  • Subscribers Posts: 4,076 ✭✭✭IRLConor


    rrpc wrote: »
    Because if you saw off the butt, you still have a usable firearm which in addition is shorter and easier to conceal.

    Then saw off a good chunk of the barrel and you have a particularly nasty piece of kit.

    Yeah, but if you're already doing all that work how hard is it to attach a pistol grip?


  • Moderators, Society & Culture Moderators Posts: 16,397 Mod ✭✭✭✭Manic Moran


    Mellor wrote: »
    See thats the difference, in irish law its not only the reciever that is considered part of the firearm.

    At what point in the import process does it change from one to the other?

    Exactly what do you get with your import license? Can you take it to the dealer and say "I'd like to import a Bushmaster lower receiver, a Cav Arms heavy barrel and upper receiver, Stag Arms stock, and a CA-style pistol grip-to-stock changeover, please?" Because the manufacturers will certainly sell to you like that.
    In which case, do you really have the Bushmaster AR-15 serial number 12345 which is on the US export record? It won't look like the AR15 which would come up when the Super Googles it to find out what it looks like, but such modularity and customisation is an integral part of the modern civilian firearms market. This isn't 1960 when all you could do was go to the shop and buy a pre-made, single-configuration wooden-stocked rifle which required the use of a hacksaw to change anything. For example, changing a Ruger Mini-14 from "traditional-looking varmint-hunting rifle" to "bullpup assault rifle look-alike" takes about five minutes with a screwdriver changing the stock. But which is really the Mini-14 on your cert?
    This?
    http://www.jayedwardsauction.com/auctions2007/september/29/new-web/Ruger-Mini-14-Rifle.jpg
    Or this?
    http://www.mountsplus.com/miva/graphics/00000001/MZ-14-PLUS.jpg

    Now, that's an example of going from 'obviously unrestricted' to 'obviously restricted', but it seems to me there's no reason one cannot go to the other way.
    It is really *really* unhelpful to be posting stuff like that in this forum full-stop, let alone a thread about the DoJ / Restricted list.

    Done as a courtesy (And since you said 'please', unlike a certain other individual), but it's a very heads-in-the-sand attitude if you ask me. It's in a thread about the DOJ list precisely because it directly addresses a concept in that list. If the DOJ wants to put a very dodgy criterion such as "that resemble", then people are going to start looking at ways to change their firearms to 'that no longer resemble', particularly if they currently own a rifle which is going to be declared 'restricted' the next time their license comes up for renewal. Since a pistol grip is a commonly made association with the physical appearance of an assault rifle, the demonstrated options may well fit the bill. There is already a sizeable industry in this field, and it's naive to think that it's not going to come up at some point when someone decides to do a little research on the web.

    NTM


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


    so if they saw off a conventional stock it's useless to a criminal ? What a load of rubbish.

    More of the i don't like the look of that cause you may saw a bit off it excuse!


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