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Purchasing Ammo On My Behalf?

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  • 14-04-2008 11:10pm
    #1
    Registered Users Posts: 13,034 ✭✭✭✭


    Is it alright if I send someone in with my FAC to buy ammo for me? I'm snowed under with work this week, would like to get a bit of time in wednesday evening, but have absolutely no time off before then to get to a shop and buy ammo. Is it legal for the father to present my cert, with no pretence at being me or anything, and buy it on my behalf? I seem to recall a clause about it being okay for someone to use the firearm of another person under their instruction and authorisation, so would this apply to buying ammo as well? Just want to clarify, make sure everything's above board.


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Comments

  • Registered Users Posts: 782 ✭✭✭riflehunter77


    Is it alright if I send someone in with my FAC to buy ammo for me? I'm snowed under with work this week, would like to get a bit of time in wednesday evening, but have absolutely no time off before then to get to a shop and buy ammo. Is it legal for the father to present my cert, with no pretence at being me or anything, and buy it on my behalf? I seem to recall a clause about it being okay for someone to use the firearm of another person under their instruction and authorisation, so would this apply to buying ammo as well? Just want to clarify, make sure everything's above board.

    Not sure on what the ins and outs of the law are on this case, but iv had my father go in for me and vice versa.. Im sure ill get slated for saying so but its not a perfect world we live in..If the gun shop knows you and your father there should not be a problem. We will soon here differ i presume......


  • Closed Accounts Posts: 1,461 ✭✭✭foxshooter243


    Is it alright if I send someone in with my FAC to buy ammo for me? I'm snowed under with work this week, would like to get a bit of time in wednesday evening, but have absolutely no time off before then to get to a shop and buy ammo. Is it legal for the father to present my cert, with no pretence at being me or anything, and buy it on my behalf? I seem to recall a clause about it being okay for someone to use the firearm of another person under their instruction and authorisation, so would this apply to buying ammo as well? Just want to clarify, make sure everything's above board.

    I wouldnt think so IWM as the licence covers you to have the ammo in your possesion -no one else- however dont hold me to that:D


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


    Oh dear, two replies and two answers. Where's Sparks when we need him? :p


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


    Used to be a time when you were not allowed to buy ammo the first time - even when you had a license - unless your auld fella went with you.

    Strictly speaking only you can have the ammo you are licensed for

    If the shop know ye it probably wont be a problem.

    Are we talking cartridges or bullets? I'm assuming bullets as your da prob has a license for cartridges himself. The only reason I ask is that if someone runs up his hole and the Gardai get called he might have a hard time explaining 500 9mm in the boot. Edge case tho.

    B'Man


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


    It's .22lr, but there really wouldn't be a difference from a legal point of view. I'd like to get some training in tomorrow night, but I'm not free until then, so won't be able to buy ammo in time unless he can pop in on my behalf. Ah well. I'll wait until I get a few more answers and see what the score is.


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


    Section 2 of the firearms act is the governing legislation here. Same as for firearms. Subsection (2) deals with exceptions:
    (2) Save in any of the cases hereinafter excepted from this section, every person who after the commencement of this Act has in his possession, uses, or carries any firearm without holding a firearm certificate therefor or otherwise than as authorised by such certificate, or purchases, uses, has in his possession, or carries any ammunition without holding a firearm certificate therefor or in quantities in excess of those authorised by such certificate, or fails to comply with any condition subject to which a firearm certificate was granted to him, shall be guilty of an offence under this Act and shall be punishable accordingly.(1971 3)

    (3) This section shall not apply to any of the following cases and such cases are accordingly excepted from this section, that is to say:—

    <snippage>
    (f) the carriage for sporting purposes only of a firearm or ammunition under instructions from and for the use of the holder of a firearm certificate for such firearm or ammunition;

    So you're good to go :)

    Don't get any cheap sh1te :D:D


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


    I've heard some stores will post you the ammo!

    I know Duffy's in Galway will post ammo. (shoot.ie)
    I dont know about other stores as am
    not sure if we have any more Irish online
    shooting stores.

    They require you to post
    them your original FAC (and not a photocopy) to
    them and once they see it and keep a copy for
    their records they will post it back to you
    and you will be able to buy ammo from their online store.

    ~B


  • Registered Users Posts: 3,427 ✭✭✭Dr Strange


    rrpc wrote: »
    Section 2 of the firearms act is the governing legislation here. Same as for firearms. Subsection (2) deals with exceptions:



    So you're good to go :)

    Don't get any cheap sh1te :D:D


    Hm, I'm not sure. Does this mean you just have to produce a fireamrs licence when buying the bullets even though you are not the original licencee? Or does it mean your licence, as in you have to be the actual licenced person named on the certificate, to buy the ammo.

    If the first case is correct, would that not open the possibilities to someone breaking into your house, car etc. and just steal the licence and go and buy ammo for criminal purposes? Just a thought.


  • Registered Users Posts: 498 ✭✭bigred


    rrpc wrote: »
    Section 2 of the firearms act is the governing legislation here. Same as for firearms. Subsection (2) deals with exceptions:



    So you're good to go :)

    Don't get any cheap sh1te :D:D

    Can someone please translate said legal mumbo jumbo into Joe Public English. Doesnt make sense to me


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


    Preusse wrote:
    Hm, I'm not sure. Does this mean you just have to produce a fireamrs licence when buying the bullets even though you are not the original licencee? Or does it mean your licence, as in you have to be the actual licenced person named on the certificate, to buy the ammo.

    It's the former: 'under the instructions of, and for the use of' is pretty clear that it means you can ask someone to buy ammo for you, or for example collect your rifle from your house and bring it to you.

    And of course, yes it does mean that if someone steals your licence they can buy ammo, but that's been discussed elsewhere and is why you should always keep your licence safe.

    On the other hand if that someone was stopped with ammo and your licence it would be pretty clear once contact was made with you that they weren't in possession of ammo for your use.


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


    Deadly, cheers rrpc. Fear not, I'll get something worth putting through my lovely barrel. ;) Glad to have gotten rid of the grey area on that one, didn't want to proceed until I had done so.


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


    bullets wrote: »
    I've heard some stores will post you the ammo!

    I know Duffy's in Galway will post ammo. (shoot.ie)
    I dont know about other stores as am
    not sure if we have any more Irish online
    shooting stores.

    They require you to post
    them your original FAC (and not a photocopy) to
    them and once they see it and keep a copy for
    their records they will post it back to you
    and you will be able to buy ammo from their online store.

    ~B
    Different exception for that situation:
    (d) the possession or carriage of a firearm or ammunition in the ordinary course of business by a person engaged in the business of carrying or of warehousing goods for reward;


  • Registered Users Posts: 3,427 ✭✭✭Dr Strange


    rrpc wrote: »
    It's the former: 'under the instructions of, and for the use of' is pretty clear that it means you can ask someone to buy ammo for you, or for example collect your rifle from your house and bring it to you.

    And of course, yes it does mean that if someone steals your licence they can buy ammo, but that's been discussed elsewhere and is why you should always keep your licence safe.

    On the other hand if that someone was stopped with ammo and your licence it would be pretty clear once contact was made with you that they weren't in possession of ammo for your use.

    Thank you for clearing that up, rrpc.

    I know, if security is in place....etc. But the possibility of theft of the licence is probably just as high as having any other paperwork stolen (particularly when you have to travel to the shooting range). The Europass would be a better option as it has, at least, you photo in it. And if someone just wants to buy ammo with the stolen licence and afterwards just discards it because they got what they wanted out of it, means they may not be caught with your licence. I think the regulations should be stricter as to who can actually buy the ammo - only the licence holder/named persons on the licence.

    But that is off-topic anyway. ;)


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


    Preusse wrote: »
    Thank you for clearing that up, rrpc.

    I know, if security is in place....etc. But the possibility of theft of the licence is probably just as high as having any other paperwork stolen (particularly when you have to travel to the shooting range). The Europass would be a better option as it has, at least, you photo in it. And if someone just wants to buy ammo with the stolen licence and afterwards just discards it because they got what they wanted out of it, means they may not be caught with your licence. I think the regulations should be stricter as to who can actually buy the ammo - only the licence holder/named persons on the licence.

    But that is off-topic anyway. ;)

    It's only slightly off-topic Preusse, and is a good point. However, I don't think stopping people buying or collecting ammo on another's behalf should be the victim. Rather it should be the case that the holder's photo be on the licence and if necessary accompanied by a letter/note authorising the person concerned to collect the items on their behalf.

    After all as IWM has pointed out, it can sometimes be difficult for the licence holder to actually do the buying or collecting. There's a whole bunch of exceptions to section 2, and if you start with one, where do you stop? Without the exception for courier's/postmen, the whole industry could grind to a halt.


  • Closed Accounts Posts: 157 ✭✭Gunter Mauser


    Quote Preusse "I think the regulations should be stricter as to who can actually buy the ammo - only the licence holder/named persons on the licence."

    But that is off-topic anyway. wink.gif

    I totally agree with preusse's way of thinking on this matter he sounds like he knows his stuff well in matters such as this.:rolleyes: 2009 should be the time to update getting rid of the loopholes and grey areas,a General:rolleyes: tidying up, a spring cleaning getting rid of the cobwebs, dust.....etc putting the lot into something more compact to boot.:)


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


    I totally agree with preusse's way of thinking on this matter he sounds like he knows his stuff well in matters such as this.:rolleyes: 2009 should be the time to update getting rid of the loopholes and grey areas,a General:rolleyes: tidying up, a spring cleaning getting rid of the cobwebs, dust.....etc putting the lot into something more compact to boot.:)

    Why would you be in favour of reducing our rights with regard to purchasing or carrying of firearms and ammunition?


  • Closed Accounts Posts: 157 ✭✭Gunter Mauser


    We, thats Preusse & I are not in favour of reducing Our rights but
    strengthen them with common sense by not having them abused in the first place:eek:


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


    We that's thats Preusse & I are not in favour of reducing Our rights but
    strengthen them with common sense by not having them abused in the first place:eek:

    Oh....Kay....

    What grey areas, loopholes and abuses are you referring to?


  • Closed Accounts Posts: 157 ✭✭Gunter Mauser


    Pressed refresh for the last time and finally made it.

    Grey areas? . Reloading, carrage as mentioned above ammo / firearms.
    Will garda A except your friend as courier as your Dad was
    playing golf at the time...


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


    Pressed refresh for the last time and finally made it.

    Grey areas? . Reloading, carrage as mentioned above ammo / firearms.
    Will garda A except you friend as courier as your Dad was
    playing golf at the time...

    These aren't grey areas, Gunter they're perfectly clear and unambiguous. The grey areas are in people's minds, most notably the Gardai who have yet to win a case taken against them regarding firearms licensing.

    The carriage of firearms and ammunition is most emphatically not a grey area. The act is quite specific and clear as to what is allowed. Reference to criminals and theft of licences is a red herring in this situation and in any situation regarding firearms because many such references are outside the scope of the act and are properly catered for in other legislation.

    Reloading is not a grey area because that section in the CJA is not commenced at this stage and is therefore not relevant. Anybody discussing it must be seen to be discussing something for the future and not the situation as it pertains today. This area is being dealt with by the FCP and whatever is decided will most probably be the subject of further legislation.

    Whether Garda A accepts that your friend is acting on your behalf or not, is completely irrelevant. If an arrest was carried out in such circumstances, Garda A could be in deep doodoo. Why it should matter what a Garda thinks is frankly beyond me, their job is to uphold the law, not think up new ones.


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  • Closed Accounts Posts: 157 ✭✭Gunter Mauser


    The defenition of a Grey Area is subjective, if its a held belief by a Super in his or her district that they will not allow .223 caliber because it military then they will have and do have the final word.
    Some districts won't licence full bore pistol and will fight in court often getting the support
    of the judge. This can be called different things by different folks but still comes across
    as a dark shade of grey to many.

    Reloading has been notorious known as a grey area, until this new law gets this aspect of the sport up and functional and seen as something normal, sports people will still be looking out for the knock on the door just ask a couple of the lads who posted here. The grey area could be the place where you P..ss in the corner of the cell. So does it matter what you call it,even it does exist only in the mind.


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


    From reading the act though, the carrier couldn't be arrested if it could be verified that they were acting on behalf of the FAC-holder. Could be as simple as a phone call, or a trip to the station to collect confiscated ammo and FAC, with a Passport as proof of identity for the holder. After all, the guards can't arrest someone for a crime that doesn't exist.


  • Closed Accounts Posts: 157 ✭✭Gunter Mauser


    Clarity in the law is the best way to secure your safety and the sport.
    One law for all the 26 counties full stop! Tired of the gery areas 2008 and
    all of that, lets make sure all this crap gets fixed once and for all.


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


    there's no grey area, it's perfectly clear. What exactly do you want to happen in this regard? I have a feeling what you may be trying to say is beyond the remit of this thread, and would be better off in one of its own.


  • Registered Users Posts: 3,427 ✭✭✭Dr Strange


    We, thats Preusse & I are not in favour of reducing Our rights but
    strengthen them with common sense by not having them abused in the first place:eek:

    Oops, I just saw this. :(

    Thanks for agreeing to some of my posts but I have to say I rather speak for myself. Nothing personal, just a matter of principle.

    I would, however, agree with the sentiment that stricter controls as to who can buy ammo is important. I don't see it as a restriction of my rights as such, rather a protection of them. One thing I would definitely be in favour of is some kind of ID (Photo) licence for all firearms you want to hold.


  • Closed Accounts Posts: 157 ✭✭Gunter Mauser


    +1, with you again on that Preusse.


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


    Sorted, the father had no issue, everyone seems happy enough. :) Now just have to get my ammo limit upped so I can take advantage of reduced prices. Even buying by the 500 leaves it reasonably steep.


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


    The defenition of a Grey Area is subjective, if its a held belief by a Super in his or her district that they will not allow .223 caliber because it military then they will have and do have the final word.
    Some districts won't licence full bore pistol and will fight in court often getting the support
    of the judge. This can be called different things by different folks but still comes across
    as a dark shade of grey to many.

    All of that is in the law and is in black and white. The final decision is the Super's and that's in the act. One Super will have a different view from another as to what they will licence, but what you're talking about is not a grey area, more properly an area of contention. The particular area this thread is about is not grey. It's specifically stated in the act who can or cannot possess a firearm or ammunition.


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


    Preusse wrote: »
    Oops, I just saw this. :(

    Thanks for agreeing to some of my posts but I have to say I rather speak for myself. Nothing personal, just a matter of principle.

    I would, however, agree with the sentiment that stricter controls as to who can buy ammo is important. I don't see it as a restriction of my rights as such, rather a protection of them. One thing I would definitely be in favour of is some kind of ID (Photo) licence for all firearms you want to hold.

    Well, let's paint a little scenario shall we?

    Preusse is out for a tramp in the fields several miles from home and comes across a badly injured animal that he feels should be put out of its misery. Reaching for his trusty mobile phone - there being nothing in the vicinity capable of humanely desptching the dying animal - he phones Mrs. Preusse and asks her to hop in the car with his [insert name of firearm here] and some ammo and meet him down the road.

    Unfortunately Mrs. Preusse is stopped at a routine checkpoint and of course not being allowed to possess or carry Preusse's firearm or ammunition is arrested.

    End result: Mrs. Preusse in clink, firearm in dealers, licence in jeopardy and Preusse in dog house :D


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  • Closed Accounts Posts: 26 cooperjeff9


    From reading the act though, the carrier couldn't be arrested if it could be verified that they were acting on behalf of the FAC-holder. Could be as simple as a phone call, or a trip to the station to collect confiscated ammo and FAC, with a Passport as proof of identity for the holder. After all, the guards can't arrest someone for a crime that doesn't exist.

    Actually, yes they can.On suspicion of having commited a crime under the *** Act 19** etc. They may not get a prosecution but most certainly can arrest a person on suspicion of having committed a crime. Would you really want to spend time answering questions in a Garda station?


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