Firearms offences?

chem

Originally Posted by jwshooter
is gun crime bad in ireland ,armed tresspass ,poaching ,shooting up road signs there all logged , i know the wicklow gaurds are stopping hunters and if you have a moderator with out a permit or a gun loaded ,ie bullets in the mag they will take it .they stopped two likely lads and lifted two guns two weeks ago for this reason .also a guy was stopped with poweder primers coming of the ferry last week lifted all his guns .there is three cases in one week from our side.

This post by jw got me thinking. How many people lose there guns each year by falling fowl of the firearms laws here? I know of one local man that had his licence revoked for reckless discharge. He got the benifit of the probation act but he lost his gun.

If you break any of the firearms laws no matter how minor you will then have a conviction for firearms offences? Would this then affect your future? Travel/job. This seems abit harsh for a minor offence does it not?

Our man in Havana

The thing is that these offences are not minor in the eyes of the law. If convicted I would expect you will become a persona non grate as regards entry to the United States and many other countries.

thehair

If you break any of the firearms laws no matter how minor you will then have a conviction for firearms offences? Would this then affect your future? Travel/job. This seems abit harsh for a minor offence does it not?[/QUOTE]

why would anybody want to break the law :eek:
it is my VIEW ONLY that if you break the law even a MINOR OFFENCE
you might find it a bit hard to get a firearm licence:(
steve:)

cavan shooter

Chem

Is it bullets in the magazine or bullets in the chamber? determining if loaded or not as I would frequently travel to and from fields with the action open on my auto but with cartridges in the magazine (cut off)

Also in relation to reckless discharge here is the wording for discussion

A person who discharges a firearm being reckless as to whether any person
will be injured or not, shall be guilty of an offence, whether any such injury
is caused or not and shall be liable

a) on summary conviction, to a fine not exceeding €1,270 or to
imprisonment for a term not exceeding twelve months or to both, or

b) on conviction on indictment, to a fine or to imprisonment for a term
not exceeding five years or to both.

I think that that is too wishy washy, and my own personal opinion in relation to any matters involving legislation is that it should be prescriptive, and bar something obviously dangerous we are entering into an area of opinion argument as to whether or not what was done was dangerous.

Section 13 of the Non fatal Offences against the person Act (Endangerment) from which this springs can be used for anything it's a catch all, eg: Drive a golf ball around Stephens green, it can be deemed you acted recklessly and persued accordingly

Law abiding citizens can run the risk of becoming paranoid about taking a shot, hunting a ditch or showing our face somewhere for fear we come under scrutiny or are accused of a reckless act. The biggest problem here guys is bar from obvious dangerous acts, walking around a field with a dog and a gun can, in some peoples eyes be seen as dangerous.

Only a thought

If on the other side you want to go out and act recklessly (shoot up signs etc) and leave yourself open to Endangerment charges I think it is only right you should face the consequences.

Grizzly 45

[

quote=Bond-007;57413163]The thing is that these offences are not minor in the eyes of the law. If convicted I would expect you will become a persona non grate as regards entry to the United States and many other countries

Unless you are Middle Eastern looking,called Ahjemed Murphy,and have taken up flying lessons very recently.....:D IOW this is what they are currently looking for as a terrorist profile.
Or you are a filthy Red Commie,Anarchist,Prostitute,Druggie,walking health hazard with communicable disesases,threatning to shoot the President or members of Congress,certified fruit& nuts , or major criminal on a Interpol wanted list.The land of the Free isnt that intrested in those kind of "crimes".

I will let you in on a little secret,the US govt has alot more to worry about nowadays,as to wether Pat Murphy was caught with what we classify as a "serious "firearms offence here can be trivial or a citationable offence over there.[IE the cop writes you a ticket for speeding ,having a loaded gun within city limits,etc].However being a member of a proscribed organisation[IE PIRA,etc] with firearms offences[IE caught with 20 tons of arms and a cocked AK to gaurd such] is a different matter.

It all comes down to revelancy and seriousness of the crime.It has to be a recorded court conviction for it to be classified as a criminal record with a punishment of over 5000 euros/or 30 days in the Nick.IMSC.Also,could anyonne say exactly where the two deer stalkers were caught with loaded firearms???A bit more back round info helps on this.It could be also just [EMAIL="A?@^$ole"]A?@^$ole[/EMAIL] Gardai throwing their weight about as well making lives difficult.[Been known to happen too].
As for reckless discharge,well again that is the MAX a court can sentence on.Doesnt actually that they will.Again it depends on the circumstances of the incident.

Mellor

chem wrote: »

This post by jw got me thinking. How many people lose there guns each year by falling fowl of the firearms laws here? I know of one local man that had his licence revoked for reckless discharge. He got the benifit of the probation act but he lost his gun.

Bond-007 wrote: »

The thing is that these offences are not minor in the eyes of the law. If convicted I would expect you will become a persona non grate as regards entry to the United States and many other countries.

If you were lucky enough to get the benefit of the probation act. You can still go to the US. Basically, the PA keeps it a secret outside of the legal system. Its still a previous offense/conviction if you are ever looked into by the guards or up in court again, by if an employer or the US embassy do a check, it comes back blank.


Bear in mind, you'll only get the benefit of the PA for minor offences

maigheo

had a run in last year with a drunkin idiot last year who blocked the road and rang the guards on us because we were young lads out lamping at night. we both had gun licenses but for one reason or another the gun we brought with us was my buddys uncle. the p...k who blocked the road tried to take the gun off us cos it wasnt broken in the van therefor it was loaded in his mind. when i tried to explain that it was a semi auto and breaking the barrel was impossible he went to take "loaded gun" out of the van himself. buddy grabed the gun from his hands got out of the van and took off with down the road . garda det. came out and was serious about the situation. i told him the truth about the gun and my buddy why he went with the gun and that no shots were fired from the road he knew we weren't messing about and saftey always comes first with us. he kindly told the idiot that it was against the law to block the road and hold someone against their will and that drink driving is a more serious offence. det called me into the station next dayfor a chat, he had checked us out and seen we both had guns and my buddy was right to take off with the gun instead of letting a drunk pull "a loaded gun" out through the van window with us inside. all the guards in the station were having a laugh with us and was asking us about shooting. they were happy we were not messing about or chancing our arm at shooting and said that they had more serious crime to take care off on a saturday. he told us that they take gun crime very serious but there will always be a know it all thats thinks shooting is a crime and if my buddy didn't have his own licsense that he would take the borrowed gun more seriously but as he said we would probably be more dangerous if we went drinking in stead shooting of that saturday night.
i think there is a big difference between a competent shooter and someone with a gun, i see people with no experience or even an interest in shooting going out and buying guns they would walk into your front garden and shoot a bird on the ground and leave it there. this give all shooters a bad name and leave it very hard for a young lad who was brought up shooting to get his own license. im glad the det we met could also see.

Grizzly 45

Fair dues to that Det garda.At least he had the cop on to listen and understand what was going on.He could also have told Mr drunk that had he took the gun,he could have been arrested for handling a firearm without a liscense and threatning&abusive behaviour,and being in charge of a dadly weapon in a drunken state.
All in all alot more serious than aliscensed person borrowing another persons liscensed firearm..

chem

Cheers for the story maigheo. If it had of been some other Garda, it might of went the other way for you, and have to explaine it infront of a judge

chem

Cheers for the story maigheo. If it had of been some other Garda, it might of went the other way for you, and have to explaine it infront of a judge!


being in charge of a dadly weapon in a drunken state. Is there such a charge? Only awhile back it dawned on me that I cant remember seeing any law about been drunk with a firearm?

I do know of afew people who had there firearms taken but always seem to get them back in the end. One such person tried to take his own life with the gun! 12 months later the gardi were at his door asking if he wanted it back???? I ask you!

cavan shooter

chem wrote: »

being in charge of a dadly weapon in a drunken state. Is there such a charge? Only awhile back it dawned on me that I cant remember seeing any law about been drunk with a firearm?QUOTE]

Chem
thats where section 13 of the non fatal offences against the person act comes in

13. —(1) A person shall be guilty of an offence who intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to another.

It's a good cathch all

Grizzly 45

Could also use the good old catch all of offences against the state act too.Covers everything from weeing in public to offing the Dail .

Do be careful too if having seperation procedures,martial problems or divorce with your significant other as well.:eek:
Have had two clients[male] who had their missus claim that they had been threatened by their soon to be ex husbands,and called the Gardai to have the guns removed from the family home,to be soon followed by the husbands.:rolleyes:

yank_in_eire

Grizzly 45 wrote: »

being in charge of a dadly weapon in a drunken state.

I think that was how my son was conceived!:p:D:eek: