Gun being kept from me

damienmckeown · 13-05-2009 6:32pm #1

Hi all. I wonder can anyone give me some advice.

When I first turned 16 I applied for my shotgun license which I got (Baikal single barrel). I thought it went very well. I was interviewed by the superintendent and he said he was going to put a recommendation in that I get the gun.

Anyway shortly after I had it there was problems in my home. My parents began fighting alot etc... Some days I was just really angry and depressed and I didn't want a gun around me (not that I ever would have used it). So I gave the gun to a Garda and that was the end of it.

Im now 22 and decided I would like my gun back. Only the gardai arent very keen on giving it back. Ive gone through 3 interviews and each time they pretty much keep saying the same thing... they dont want to give it back incase I ever get angry or depressed again. Their saying because I gave it to them the first time round then surely I musten trust myself.

But I think they should trust me more for that. I mean, at least they know Im responsible enough to not let myself be put into a situation where I could be a danger with a gun.

Can anybody give me any advice. I still renew my license every year and have done since I got it. I really would like it back and (maybe Im wrong) but I think the gardai are out of line not giving it back.

Do I have any chance of ever seeing my gun again.

Sparks · 13-05-2009 6:35pm

Hang on. The gardai are renewing your licence but not giving you the firearm? Am I reading that right?

damienmckeown · 13-05-2009 6:37pm

Yeah I have being renewing my license every year. My current one doesnt expire until late August or early september of this year

fathersymes · 13-05-2009 6:38pm

Ask them to put in writing the reason they are witholding the gun.

It wasn't me! · 13-05-2009 6:38pm

So, your local boys have decided you're a danger and can't be trusted to possess a firearm without endangering the public or yourself, and are holding onto it, but not telling the Phoenix Park... Oh dear...

damienmckeown · 13-05-2009 6:40pm

fathersymes wrote: »

Ask them to put in writing the reason they are witholding the gun.

Why...?? But if it will help my case then I will.

fathersymes · 13-05-2009 6:43pm

Because these Civil Servants (Gardai) cannot make up the law when they feel like it, by getting it in writing you are exposing them legally. I'd be pretty sure they won't want to commit themselves in writing but will be happy to do so verbally.

You'll get your gun very soon I'd say.

fish slapped · 13-05-2009 6:44pm

The words Fit and Shan certianly seem to come to mind and I would say CA would have an interest in it ??

Sparks · 13-05-2009 6:46pm

Don't. Don't go asking for the reasons in writing, because there are no legal reasons. It's not even legal for them to grant or renew your cert if they're worried you'd get depressed and do something silly with it. In fact, there are no legal grounds whatsoever for them to withhold the firearm if they're still renewing the certificate - it's illegal to grant one if they believe you're of intemperate habits or unsound mind or if you'd be a danger to the peace or the public should you possess the firearm.

First thing to do is to keep a log of all contact with the Gardai about this.
The second thing you do is call whichever NGBs you're a part of (do you get your insurance from the CAI or the NARGC? Are you in the local gun club? Are you a target shooter?), and ask them to talk to the Garda Firearms Policy Unit and get them to intervene on your behalf.
If that doesn't work, talk to a solicitor.
Basicly, this is out-and-out illegal activity by the Gardai and needs to be stomped on effectively.

fathersymes · 13-05-2009 6:48pm

Also, familiarise yourself with the Firearms Acts. Excuse the pun, but forwarned is forearmed.

damienmckeown · 13-05-2009 6:50pm

fathersymes wrote: »

Because these Civil Servants (Gardai) cannot make up the law when they feel like it, by getting it in writing you are exposing them legally. I'd be pretty sure they won't want to commit themselves in writing but will be happy to do so verbally.

You'll get your gun very soon I'd say.

So you think if I insist for something in writing then they will be pressured into giving it back...? I like that idea. I'll do that tomorrow first thing.

BTW: What happens if they do give it to me in writing...???

fathersymes · 13-05-2009 6:50pm

damienmckeown wrote: »

BTW: What happens if they do give it to me in writing...???

Follow Sparks advice.

damienmckeown · 13-05-2009 6:57pm

Sparks wrote: »

First thing to do is to keep a log of all contact with the Gardai about this.
The second thing you do is call whichever NGBs you're a part of (do you get your insurance from the CAI or the NARGC? Are you in the local gun club? Are you a target shooter?), and ask them to talk to the Garda Firearms Policy Unit and get them to intervene on your behalf.
If that doesn't work, talk to a solicitor.
Basicly, this is out-and-out illegal activity by the Gardai and needs to be stomped on effectively.

I havent kept a log.. but I will start now.

Im not in any clubs... when I applied for my license all I needed was permission from (I think it was 4 people) to say I could shoot on their land a steel cabinet for the gun (someone came out and examined it and made sure it was bolted to my wall) and I handed up a few character references aswell (though they didnt ask for these)...

Dont have any insurance.

Sparks · 13-05-2009 7:00pm

I'll offer one last bit of advice so - get insurance. Either through the CAI or the NARGC, either will do. Not having insurance is basicly a bad idea.
Given that this is likely to go sub judice very rapidly from what you've posted here, I'll close this thread here as well.

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Gun being kept from me

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