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THE GUIDELINES!!!

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  • Registered Users Posts: 804 ✭✭✭Sikamick


    Quote[Bananaman] Like I have said many times - ain't nobody in Ireland with a .22 pistol going to the Olympics so it's a bit moot.

    ________________________________________________________________

    But there is people with Olympic standard pistols in Ireland and what ever happened to lets all support one anothers sports, Bananaman.

    Sikamick


  • Closed Accounts Posts: 2,296 ✭✭✭rowa


    Grizzly 45 wrote: »
    A few intresting points.
    No mention of restricted ammo IE shotgun slugs.No who ,what, when, where or why they may be used.:confused:

    Clanger on the big game calibres,they have 300Win down as a big game calibre.Smaller than the .308,which is a max calibre...So is the 300Win Mag suddenly now more dangerous????

    Finally nailed their colors on the practical shooting,which leaves it wide open to a good solicitor to drive a fleet of trucks thru it.Defining it as combat or stimulated combat training with firearms.Which IPSC was never about.This hasnt gone away you know.:p

    No "good reason" given why semi auto rifles are "more dangerous" than normal rifles.Does this also mean that rifles like the Steyr SSG police model or the Remington M20 police model,or Sako TRG are more dangerous than their wood stocked brothers???After all they are now in the defination of tactical/military/ police???Also I would like to see somone shoot clays with a semi rifle.According to the guidelines.:)

    Also on the point,there are VERY FEW bolt action rifles in LEFT HANDED configuration.There a good few rifles in semi that are easily converted to left hand shooting.So it is a pertinent point to be noted as well.If you are a Lefty that is.:) Not much mention of lever or pump action rifles either.
    And WTF is a semiauto calibre,or a folding stock bullpup rifle??:eek:

    Ditto this nonsense of a prominent pistol grip on shotguns.May I draw everyones attention to the following.there are certain DTL trap guns based on the Remington1100/1187 that DO have a prominent unconvential pistol grip,and belive it or not, they do shoot very well.So just cevat emptor on that one.Also on pumps,replacing the slide,with a vertical grip does improve shooting speed on clays,for some big handed people like me,some fwd grips are not an option.
    i think its just aherns predjudice's put into law , i don't like the look of this type of gun or sport in the case of practical pistol etc so lets sign it into law , he has to leave something so he leaves olympic pistol which lets face it isn't the most exciting sport in the world .

    what makes me laugh is the statement that "pistol grip or folding stocks are dangerous" according to whom ? some bureaucrat in an office somewhere ? where is the tangable evidence that these types of stocks are "more dangerous" ?


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


    Sikamick wrote: »
    Sparks I don't know if you noticed there is no (M) in the GP details so is it or is it not Mandatory/Obligatory/Compulsory.
    There's no (m) so it's not Mandatory in all cases; but it is required for all new applications for a firearm, which means all of us, you included, have to fill this out. And that's straight from the FPU this afternoon.


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


    BornToKill wrote: »
    Section 4(3) of the Firearms Acts
    Thats not what makes it mandatory though BTK - 4(3) says may require. So it's not required by law, it's a policy in the Gardai to require it (and then the law says we have to accede to this request, but the point of origin is rather important, especially if Dunne v Donoghue still holds any weight).[/QUOTE]


  • Registered Users Posts: 804 ✭✭✭Sikamick


    BornToKill wrote: »
    It's mandatory all right irregarless of there being an M on the form. Section 4(3) of the Firearms Acts reads:

    'An applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the person’s functions under this Act, including, in particular—

    (a) proof of identity,

    (b) proof of competence in the use of the firearm concerned,

    (c) written consent for any enquiries in relation to the applicant’s medical history that may be made from a health professional by or on behalf of the issuing person, and

    (d) names and addresses of two referees who may be contacted to attest to the applicant’s character.'

    _______________________________________________________________

    Point taken and correct, but how many people will fill in this section seeing there is no (M), (M) must be answered as stated on the top of the form.

    Sikamick


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


    rrpc wrote: »
    No it's not. There's nothing in the law that says you can't use your firearm for another purpose (for example a .22 target rifle for bunny bashing) or a CZ sporting rifle on a range.
    Unless your licence specifies the purpose of the licence.
    Even if it doesn't, if you said "target shooting" on the application as your Good Reason and then went off hunting all day long, anyone who wanted to cause trouble for you would have a case that you'd supplied misleading information on your application form, and that's a jail sentence right there.


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


    Sparks wrote: »
    There's no (m) so it's not Mandatory in all cases; but it is required for all new applications for a firearm, which means all of us, you included, have to fill this out. And that's straight from the FPU this afternoon.
    Those (M) and (C) designations are very confusing and unhelpful. It would be far easier if they just went "In the case of substitutions go to section 2.5" etc. so that people would be able to follow the form easily.

    Sparks, I'd go and talk to my Super about my GP if I was worried about it. He's the persona designata and he can decide what info he wants from you. At least if you've spoken to him and explained the situation, he can't then arrest you for not filling the form in truthfully.

    The other alternative is to list all the GP's you've visited in the time since you've reached majority and let them work out which one(s) to contact.

    Failing all that, I'll give you my sister-in-laws name and address and since she's a forensic psychiatrist, they'll be sure to take her word. ;)



    As they put the nice jacket on you and wheel you away on the hand cart with the muzzle on.


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


    Sparks wrote: »
    Unless your licence specifies the purpose of the licence.
    Even if it doesn't, if you said "target shooting" on the application as your Good Reason and then went off hunting all day long, anyone who wanted to cause trouble for you would have a case that you'd supplied misleading information on your application form, and that's a jail sentence right there.
    Actually it's not. As long as you've been target shooting as well. There is nothing in the act that says that you have only one use. This goes back to the old (just gone out) licence that said "Conditions: none" for rifle licences.

    In fact the FCA1 form allows you tick more than one box in section 4.2.


  • Registered Users Posts: 15,024 ✭✭✭✭Grizzly 45


    [
    quote=rrpc;61959233]That was in the Act Grizzly, it's in section 33 (the very last subsection if I remember correctly) and the IPSC constitution says: "Courses of Fire must follow a practical rationale, and simulate sensible hypothetical situations in which firearms might reasonably be used." so I'm not sure how much traction a solicitor would have with that.

    Indeed it does RR.BUT it does not say the hypothetical situation must be:

    SITREPP:Liquor store robbery gone bad ,6hostages taken,perps are armed with a firearms,belived to be handguns.Effect a dynamic entry thru the window doing a side roll and engage all hostile targets with minimum double taps,centre mass,effect a reload under suitable cover.Recover HOSTAGE DOWN dummy[weight 120lbs] with your strong firing hand.Engage with weak hand two remaining pop up targets,exiting the range.
    THAT is a COMBAT situation.I've yet to come across such a set up in a IPSC match.A BG or police training situation no problem.
    IPSC avoids this whole thing studiously...
    IPSC situation...On the command of READY,shooter will pick up pistol and load one full mag from the sitting position at the table and chair.Shooter will then engage all steel plates .Once finished will show unloaded and clear.Totally different,
    As I said a good lawyer will be able to punch huge holes in this.
    Point is their defination is wholly incorrect of what practical or dynamic shooting is.You could call it "Vienna Waltz" pistol shooting,and solong as it avoids movement of THE SHOOTER or according to this "combat training."[Not much of that done sitting down,or standing]


    Well it says semi-automatic centrefire calibres which is correct as all centrefire semi-autos are restricted. It's just written a bit bass-ackwards. ;)

    As usual.BUT it seems that they are on more about Military looking semi auto rifles that need special attention.

    What about yokes like the mini 14,in it's std config with a 5/10 shot mag.or the Remington/Browning/Mauser,etc etc hunting style,normal semi looking rifles??Alot more accruate and in a very wide selection of calibres.

    "If you want to keep someone away from your house, Just fire the shotgun through the door."

    Vice President [and former lawyer] Joe Biden Field& Stream Magazine interview Feb 2013 "



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


    rrpc wrote: »
    Those (M) and (C) designations are very confusing and unhelpful.
    Especially when the (M) on the medical section has been left out and is instead implied from the statement underneath that filling this out is how you give permission to the Gardai to check your medical records (instead of this being a seperate tick box).
    Sparks, I'd go and talk to my Super about my GP if I was worried about it.
    That's my plan, but I can't help but think I'm not that special. Others must have this hassle as well, and it'd be nice for there to be a standard solution to the problem.
    He's the persona designata
    We really need to find out if that's still true anymore.
    The other alternative is to list all the GP's you've visited in the time since you've reached majority and let them work out which one(s) to contact.
    It'd be a bit of a shock for them I'd imagine - some guy walks in off the street into your walk-in clinic, gets a prescription for dermatitis cream, walks back out after six minutes and ten years later you're asked to give the Gardai access to his complete medical records and to evaluate his mental health for the next three years?
    I wonder what the AGP thought about all this?
    Failing all that, I'll give you my sister-in-laws name and address and since she's a forensic psychiatrist, they'll be sure to take her word. ;)
    You'd hope not - if she's a psychiatrist, she's the wrong kind of shrink for what they want. It'd be like asking a hammer if something looked like a nail!


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


    rrpc wrote: »
    Actually it's not. As long as you've been target shooting as well. There is nothing in the act that says that you have only one use.
    So Stephen, if I eat just rabbit, I'll die of malnutrition?
    :D



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


    A doctor cannot provide confidential information to the Gardai unless specific permission has been provided. The bit naming your GP is a bit of a waste of space as they cannot ask your GP for information without written permission.


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


    Sparks wrote: »
    So Stephen, if I eat just rabbit, I'll die of malnutrition?
    :D
    Indeed, so using your rifle for only one thing will eventually kill you :D


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


    Grizzly 45 wrote: »
    Effect a dynamic entry thru the window doing a side roll and engage all hostile targets with minimum double taps...
    THAT is a COMBAT situation.
    Yeah, if you're John Woo. Otherwise, it's the explanation on your insurance claim as to why you removed all the skin from your forearms with a plate glass window :D


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


    Traumadoc wrote: »
    A doctor cannot provide confidential information to the Gardai unless specific permission has been provided. The bit naming your GP is a bit of a waste of space as they cannot ask your GP for information without written permission.
    What about this bit?
    By completing and signing this form you are giving consent to An Garda Síochána to make further enquiries as to your medical history if they deem it necessary in making their decision on whether or not to grant this application


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


    Traumadoc wrote: »
    A doctor cannot provide confidential information to the Gardai unless specific permission has been provided. The bit naming your GP is a bit of a waste of space as they cannot ask your GP for information without written permission.
    Check out the form again, and look at the italics underneath that section:
    Note: By completing and signing this form you are giving consent to An Garda Síochána to make further enquiries as to your medical history if they deem it necessary in making their decision on whether or not to grant this application.


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


    Snap :D


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


    rrpc wrote: »
    Snap :D
    Feck!


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


    rowa wrote: »
    what makes me laugh is the statement that "pistol grip or folding stocks are dangerous" according to whom ? some bureaucrat in an office somewhere ? where is the tangable evidence that these types of stocks are "more dangerous" ?
    Oh, they're deadly. You could catch your finger when opening out the stock and give yourself a really nasty pinch.


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


    Whenever I provide confidential information to the Gardai I have to have a statement from my patient allowing me to give that out - for my own records.


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


    Traumadoc wrote: »
    Whenever I provide confidential information to the Gardai I have to have a statement from my patient allowing me to give that out - for my own records.
    Interesting, so even if they turned up with the signed form with your name and address on it, you'd still be on to your patient looking for a specific permission?

    Would that be normal?


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


    rrpc wrote: »
    Interesting, so even if they turned up with the signed form with your name and address on it, you'd still be on to your patient looking for a specific permission?

    Would that be normal?

    No I would ask the guards to provide a signed statement from the person allowing me to release confidential information ( to cover my *ss).


  • Registered Users Posts: 1,053 ✭✭✭BornToKill


    Sparks wrote: »
    Thats not what makes it mandatory though BTK - 4(3) says may require. So it's not required by law

    Nopeidy nope nope, I really don't think so. Section 4(3) says that 'an applicant shall supply to the issuing person the information requested in the application form'. They've requested that you supply GP details and consent to make enquiries. The 'shall' imposes a perogative for the items listed a-d in this section. There is a sub-clause permitting the issuing person to ask for such other information as they may require. That would also be mandatory.


  • Registered Users Posts: 1,053 ✭✭✭BornToKill


    Traumadoc wrote: »
    No I would ask the guards to provide a signed statement from the person allowing me to release confidential information ( to cover my *ss).

    Which is what they have in the completed and signed form.


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


    BornToKill wrote: »
    Section 4(3) says that 'an applicant shall supply to the information requested in the application form'. They've requested that you supply GP details and consent to make enquiries. The 'shall' imposes a perogative for the items listed a-d in this section. There is a sub-clause permitting the issuing person to ask for such other information as they may require. That would also be mandatory.
    I completely agree with you; but that's not what I was talking about :D
    I was saying that 4(3) in the Act doesn't make it mandatory to provide your medical details; it makes it mandatory to provide what the Gardai ask for.
    In this case, the Gardai ask for your GP, so you have to provide it.

    The point was that it's that Gardai that are the reason why it's mandatory, not the Act.

    That's important because (a) it's now policy, not statute that makes it mandatory - if the Gardai don't ask for it, it's no longer mandatory; and (b) if it's on an application form like this, that's a blanket precondition and that's a no-no under the Dunne -v- Donohue ruling from the Supreme Court, because the issuing person (the super) did not draft the form.

    Which takes us back to the matter of whether or not the Super remains the persona designata as the Commissioner has stated he is, but which several of us are not so sure about anymore under the new legislation.

    Sorry if it's a bit fiddly - I'm not actually trying to be awkward this time :) - but it did seem a bit important a distinction because of what it seems to imply.


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


    BornToKill wrote: »
    Which is what they have in the completed and signed form.
    It'd be interesting to see what the outcome would be if Trauma handed over a record to the Gardai on the strength of an FCA1 form and it was challanged in court on the grounds that the form was poorly formatted and unclear and as a result the applicant was not cognisant of what they were agreeing to.


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


    No it is not, it is a firearms certificate application, It is not a statement addressed to me giving me permission to release confidential information.
    For me to keep in case you report me to the medical council for breach of medical confidentiallity.


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


    Hey Trauma, could you ask your AGP rep for the AGP's position on this one?


  • Registered Users Posts: 1,053 ✭✭✭BornToKill


    Sparks wrote: »
    4(3) in the Act doesn't make it mandatory to provide your medical details

    The point was that it's that Gardai that are the reason why it's mandatory, not the Act.

    Fundamental disagreement on this one then. The section directs that 'an applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the person’s functions under this Act, including, in particular

    I understand your argument but I do not agree that providing the information specified in a-d is not made mandatory by statute. I think it is. As such, it is not a pre-condition impinging on persona designata status.

    Speaking of which, is a Chief Superintendent a persona designata. Is that conferred on him by the Commissioner delegating the function?
    Sparks wrote: »
    I'm not actually trying to be awkward this time

    Ahh, so you admit that on occasion ...


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  • Registered Users Posts: 33 Sam I Am


    Sparks wrote: »
    Unless your licence specifies the purpose of the licence.
    Even if it doesn't, if you said "target shooting" on the application as your Good Reason and then went off hunting all day long, anyone who wanted to cause trouble for you would have a case that you'd supplied misleading information on your application form, and that's a jail sentence right there.
    But if I specify only target and aim only at targets in the garage or whatever is that legal.
    If a "Range" is place that firearms are discharged but there are all these regulations about "authorised ranges" which require 10 members and weird things like that. Is it possible to have a private or not-authorised or even just nobody cares range?


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