Today's the day for processing the licensing system.

Sparks

Three months after you submit the application form ranger4.

G17

clivej wrote: »

I was talking to someone high today

Tsk, students. :D:D

ranger4

Sparks wrote: »

Three months after you submit the application form ranger4.

Thanks Sparks,
Hopefully we woint be waiting 3 months to recieve news, If no news recieved withinn 3 month period and licence application refused have we right to an appeal process? ifso do we appeal to super or chief super?

jwshooter

ranger4 wrote: »

Thanks Sparks,
Hopefully we woint be waiting 3 months to recieve news, If no news recieved withinn 3 month period and licence application refused have we right to an appeal process? ifso do we appeal to super or chief super?

this where the sport will start

Sparks

ranger4 wrote: »

Thanks Sparks,
Hopefully we woint be waiting 3 months to recieve news, If no news recieved withinn 3 month period and licence application refused have we right to an appeal process? ifso do we appeal to super or chief super?

If you receive no reply in three months, you're deemed under the Act to have been both refused and properly notified. You can then appeal to the District Court.

Bananaman

Who will be on a break for christmas :-)

Cass

Sparks wrote: »

If you receive no reply in three months, you're deemed under the Act to have been both refused and properly notified. You can then appeal to the District Court.

How can no reply, no answer, no letter nothing be deemed as a reply and notification. I thought these new rules and regulations were meant to clear all these communication problems up?

iwsf

when to visit my local FO yesterday again, oh good !
was told politely to leave him alone and not expect the license for months :mad:
I am now thinking of getting a water rifle unless these are licensed as well !
Any idea what shape or colors are better for big red stalking ?
My 7 years old son has a batman automatic water rifle that seems powerfull enough to shoot a stag if i can get within 2 or 3 feet of the animal.

stevoman

is it really that bad as people say???

i mean fair enough i already have a shotgun, but nothing would make me happier than heading out on nov 1st with my new shotgun that i just bought and applied for last week. the way people are talking it things really are looking gloom.

Sparks

ezridax wrote: »

How can no reply, no answer, no letter nothing be deemed as a reply and notification. I thought these new rules and regulations were meant to clear all these communication problems up?

They do - as in, it's not confusion, it's deliberate. We pointed this out here two years ago, to the Dail (and we noticed it first nearly two years prior to that). Section 15A(5), introduced in the CJA2006 Section 43 is what lays it out:

(5) For the purposes of this section—

(a) an issuing person—

(i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and
(ii) who does not so decide,

is deemed to have decided to refuse to grant the application,
(b) the applicant is deemed to have received notice of the decision on the expiration of that period, and
(c) as the case may be, section 3(10) does not apply in relation to the application.

iwsf

i applied for my first rifle license 3 weeks ago and the FO didn't even see my application yet so it is somewhere on a desk !
He is very hard to catch so dropped the application to one of his collegues.
I already have a shotgun license.
I find it very unfair to me (us), i paid for my stalking permit (Coillte) , bought a safe and a rifle but yet may not be able to stalk this year.
Unfair and frustrating

Cass

(Sparks) So we do get a letter to explain the application was refused. Its not just a refusal with no contact. Sound.

Sparks

No ezri, you get no letter.
If you apply and within the three months you're turned down, you'll get a letter.
But if you hear nothing from them for the three months, then at the end of the three months the law says you've been refused and properly notified - but you won't have gotten anything to say that. It's implied by the lack of contact.

Cass

Seriously, how hard would it be to write a letter to tell a lad he has or hasn't got his licence whether it is within the 3 month period or not. Anyway not going to give it anymore time and take from the original point of the thread.

Grizzly 45

Doesnt this conflict with another bit of the act that states.That a Super will inform the liscensee in writing that his liscense has been revoked,and that he must surrender it,etc etc etc.
Going by the wording of revoked and refused,I wou;ld think that this after 3months nothing happens bit,applies to new applications rather than standing and existing liscenses??

Bananaman

I also thought they were now obligated to inform you, by letter, of the reason for your refusal.

If they do not process your application and after three months they do not send you a letter then you are in essence challenging a refusal to license on the basis of laziness of the licensing officer.

An Irish Solution......

B'Man

ranger4

Bananaman wrote: »

I also thought they were now obligated to inform you, by letter, of the reason for your refusal.

If they do not process your application and after three months they do not send you a letter then you are in essence challenging a refusal to license on the basis of laziness of the licensing officer.

An Irish Solution......

B'Man

would imagine refusal rates to exsisiting rifle-shotgun licenced owners will be very low without aceptable reason for refusal otherwise super will find most of his time spent in court with appeals.

Our man in Havana

Either ways it means you can get into court after 3 months to challenge their refusal/lack of response.

This is why it is important to get a receipt to prove when you submitted your application.

Sparks

Grizzly 45 wrote: »

Doesnt this conflict with another bit of the act that states.

Bananaman wrote: »

I also thought they were now obligated to inform you, by letter, of the reason for your refusal.

It doesn't conflict with that bit, it overrules it.
Hence the bit there saying

(c) as the case may be, section 3(10) does not apply in relation to the application.

3(10) is the section that says that you have to be notified in writing:

(9) A decision on an application for a firearm certificate or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.
(10) Where the application is refused, the applicant shall be informed in writing of the refusal and the reason for it.

If they do not process your application and after three months they do not send you a letter then you are in essence challenging a refusal to license on the basis of laziness of the licensing officer.

Or the unwillingness of the Super to get into the shoutiness that comes with a refusal, which IIRC was the reason given by McDowell in the Dail (no reason given = less for you to challange in court and you can't sue them for defamation for refusing to licence you, which could be interpreted as a strike against your good name).

PJ Hunter

Bond-007 wrote: »

Either ways it means you can get into court after 3 months to challenge their refusal/lack of response.

This is why it is important to get a receipt to prove when you submitted your application.

every application form should of had a receipt sheet at the back, that way the average joe won't need reminding, otherwise the auto refusal might be the result of the application been lost:(

iwsf

surely section 7 - Validation of the application should be enough.
It is signed and dated by the garda who "identified" you when you brought in teh application

clivej

iwsf wrote: »

surely section 7 - Validation of the application should be enough.
It is signed and dated by the garda who "identified" you when you brought in teh application

And you can be sure that section 7 will get lost along with the rest of the form.

Our man in Havana

clivej wrote: »

And you can be sure that section 7 will get lost along with the rest of the form.

Very good point Clive.

Registered Post is sounding better all the time.

iwsf

good point

Sparks

I don't think registered post is an option - the guidelines are quite insistent on the point that the garda taking the form has to vouch for your identity as you hand in the form (so that I couldn't, for example, hand in a written-so-as-to-fail-spectacularly application - say for a minigun for home defence - in IRLConor's name and get him in trouble that way).

Our man in Havana

Then hand it in direct to the district HQ.

iwsf

Apparently you can't do that, you need to give it to your local garda station.

Our man in Havana

I don't see that anywhere on form FCA1.

Sparks

It's in the guidelines, not on the form Bond.

iwsf

My local garda said so