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What to do if refused?

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  • 29-10-2009 1:03pm
    #1
    Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭


    What should you do if your refused a licence? As of midnight Saturday you have a firearm and ammunition your not entitled to hold should they be lodged with the Gardai or a firearms dealer? I'm told dealers are charging for holding them.


«1

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  • Registered Users Posts: 1,830 ✭✭✭Jonty


    Rew wrote: »
    What should you do if your refused a licence? As of midnight Saturday you have a firearm and ammunition your not entitled to hold should they be lodged with the Gardai or a firearms dealer? I'm told dealers are charging for holding them.

    have you gotten the refusal in writing?


  • Closed Accounts Posts: 102 ✭✭restaurants


    Rew wrote: »
    What should you do if your refused a licence? As of midnight Saturday you have a firearm and ammunition your not entitled to hold should they be lodged with the Gardai or a firearms dealer? I'm told dealers are charging for holding them.
    Check with your local Garda station. At least then you know what is expected of you.


  • Closed Accounts Posts: 4,612 ✭✭✭jwshooter


    there will be over 20,000 of them . there not getting mine in the middle of the season


  • Closed Accounts Posts: 416 ✭✭G17


    Rew wrote: »
    What should you do if your refused a licence? As of midnight Saturday you have a firearm and ammunition your not entitled to hold should they be lodged with the Gardai or a firearms dealer? I'm told dealers are charging for holding them.


    Section 36 of the Criminal Justice Act, 2006 has amended section 6 of the 1925 Act and legislates for a person who is in possession of a firearm or ammunition having had the certificate for that firearm or ammunition revoked. In this situation the following procedures shall apply:
    (1) that person shall forthwith deliver the firearm or ammunition to the superintendent of the district where the person resides,
    (2) the superintendent shall inform the person in writing of his/her right to dispose of the firearm in any manner not contrary to law.
    (3) if, within 3 months, arrangements have not been carried out for its disposal by the person, the superintendent will inform the person in writing that the firearm will be sold or destroyed within a further period of 1 month. The proceeds will be paid to the person.
    (4) the superintendent may cause the firearm to be destroyed if the firearm has been offered for sale and not sold, or if of the view that it is unlikely to be sold and shall inform the person in writing of such destruction



    But there are a lot of worried shooters who've applied but haven't had their certs issued yet, i.e. they've not been refused. I know lads who've never missed November 1st and are terrified they'll be arrested for carrying an unlicensed firearm.


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Jonty wrote: »
    have you gotten the refusal in writing?

    Yes


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  • Closed Accounts Posts: 416 ✭✭G17


    Rew wrote: »
    Yes

    Damn. :(


  • Closed Accounts Posts: 468 ✭✭foxhunter


    Rew wrote: »
    Yes

    Is it for a restricted gun or not .


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


    At the risk of starting off another long thread of critique and arguement.But isnt this somthing our organisations should be highlighting in the public and media eye of yet more incompetance of the Govt??

    "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 "



  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    foxhunter wrote: »
    Is it for a restricted gun or not .

    Restricted...


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Grizzly 45 wrote: »
    At the risk of starting off another long thread of critique and arguement.But isnt this somthing our organisations should be highlighting in the public and media eye of yet more incompetance of the Govt??

    Bit late for them to start doing anything to help us now


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


    If the super demands you hand it in, you've no real choice Rew. However, he's not entitled to destroy it - it's still your property. Most of the time that this has happened in the past, however, the super has been happy enough to have it handed into a firearms dealer (as that's where it'd end up most of the time anyway, since most stations do not have secure storage).

    At any rate, your next step is to contact your FCP body (which is most likely your NGB) and see if the FPU can have a word and find a quiet solution - if not, it's time to consider whether you want to hit the courts or not :(

    (If you do decide to go down that road, btw, it's probably best if you don't post too much on it here until it's done and dusted. I mean, I'd love to watch your progress, but I think posting your legal strategy on here ahead of time would be a pretty daft thing to do).



    jw, if they ask for it and you say no, let us know here would you? It's always great craic to see the ERU being deployed on the six-one news :rolleyes:


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    I'm sure they would be delighted for someone to pay a dealer for housing it! Any and all routes still to be explored but I think its very poor of the Gardai/DoJ not have have the information of what to do with the firearms and ammo available.


  • Registered Users Posts: 135 ✭✭sako75 hunter


    dont no if you have recieved a letter from your super stating that he has recieved your application for your firearm renewal but if you have this will do you until you recieve your new licences, i phoned the firearms officer in thurles last week and thats what i was told. my extension is up saturday too but he said to me that i will get a letter before january stating were to collect my licences (being issused at the post offices now and not local gargai stations anymore). There goning to cost 80 euro each regardless weather it is a shotgun or rifle(3 years). Thats all i no so far so i hoped ive helped in some way.


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


    Sparks wrote: »
    If the super demands you hand it in, you've no real choice Rew. However, he's not entitled to destroy it - it's still your property. Most of the time that this has happened in the past, however, the super has been happy enough to have it handed into a firearms dealer (as that's where it'd end up most of the time anyway, since most stations do not have secure storage).

    At any rate, your next step is to contact your FCP body (which is most likely your NGB) and see if the FPU can have a word and find a quiet solution - if not, it's time to consider whether you want to hit the courts or not :(

    (If you do decide to go down that road, btw, it's probably best if you don't post too much on it here until it's done and dusted. I mean, I'd love to watch your progress, but I think posting your legal strategy on here ahead of time would be a pretty daft thing to do).



    jw, if they ask for it and you say no, let us know here would you? It's always great craic to see the ERU being deployed on the six-one news :rolleyes:

    if you hand it in to the gardai you have to sign a waiver giving up your ownership of the firearm , they can do what they like after that with it .


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


    Jonty wrote: »
    have you gotten the refusal in writing?

    And are you sure it is refusal - as in

    'I refuse to license this because ......'

    and not a

    'I am not satisfied that .......'

    There is a distinction, as if you can, in fact, satisfy them of ....., then they must revisit the application.

    As people have said speak to your club and/or the NGB relevant to the firearm type in question to see if there is a solution to your issue before going off on your own into the sunset.

    B'Man


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


    rowa wrote: »
    if you hand it in to the gardai you have to sign a waiver giving up your ownership of the firearm , they can do what they like after that with it .
    That's if you hand it in voluntarily for destruction - not if you're ordered to surrender it. That's why the firearms handed in in 1972 had to be kept in storage for so long - their ownership status didn't change.


  • Registered Users Posts: 1,830 ✭✭✭Jonty


    best of luck with this one rew


  • Moderators, Sports Moderators Posts: 8,679 Mod ✭✭✭✭Rew


    Jonty wrote: »
    best of luck with this one rew

    Cheers.

    Its a "Im not satisfied" letter but my main concern is 00:00 01/11/09 having something in the house that could land me in hot water.


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


    What do do indeed :D


  • Closed Accounts Posts: 329 ✭✭meathshooter


    Rew wrote: »
    Cheers.

    Its a "Im not satisfied" letter but my main concern is 00:00 01/11/09 having something in the house that could land me in hot water.

    rang district office today and spoke to the garda that was imputing the data for the new licences told him of my concerns of not having a valid cert after saturday and that I would be out shooting on the first he told me that they had problems with the new system and leeway would be giving to shooters who havnt got there new certs and whos extensions where up and that all the garda in his district have been made aware of this


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  • Closed Accounts Posts: 4,612 ✭✭✭jwshooter


    Sparks wrote: »
    If the super demands you hand it in, you've no real choice Rew. However, he's not entitled to destroy it - it's still your property. Most of the time that this has happened in the past, however, the super has been happy enough to have it handed into a firearms dealer (as that's where it'd end up most of the time anyway, since most stations do not have secure storage).

    At any rate, your next step is to contact your FCP body (which is most likely your NGB) and see if the FPU can have a word and find a quiet solution - if not, it's time to consider whether you want to hit the courts or not :(

    (If you do decide to go down that road, btw, it's probably best if you don't post too much on it here until it's done and dusted. I mean, I'd love to watch your progress, but I think posting your legal strategy on here ahead of time would be a pretty daft thing to do).



    jw, if they ask for it and you say no, let us know here would you? It's always great craic to see the ERU being deployed on the six-one news :rolleyes:

    once you hand in your applications and not been refused is your extension not automatically covering this.
    a asked my Sargent about this today, he was unsure .

    im going to belt away . i never said i would say no.

    any its one major cluster****


  • Closed Accounts Posts: 10,271 ✭✭✭✭johngalway


    I agree with JW :eek:

    :D

    I haven't done anything wrong and I'm not going to pause my shooting because a bunch of over paid civil servants couldn't get a simple system set up in ANY working way properly.

    People who have licenses now won't agree with me most likely, but, a lot of us neither have grant letters nor extension letters mostly because the information we needed to fully and honestly fill out the forms wasn't available in good time.

    Cluster**** is correct.


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


    jwshooter wrote: »
    once you hand in your applications and not been refused is your extension not automatically covering this.
    No, it's not. The extension is an extension of your old licence and come hell or high water, it expires the day it says it expires. Whether you've applied or not is immaterial to that.
    a asked my Sargent about this today, he was unsure .
    Well, you should be fine so.
    Unless, you know, there's any other person in the country with the powers of arrest.
    im going to belt away . i never said i would say no.
    Like I said, just let us know when to watch the six-one news because the ERU are always fun to watch.


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


    i am in the same boat sparks , whats the thing to do then ? i have a centrefire pistol with no licence and the extension up on the first , i am not setting foot out to the range with it until something is done said , i have been told already by the local f/o that there is a chance of the eru turning up at the door to seize it !

    the firearms dealer won't take them in either , its a right mess .


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


    johngalway wrote: »
    I haven't done anything wrong and I'm not going to pause my shooting because a bunch of over paid civil servants couldn't get a simple system set up in ANY working way properly.
    If things go the way I think they're going to go (though I wouldn't mind the pleasant surprise of being wrong), I'm not going to get my licence in time to go to Kuortane and train with lads who've got a small collection of olympic medals at home. That's me out a few hundred euro in deposit fees, and another shooter who's put in a load of logistical work after having his time wasted. And part of it is my fault for letting work eat so much time and part of it is down to the licencing procedure not being a well-oiled machine.

    But regardless, come 1/11/09, my firearms are unlicenced (unless the new licence comes in by tomorrow :D) and so in the safe in the firearms dealer they have to stay. Otherwise, if I'm stopped, that's possession of an unlicenced firearm and not only is there fines and possible jail time, but there's also the risk of losing the firearms for five years after that.

    Not worth it. Even if the teething pains of the new system are a pain in the toucas. And even if we said it was a bad idea to push this through this year.


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


    rowa wrote: »
    i am in the same boat sparks , whats the thing to do then ? i have a centrefire pistol with no licence and the extension up on the first , i am not setting foot out to the range with it until something is done said , i have been told already by the local f/o that there is a chance of the eru turning up at the door to seize it !
    the firearms dealer won't take them in either , its a right mess .
    I think in your boat my first phone call would be to the super to ask what he thinks. Unless you've got one of the handful of supers who just see all this as yet another dose of itching powder in the shorts, he should have some sort of reasonable suggestion, or might be willing to accept one. Either way, the ERU is not the first phone call they'll make unless they've got budget to burn!


  • Closed Accounts Posts: 106 ✭✭Mr Mole


    Perhaps its another one for our Associations and Governing bodies to bring forth to the FPU and FCP for us.
    Looking at it from another perspective, its only a minority here on Boards.ie that are vocal and concerned over the catastrophic and poorly planned system (sic) that has been levied upon us. Should we worry at all? Having a firearm in your safe at home is "possession". Can anyone realistically imagine a prosecution for this offence in current circumstances?
    Why not treat it as was under the old system. Can everyone honestly say that they had their firearms certificate renewed exactly on the due date, and did the Garda Síochána prosecute them? I remember still chasing up some people well into September.
    Maybe we should just relax like the majority are, the approx 100,000 previous licence holders that aren't on Boards. After all, there are a possible 240,000 certificates to be processed.;)
    I also had plans to shoot abroad in November. I will be asking the Chief to further extend my extension letter so as my Europass will be validated by a domestic licence.


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


    Mr Mole wrote: »
    Can anyone realistically imagine a prosecution for this offence in current circumstances?
    Can anyone realistically imagine the state banning an internationally recognised sport that we're ranking in the top ten in?
    I've given up on the notion of common sense being common at this stage :(
    Why not treat it as was under the old system. Can everyone honestly say that they had their firearms certificate renewed exactly on the due date
    Er, well, yes. But I'm a bit of a nerd. With the exception of the initial application (which fell prey to poor instruction-following from Anschutz who thought "don't send" was the same as "post away" combined with the original application forms being lost by the Gardai) and this time round, I tended to treat the renewals as end-of-the-world events :D
    I also had plans to shoot abroad in November. I will be asking the Chief to further extend my extension letter so as my Europass will be validated by a domestic licence.
    I asked - it can't be done. The extensions can't legally be extended, there's no mechanism to do that.


  • Moderators, Sports Moderators Posts: 28,558 Mod ✭✭✭✭Cass


    Sparks wrote: »
    I asked - it can't be done. The extensions can't legally be extended, there's no mechanism to do that.

    +1. Have been on the phone all day ringing FCP members, Gardai, friends, family, priests, exorcist :D, trying to get some word on my pistol license ( still have not received receipt letter even though all other licenses are granted). Anyway the moral of the story, no extensions of extensions are or will be done. So after Saturday night i'm fluxxed.
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  • Closed Accounts Posts: 9,244 ✭✭✭rrpc


    ezridax wrote: »
    +1. Have been on the phone all day ringing FCP members, Gardai, friends, family, priests, exorcist :D, trying to get some word on my pistol license ( still have not received receipt letter even though all other licenses are granted). Anyway the moral of the story, no extensions of extensions are or will be done. So after Saturday night i'm fluxxed.
    It's going to be like one of those Stalinist purges :eek:. The tanks, land rovers and army trucks will roll out in the dead of night. Doors will be kicked in and they will drag us screaming from our beds.

    Some of us will be tipped off by friends in the Army ranger wing and sneak surrepetitiously across the border into Newry.

    Meanwhile on the six-one news, the ERU surround jwshooters house as he yells Charlton Hestonesque sentiments from an upstairs window.

    On Monday morning, the virtual tumbleweed will blow across shooting.boards.ie :D

    Sort of a Halloween scary story really ;)


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