new law recommend by the minister for justice

theirishguy

hey there guys,
i was just reading this on the rte website i thought this would be a good place to post this. feel free to move it!

The Minister for Justice Dermot Ahern has said an individual will no longer be required to retreat in order to defend their home from an intruder under proposed new legislation.
Read the Law Reform Commission's draft Criminal Law Bill.
Mr Ahern said the Government had accepted the recommendation made by the Law Reform Commission in its draft Criminal Law Bill.
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Speaking on RTÉ Radio, Mr Ahern said the need to retreat with safety from an intruder would change under the legislation to be published next year.

The Law Reform Commission is recommending a new law of self defence that would allow a person kill in certain circumstances if defending themselves, their family or their home.
It is just one recommendation contained in the Commission's draft Criminal Law Bill published by the Minister for Justice.
The most publicised case of someone acting in self defence was that of Co Mayo farmer Padraig Nally, who shot dead John Ward in October 2004.
Mr Nally was sentenced for six years for manslaughter, and had served 11 months of that term when he was acquitted after it was accepted on appeal that he had acted in self defence.
In light of this case, the Law Reform Commission has been reviewing the issue of self defence and is today recommending that it be renamed to 'legitimate defence'.
It could be a complete defence to murder and lead to an acquittal.
The commission is also recommending that gardaí and prison officers be allowed use lethal force when doing their job, such as when making arrests, dealing with serious public disorders or preventing prison escapes.
However, it clearly states that the use of force be allowed as a defence only when it is necessary and proportionate.
The commission also recommends that the defence of provocation be allowed in murder trials even in cases where the killing does not immediately follow the provocation.

from a shooting point of view i'm thinking that it would make it really hard to get a gun license
what are you're opinions on this?

johngalway

I don't think that proposed law will have any bearing on getting a gun license. You're not going to be putting "legitimate defense" on the FCA1 form

homerhop

If it is like everything else Ahern and his lackeys do they will make a complete balls up of it.

4gun

this has nothing to do with shooting, you might also use a frying pan or any house hold implement for this purpose so maybe is should be placed in both cooking and gardening threads also

you cannot licence a firearm for the purpose of home protection

Bananaman

No matter what the outcome of that particular bill - if someone was to use a firearm to defend themselves - you can be sure they would not be covered by that law, or indeed any other - as firearms in Ireland are licensed for a specific reason - namely target shooting or hunting and are not permitted to be used for any other purpose, regardless the reason. (There is some anecdotal evidence that some may have been used in the past to stop the kitchen doors hitting the wall but I digress)

So I dunno if this has any place on this forum - other than to specify that it is not relevant - mods will decide.

B'Man

thedragon

Previously, a man with a loaded gun under his bed and forced to use it, would have been seen as premeditated. Now, a man with a loaded under the same scenario, what would the story be. Whatever the story is, it still remains the same for me. Come into my house when Im in bed, you meet your maker. Simple as.

johngalway

thedragon wrote: »

Previously, a man with a loaded gun under his bed and forced to use it, would have been seen as premeditated. Now, a man with a loaded under the same scenario, what would the story be. Whatever the story is, it still remains the same for me. Come into my house when Im in bed, you meet your maker. Simple as.

Barrister would have a field day with you.

Dvs

thedragon wrote: »

Previously, a man with a loaded gun under his bed and forced to use it, would have been seen as premeditated. Now, a man with a loaded under the same scenario, what would the story be. Whatever the story is, it still remains the same for me. Come into my house when Im in bed, you meet your maker. Simple as.

This is the kind of gung ho bollix, the media love,
If you are worried that someone may really come into your house,
fit better exterior lighting, windows and doors, fit an alarm and get a guard dog, if they get past all that, you will be justified in feeling in mortal danger, at that point, feel free to use reasonble force with anything to hand in your house except a firearm.

How about failure to comply with the safe storage requirements,
contained in the SI and as a condition on your firearms licence,
hows that for premeditation?

Dvs.

theirishguy

yes guys i know where your coming from but what happens when there is a gun involved wouldn't that not make gun crime spike thus making it hard to get a license.
that's just my 2 cents

endasmail

everyone has a right to depend them selves and their family in their own homes
i think some people on hear would prefer to sit the intruder down for a cup of tea and help him/her pack up your belongings

IRLConor

Sorry folks, but this has nothing to do with shooting sports.