Licence Refused - Options?

griffin100

This is a question on behalf of my Dad....

He currently has a Sig pistol. He was recently refused a renewal of his licence. He's woundering what his options are - he has been quoted €1,000 by a solicitor to appeal the decision. Is it worth appealing the refusal or are judges siding with the Guards on this? His situation is compounded by the fact that the letter from the Guards gives a set time period in which to appeal the refusal yet the letter did not arrive until after this appeal period had elapsed - in fact he had to keep calling to the station until they gave it to him. This is why he thinks he should get a solicitor to appeal on his behalf.

Sorry if this is already covered in other posts but I am getting a bit confused with references to court cases and pending rulings and I dont want to give him incorrect advice.

Many thanks.

Sparks

Unfortunately, noone can really give you a solid answer on this one griffin. There aren't many cases that have been heard as yet, and of those which have been, there are instances of Judges going in both directions. It's a question your dad will have to ask himself - does he think it's worth it to fight this?

Have you contacted the NASRPC or NARGC yet?

Rovi

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What he said.

Your father's first port of call is his NGB, whoever they may be.

Also, if he hasn't done so already, I'd very strongly suggest that he puts the gun into the secure storage of a firearms dealer until his situation is resolved.

griffin100

Thanks for the advice. The Guards have given him a list of makes and models that he will get a licence for so like you say he needs to make a choice.

He has given the gun over for storage (the Guards kindly offered to take it iff his hands and destroy it for him)

gunhappy_ie

My personal opinion would be to fight it unless he just got the pistol to keep under his pillow and not shoot on an autherised range.

I was in thinking about it and made a few calls.... If I had my licence refused and sold the pistol id loose €1000 on what i payed for it (excluding accessories) of course then there would be the sleepless nights that id wonder if I would have won the case.

If i win the case sure id be down money but at lease Id have had my pistol and have shown them that I want it and have a genuine reason to have it.

To me it was simple


Sigs are a fantastic pistol.... if he wins what he has will last him more than a life time !

Bananaman

Anyone who has been using a firearm for the purpose for which they originally licensed it and for whom there has been no material change in their own circumstances has a case to be heard for appeal of their refusal.

As above - get in contact with the

National Association of Sporting Rifle and Pistol Clubs (NASRPC)

or the

National Association of Regional Game Councils (NARGC)

as appropriate and seek their advice.

If your father intends to continue to take part in this sport he will have to appeal the refusal. if his ability to do so has been hampered by a failing on the par of the Respondent - namely the Gardai - there may well be a case for a late appeal.

He can lodge the appeal himself but it is not advisable to enter the court system without legal representation - the truth backed up with common sense are not sufficient to get you through the process - they did not get him his license - you must understand the system - that is why you need legal representation.

The relevant NGB will be able to provide you with recommended solicitors who will be able to deal with the case and evaluate the circumstances properly.

B'Man

freddieot

Just on the time period issue. It is 30 days from the time that you are informed in writing that you are refused (not the date on the letter)

I presume your Dad contacted his solicitor more or less wihtin a couple of days of recieving the letter and also look at the postmark on the envelope made by the Meter Machine. It will have the actual date of posting.

Unless he has a penpal in the station it is easy to show that he would only have received the letter a day or two after the posting date (An Post are not that bad !)

for example, I had one letter sent to me dated 10 Oct which was not posted until 29 Oct and so the admin prowess of our friends in blue needs a lot to be desired.

Bananaman

gunhappy_ie wrote: »

If i win the case sure id be down money

If you take an appeal against your refusal and win you should instruct your solicitor to seek costs in which case you will not be out of pocket.

You are seeking an appeal of an unfair decision - caused by no fault of your own - should the court agree with that they may well award you costs as you have been forced to fund representation to defend the truth and have been proven to not have needed to do so.

They court is under no obligation to award the costs but in that case they could do so.

B'Man

griffin100

Thanks a million for all of the help. I've got him to contact the NASRPC. He's only been shooting for a year or two and its his only real hobby as he heads towards retirement so I'll defo encourage him to fight it.