gun licence

dollydimples82

Hi guys,
my friend is in the process of applying for a gun licence, however he has a criminal record. Its for stuff like been drunk, drink driving, accidentally starting a fire while drunk and other stuff similiar to these, he has no record of been violent. How long does a criminal record last in ireland and would he be right to declare all he has been involved in? I have googled this but came up blank!

cavan shooter

Its up to the Superintendent, but I'd say he wont get one. A local lad near me had long chat with the local Firearms officer and Super when he nearly had his licence refused this time around because he was in trouble with the guards for fighting and being stupid with drink taken. (He was becoming known to the Guards.)

I think the terminolgy would be "intemperate character"

He was told to keep his nose clean or else. It has worked he is a model citizen.

jap gt

i would doubt he will get it, a local lad had been doing stupid things when drunk, fighting etc and when he wanted a gun the super said no way in hell,

if he does apply he has to declare all, he could end up in far worse trouble

Brendog

How long does a criminal record last for in Ireland? Is it up to the superintendent or does he/she even HAVE the authority to erase one. I'm sure it all depends on the crimes, but in the case of your friend, those weren't violent at all. They know the catalyst for the problem so all they have to do is make like Lyndsey Lohan and but him on prohabition. that way there is very litle chance of him ever re-offending.

cavan shooter

SPARKS ..............where are you when we need you:D

Darr

sounds like your mate should think about giving up the drink and not bother thinking of getting a firearm !!!!
Darr

Sparks

I'm not sure about how long a record lasts (from what I understand, they're permanent and only a judge can order them closed and then only for a minor), but to answer the OP, there's a hard limit in the law, in that the last custodial sentence must have ended at least five years prior to application (though the offence must be one of those listed in section 8.1.d of the firearms acts). In practice however, it's down to the Superintendent's assessment. From the OP's description, unless all that was decades ago and the applicant's been a model citizen since, I wouldn't think the application was very likely to succeed - the intemperate habits part of section 8.1.c would probably be an issue. But it depends on the circumstances of the individual case - if (just for a hypothetical example) an applicant was an alcoholic and had a similar record to the OP's friend, but that was ten years ago and the applicant had been in AA since and has gotten themselves turned around, then their application might succeed. It really does depend on the individual details of the applicant.

As to reporting all of it on the application, it's not a choice, he has to (it's an offence to provide false or misleading information on the application); and if he doesn't, he will be caught (Gardai have access to his records and will cross-check as a first step).

Sparks

cavan shooter wrote: »

SPARKS ..............where are you when we need you:D

Typing

tac foley

'drunk, drink driving, accidentally starting a fire while drunk and other stuff similiar...'

Let me just ask you a question.

Just ONE question.

Honest answer, please.

It's eleven o'clock on a saturday night, now, would you like to be in the same room as this gentleman if he was holding a gun?

Or even a box of matches...

Here in UK he would have as much chance of getting a gun legally as of becoming the next king.

tac
Supporter of the Cape Meares Lighthouse Restoration Fund

Sparks

tac foley wrote: »

It's eleven o'clock on a saturday night, now, would you like to be in the same room as this gentleman if he was holding a gun?

Insufficient data in the OP to decide on that. Is the person involved currently drinking and driving -- or did that happen when he was a teenager and now he's in his 50s and has been running the local AA chapter for the last twenty years and hasn't touched a drop in thirty?
Depends on the circumstances...

Odysseus

Just for the OPs attention, I work in an addiction rehabilitation setting I would be aware of some guys who have varying levels of convictions and now hold firearms. It's down to the individual Super as the lads have stated, but some do acknowledge that people can change their lifestyle.

Not only does he need to declare it, if the case is so I would suggest that he add a letter stating how he was turned his life around. I was asking my own FO about his thoughts on it, he is a fair man, his words where we see a lot of people who just do bad after bad, so when a man turns his life around he should acknowledge that too. However, with saying that my reading of the firearms act suggests that you would need a mimimun of five years since the last conviction, or that its easy enough to hold that position on that stance.

dahat

shooting does interest me alot...........
can i get a licence if i have convictions but no cutodial sentence?

convictions were for minor drug posession 13 years ago,3 in total
served no time and no garda attention since as i have changed my life around.......

deerhunter1

dahat wrote: »

shooting does interest me alot...........
can i get a licence if i have convictions but no cutodial sentence?

convictions were for minor drug posession 13 years ago,3 in total
served no time and no garda attention since as i have changed my life around.......

ace
No reason why not, make an appointment to see the local super have a chat with him face to face, let him see you instead of applying without a conservation, let hum judge you then instead of refusing you on the blind.
Yow never know. Good luck

dCorbus

Check out Sparks' and Odysseus' post above - They're probably the best summary on this one IMO.

IMO Possession-of-Drug offences will probably mitigate very much against your being granted an FAC. That's only my opinion - and as the lads have said, if you've had a clean slate for the last 13 years and your Super is a reasonable man, there's no reason he won't consider that you've be in no trouble for well over a decade and this should help your application.

And also, the original offences: They were obviously relatively minor as no custodial sentence was given - but the actual details would have a bearing on how a Super views your application.

One problem I can see - you mention multiple offences? A once-off may be easier to explain away - a couple of convictions may be a bit more difficult.

That all said, I'd be pessimistic as to your chances of a successful application.

(Edit: I agree with Deerhunter1 - Best and First thing to do: Get an appointment to meet the Super and see what way the land lies. You'll find out then how he/she will view your application.)

Bananaman

dahat wrote: »

shooting does interest me alot...........

What kind of shooting interests you?

B'Man

dahat

Bananaman wrote: »

What kind of shooting interests you?

B'Man

small game,rabbits etc

foxboy

get a friendly garda to check if any conviction is recorded
some are never recorded and you may not have one

Odysseus

dahat wrote: »

shooting does interest me alot...........
can i get a licence if i have convictions but no cutodial sentence?

convictions were for minor drug posession 13 years ago,3 in total
served no time and no garda attention since as i have changed my life around.......

Hi dahat, welcome to the shooting fourm, as I say in an earier post I work rehab. I would suggest that you need to be open and up front about it, some of the lads I know done this in the letter that needs to hand in about why you need the firearm.

There is a box to be ticked about your convictions but sadly none to show what you have done with your life since, the letter is the idea place to express that.

If I can help with any other questions ask away here or by PM if you perfer.

dCorbus

get a friendly garda to check if any conviction is recorded
some are never recorded and you may not have one

Eh? Presumably you are not advising him to "omit" some information from his FAC application?:eek:
The poster, dahat, has already stated that he has 3 Convictions, Non-Custodial Sentences, for Drugs Possession offences:

can i get a licence if i have convictions but no cutodial sentence?

convictions were for minor drug posession 13 years ago,3 in total
served no time and no garda attention since as i have changed my life around.......

Just because the record of those charges and convictions may not be entered into PULSE etc., does not mean they did not occur.

Just so you're a bit clearer on the ramifications of not disclosing previous convictions or leaving some uncomfortable / unhelpful information off the FAC application, Section 2.4 of FAC1 asks:

Have you ever been found guilty of, or do you have charges pending for, any offence in Ireland or abroad?

This is a Mandatory (i.e. Compulsory) question which must be answered either YES or NO - If it's a YES, then you must provide details.

And just in case it wasn't clear enough, the declaration which you must sign at the end of the FCA1 application form states pretty damn clearly that:

I declare that the information provided by me in relation to this application is true to the best of my knowledge and belief. I understand that I may be liable to prosecution if knowingly give false or misleading information.

So, I'd strongly suggest that the poster doesn't muck about and that he should declare the detail of the previously mentioned convictions on his form. To omit them would leave him open to collecting another pesky conviction, which I doubt is the result he's looking for - so your advice given above, whilst apparently helpful and no doubt intended to be helpful, is really just sending him down a road he really shouldn't be considering.

woodcock 52

All you need to do is call to your local FO, have letter made out outlining your reason for wanting firearm, permissions to shoot, will comply with secure storage, outline in letter your previous convictions. Fill out form listing convictions. If your up front at start with good referees you have some chance. These are checked anyway. If refused by local Superintendent have 30 days to appeal it to District Court.