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One more win for centrefire pistol holder

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  • 02-02-2011 8:45pm
    #1
    Registered Users Posts: 514 ✭✭✭


    Limerick man wins appeal over firearms cert

    Published Date: 29 January 2011
    A COUNTY Limerick man has won his appeal at Kilmallock District Court after being refused a firearms certificate for two guns. Chief Supt David Sheahan had opposed the man's application to keep a revolver and pistol made by Smith and Wesson and Sig Sauer respectively.
    A number of these appeals have taken place around the country following the Criminal Justice Miscellaneous Provisions Act 2009. The legislation imposed extra conditions including good and sufficient reason to possess handguns of high calibre, and that the firearm had to be appropriate for its intended use.

    The apellant's solicitor, Eugene Murphy, asked that the name of his client, place of residence, where the items are stored and where he engages in his specific pursuit not be reported on due to the sensitivity of the case.

    Judge Mary O'Halloran granted this request for security reasons.

    The head of the Gardai in Limerick, Chief Supt Sheahan opposed the application due to the consequences of the guns getting in to the wrong hands.

    He said his only concern was the safety of the public and the Gardai in his division.

    The court heard the appellant has been shooting since he was 13 years old using shortarm and longarm guns.

    His solicitor, Eugene Murphy, said his client takes part in a specialised target shooting event and the only guns that can be used are the ones that have been refused a firearm certificate.
    :):):):):)


Comments

  • Registered Users Posts: 1,335 ✭✭✭newby.204


    congratulations to the man in question, and not to hijack(but im going to anyway)

    Is there any chance lads of getting fullbore pistols back for everybody not just those fortunate enough to have had them before the respective deadline?

    I mean there has to be something slightly illegal about saying if you had it before such a day you can relicence if you didnt sod off??Now im not saying its a RKBA, what im saying is if some are entitled to then should the rest of us not be able to apply and be denied on a case by case basis, and if its found that lads are just applying so they can play dirty harry then range logs can be used to revoke their licence, not competition logs i mean if your not heading to the range at least once or twice a month(ish)?


  • Registered Users Posts: 1,385 ✭✭✭murph226




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


    newby.204 wrote: »
    Is there any chance lads of getting fullbore pistols back for everybody not just those fortunate enough to have had them before the respective deadline?
    It could be done easily enough. Change the restricted list to make centerfire pistols unrestricted, and they could again be licenced the same way air and smallbore pistols can be. Wouldn't even require any new bills put through the Oireachtas, it'd just take an SI from the Minister.


  • Registered Users Posts: 1,335 ✭✭✭newby.204


    Sparks wrote: »
    It could be done easily enough. Change the restricted list to make centerfire pistols unrestricted, and they could again be licenced the same way air and smallbore pistols can be. Wouldn't even require any new bills put through the Oireachtas, it'd just take an SI from the Minister.

    And how would "we", by that i mean "we" who want them legitimately, petition the new minister for justice to do so? presumably we would have to convince him that the claims of public danger are unfounded and that pistols used by criminals are procured by other means than robbing legitimate licence holders!!


  • Registered Users Posts: 15,025 ✭✭✭✭Grizzly 45


    newby.204 wrote: »
    I mean there has to be something slightly illegal about saying if you had it before such a day you can relicence if you didnt sod off??Now im not saying its a RKBA, what im saying is if some are entitled to then should the rest of us not be able to apply and be denied on a case by case basis, and if its found that lads are just applying so they can play dirty harry then range logs can be used to revoke their licence, not competition logs i mean if your not heading to the range at least once or twice a month(ish)?

    Well done in raising the second Cassandra prediction about this situation:D. It was long time predicted that this would come to pass.I suppose with enough cash and lawyers you could launch a high court challange on discrimination[All pistol shooters are equal.But those who had them before Nov 24 2008 are luckier?] to overturn the SI??

    Not to sure it will be a pirority for whatever TD gets to park himself behind the desk in the current climate.As well how he is "advised" by the top brass of the boys in blue.:)

    "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 "



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  • Registered Users Posts: 1,335 ✭✭✭newby.204


    Grizzly 45 wrote: »
    Well done in raising the second Cassandra prediction about this situation:D. It was long time predicted that this would come to pass.I suppose with enough cash and lawyers you could launch a high court challange on discrimination[All pistol shooters are equal.But those who had them before Nov 24 2008 are luckier?] to overturn the SI??

    Not to sure it will be a pirority for whatever TD gets to park himself behind the desk in the current climate.As well how he is "advised" by the top brass of the boys in blue.:)

    what does this mean?:confused::confused:


  • Registered Users Posts: 15,025 ✭✭✭✭Grizzly 45


    IOW everyone said sooner or later that this point of law would/will be challanged.But like the soothsayer Cassandra,who forsaw the fall of Troy to the Greeks and was ignored by the TrojansI]Def;A Cassandra prediction[/I So did the DOJ/Garda /Dermot Aherne ignore this and it will come to pass that it will be challanged eventually.
    As you asked how this could be reversed,the only option realistically is to have money a good bunch of lawyers and take it to the high court to challange the SI.
    As for the Minister for justice.Well he will be advised by the Cheif comissioner on day to day policing matters,and any effects his decisions or law might have for the Gardai.Say,the Minister doesnt know a bullet from a trigger,but wants to be a nice guy and let us have centrefire handguns back.Do you think a Cheif comissioner is going to run wuth that??He will "advise" the minister that this will be "unwise"as it might put his men at risk.Sol which minister wont listen to their "Sir Humphry"[Chacter from a political satire Yes Minister]

    Clearer?:);)

    "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 "



  • Registered Users Posts: 1,335 ✭✭✭newby.204


    i googled casandra after i posted the question, to be honest i cant for want of any reason see why this hasnt been challenged on a national level already. tbh ill never be able to challenge it as i dont have the funds!! Wish i did as i like the idea of punching paper with a pistol!! aw well ill just have to settle for thumper and bambi!!!


  • Registered Users Posts: 13,034 ✭✭✭✭It wasn't me!


    newby.204 wrote: »
    i googled casandra after i posted the question, to be honest i cant for want of any reason see why this hasnt been challenged on a national level already.

    You ask the question...
    tbh ill never be able to challenge it as i dont have the funds!!

    And then immediately provide your own answer! :p It'd be frighteningly expensive to challenge and would be much simpler to pursue by convincing a future minister to change the Restricted List SI. That's all it'll take. No act, no lengthy process, just a quick SI, signed and stamped.


  • Registered Users Posts: 1,603 ✭✭✭dCorbus


    And court cases, won lost or drawn, don't always bring about the desired result.


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  • Registered Users Posts: 2,523 ✭✭✭Traumadoc


    http://www.irishtimes.com/newspaper/ireland/2011/0205/1224289076773.html

    Interest picking up on the waste of resources this is costing.


  • Registered Users Posts: 15,025 ✭✭✭✭Grizzly 45


    At least that article finally mentioned the elephant in the room,and blew the Gardai/Dermott Ahernes pious waffling about American gun culture and them falling into the hands of criminals out the door.:rolleyes:
    Simple fact is the powers that be are scared witless of the citzenry having firearms here in Ireland.

    "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 "



  • Registered Users Posts: 947 ✭✭✭freddieot


    Funding for ANVIL and other such operations down by over half to €10 million for 2011 but still lots of money to waste in Court :rolleyes:


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