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Legal magazine capacity

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  • 22-09-2013 2:01pm
    #1
    Closed Accounts Posts: 155 ✭✭


    As title suggests, I was wondering does the magazine in rifles or shotguns need to be altered so it can only hold x number of rounds legally?


«1

Comments

  • Registered Users Posts: 14,976 ✭✭✭✭Witcher


    Yeah, 10 for a rimfire, 3 for a shotgun, 5 for a pistol, no restriction on centrefires. Unless you have a restricted licence.


  • Registered Users Posts: 1,805 ✭✭✭juice1304


    as blay has said. just to add to the shotgun limit it is two in the mag and one in the chamber for a total of three.


  • Closed Accounts Posts: 155 ✭✭b_mac


    juice1304 wrote: »
    as blay has said. just to add to the shotgun limit it is two in the mag and one in the chamber for a total of three.

    Is it up to you to ensure only 3 rounds are kept in the magazine of the shotgun or has it to be altered so it can only hold 3 rounds?


  • Registered Users Posts: 14,976 ✭✭✭✭Witcher


    b_mac wrote: »
    Is it up to you to ensure only 3 rounds are kept in the magazine of the shotgun or has it to be altered so it can only hold 3 rounds?

    Most people just put a bit of wooden dowel into the magazine tube to stop more being put in.


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


    It has to be alterd. But there is no specification in the law on how this must be done.

    "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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  • Closed Accounts Posts: 155 ✭✭b_mac


    Grizzly 45 wrote: »
    It has to be alterd. But there is no specification in the law on how this must be done.

    And the Firearms Officer will check this if and when the weapon is inspected?


  • Registered Users Posts: 14,976 ✭✭✭✭Witcher


    b_mac wrote: »
    And the Firearms Officer will check this if and when the weapon is inspected?

    The Gardai don't inspect the firearm, they might have a look if your security was ever checked at random but other than that no.


  • Closed Accounts Posts: 155 ✭✭b_mac


    Blay wrote: »
    The Gardai don't inspect the firearm, they might have a look if your security was ever checked at random but other than that no.

    Thank you, sorry for all the Q's but can a plug be bought for the magazine? If so could it be easily removed?


  • Registered Users Posts: 1,805 ✭✭✭juice1304


    b_mac wrote: »
    And the Firearms Officer will check this if and when the weapon is inspected?

    They might, I have heard of it being done. A NWPS ranger also might check it if you are stopped.
    If the shotgun can hold more than two in the mag you would be in possession of an unlicenced restricted shotgun technically. Well unless you have a restricted licence but I only know of a handful of restricted shotgun licences in the country. Most manufacturers of shotguns make a plug that you can insert into the mag to comply with the law as in america etc.. alot of states would impose the same mag restrictions when hunting.
    You don't want to take it out.
    This is what they look like.
    872807_l.jpg


  • Registered Users Posts: 14,976 ✭✭✭✭Witcher


    b_mac wrote: »
    Thank you, sorry for all the Q's but can a plug be bought for the magazine? If so could it be easily removed?

    A piece of dowel or plastic rod or such is normally used to stop the follower letting more rounds in. It could be removed but it would void the licence.


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  • Closed Accounts Posts: 155 ✭✭b_mac


    juice1304 wrote: »
    They might, I have heard of it being done. A NWPS ranger also might check it if you are stopped.
    If the shotgun can hold more than two in the mag you would be in possession of an unlicenced restricted shotgun technically. Well unless you have a restricted licence but I only know of a handful of restricted shotgun licences in the country. Most manufacturers of shotguns make a plug that you can insert into the mag to comply with the law as in america etc.. alot of states would impose the same mag restrictions when hunting.
    You don't want to take it out.
    This is what they look like.
    872807_l.jpg

    Why is it so hard to get a restricted shotgun licence?


  • Registered Users Posts: 1,805 ✭✭✭juice1304


    b_mac wrote: »
    Why is it so hard to get a restricted shotgun licence?

    Because you have to prove that you actually need a restricted shotgun over an unrestricted one. You must prove beyond reasonable doubt that you need it not just want it.
    When you apply for a restricted licence it is the chief superintendent that decides to grant the licence or not, And many of them are not too fond of restricted anything.
    It is their ass on the line if something were to go wrong etc...
    If you have a real and valid reason for owning one you can have it though, You may need to go to court for it in some cases. I actually own one myself I didn't need to go to court thankfully.:D:D:p:pac:
    In most if not all applications for a restricted firearm you will go for an interview with the cs.


  • Closed Accounts Posts: 155 ✭✭b_mac


    juice1304 wrote: »
    Because you have to prove that you actually need a restricted shotgun over an unrestricted one. You must prove beyond reasonable doubt that you need it not just want it.
    When you apply for a restricted licence it is the chief superintendent that decides to grant the licence or not, And many of them are not too fond of restricted anything.
    It is their ass on the line if something were to go wrong etc...
    If you have a real and valid reason for owning one you can have it though, You may need to go to court for it in some cases. I actually own one myself I didn't need to go to court thankfully.:D:D:p:pac:
    In most if not all applications for a restricted firearm you will go for an interview with the cs.

    What reasons do people have to get a restricted licence?


  • Registered Users Posts: 1,805 ✭✭✭juice1304


    b_mac wrote: »
    What reasons do people have to get a restricted licence?

    I'm not really at liberty to say,
    As you need a real and valid reason it would be down to the individual circumstances and the application would be granted based on that. There is no way really to get one unless there is a specific need for it.
    I'm not going to say why i need it etc.. as someone might try and use that information to make a false application which would be in breach of the firearms act etc... and i don't want to be implicated in anything like that.
    Anyway you couldn't hunt game with a shotgun with more than two in the mag and one in the chamber as otherwise you would be in breach of the wildlife act.
    It could be used for vermin etc... but i can't really imagine needing to fire so many rounds at once is going to happen very much ,if ever...
    It would also make the gun heavier so it's pointability wouldn't be as good etc...
    I leave mine in all the time as i don't see the point in taking it out.


  • Registered Users Posts: 1,082 ✭✭✭bravestar


    b_mac wrote: »
    What reasons do people have to get a restricted licence?

    There is only one reason. That being, you are incapable of doing the job with an unrestricted firearm. It's then up to you to show why this is the case.


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


    bravestar wrote: »
    There is only one reason. That being, you are incapable of doing the job with an unrestricted firearm. It's then up to you to show why this is the case.

    You are a lousy shot????:p:p:p

    "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 "



  • Closed Accounts Posts: 155 ✭✭b_mac


    If you, lets say, worked with weapons at work or something along them lines would getting a restricted licence easier?


  • Registered Users Posts: 1,805 ✭✭✭juice1304


    No is the simple answer.
    The only way of being granted one is by having a valid reason.

    From the commissioners guidelines

    Additional Requirements in th
    e Case of an A
    pplication for a
    Restricted Firearm Certificate and
    Restriction on Licensing of Short
    Firearms
    Section 3 of the Firearms Act 1925 as amended,
    requires an application for a restricted
    firearm certificate to be made to the Comm
    issioner who has delega
    ted his function under
    this section to chief superinte
    ndents of the Garda Síochána.
    The chief superintendent must be satis
    fied as to the following requirements:
    (a) that the applicant fully complies with the conditions as provided for by
    section 4 of the Firearms Act 1925
    as amended by section 32 of the
    Criminal Justice Act, 2006 i.e. the cond
    itions in the case of an application
    for a non restricted firearm (as outlined above).
    (b) that the applicant has good and sufficient reason for requiring the firearm
    for which the certificate is sought, and
    (c)
    has demonstrated that the firearm is the only type of weapon that is
    .....
    appropriate for the purpose for which it is required.

    http://www.garda.ie/Documents/User/Commissioners%20Guidelines%20%28as%20amended%2022nd%20Oct%29%20in%20relation%20to%20Firearms%20Licensing%5B1%5D.pdf


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


    bravestar wrote: »
    There is only one reason. That being, you are incapable of doing the job with an unrestricted firearm. It's then up to you to show why this is the case.

    Its all a load of donkey b**ls, licence the man, not the gun. Either someone is safe with a firearm or they aren't. If they are safe then it shouldn't matter what the gun is, if they are not safe then they shouldn't have anything. Too many self important, alphabet soup irish shooting organisations, know all's getting their oar's in, signing off other peoples guns to save their own.


  • Registered Users Posts: 1,805 ✭✭✭juice1304


    The whole thing is a joke really, I have a restricted shotgun and a centerfire rifle for deer but my super won't grant me a mod for my .22:rolleyes::rolleyes::rolleyes:
    I completely agree it should be the person that is licenced.


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


    rowa wrote: »
    Its all a load of donkey b**ls, licence the man, not the gun.
    We had that legal precedent and then someone took another lawsuit in the full belief it was a sure thing and lost. And now we don't have that legal precendent and there's a legal decision from the High Court saying that the super is perfectly entitled to consider the firearm as well as the applicant.


  • Closed Accounts Posts: 155 ✭✭b_mac


    juice1304 wrote: »
    The whole thing is a joke really, I have a restricted shotgun and a centerfire rifle for deer but my super won't grant me a mod for my .22:rolleyes::rolleyes::rolleyes:
    I completely agree it should be the person that is licenced.

    Exactly. A scumbag or person with hidden mental health issues can do a lot more damage with a non-restricted weapon than someone with an assault rifle who is stable and obeys the law 100%.


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


    Irish firearms licencing, a place where logic and common sense simply don't exist :rolleyes:. I was told when the new firearms licencing system was mooted in the media and online , that we as shooters had nothing to fear. What you had licenced you could keep (no new restricted pistols though), and the man would be licenced and not the gun , pretty much the system they have in the north. all lies.


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


    b_mac wrote: »
    And the Firearms Officer will check this if and when the weapon is inspected?
    b_mac wrote: »
    If you, lets say, worked with weapons at work or something along them lines would getting a restricted licence easier?
    b_mac wrote: »
    Exactly. A scumbag or person with hidden mental health issues can do a lot more damage with a non-restricted weapon than someone with an assault rifle who is stable and obeys the law 100%.

    Two things. We don't use weapons and don't own assault rifles. That is TV slang coming through. We use firearms, and rifles/shotguns. Or simply - guns.


    It's an image thing. The constant use of the word weapon conjures images of death, attack, killings, and all the usual negative connotations associated with guns. We use our firearms for sporting, and legal pursuits so on this forum we ask that the word weapon is not used.

    Thanks.
    Forum Charter - Useful Information - Photo thread: Hardware - Ranges by County - Hunting Laws/Important threads - Upcoming Events - RFDs by County

    If you see a problem post use the report post function. Click on the three dots on the post, select "FLAG" & let a Moderator deal with it.

    Moderators - Cass otmmyboy2 , CatMod - Shamboc , Admins - Beasty , mickeroo



  • Registered Users Posts: 4,772 ✭✭✭meathstevie


    Out of curiosity, has anyone ever heard about someone successfully applying for a restricted licence on the grounds of not wishing to destroy or substantialy devalueing a valueable collectors piece ? Kind of thinking down the lines of older large bore double rifles or handguns of historical value in private possession.


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


    Out of curiosity, has anyone ever heard about someone successfully applying for a restricted licence on the grounds of not wishing to destroy or substantialy devalueing a valueable collectors piece ? Kind of thinking down the lines of older large bore double rifles or handguns of historical value in private possession.

    I seen a pistol used in the 1916 rising with holes drilled in it before the family were allowed to have it back from gardai storage. If a firearm so important had to be deactivated like that what chance do you think you'd have arguing you paid a lot for a collector piece ? Not going to happen.


  • Registered Users Posts: 213 ✭✭Snakezilla


    We really should be grateful for the licencing system that we have, as lousy as it may be.. If a group of anti's wanted, they probably could get laws changed to where gun ownership was completely wiped out...if they kicked up enough of a fuss. All this "8 out of 10 farmers" crap in the media the past couple of days isnt helping our sport. I was disgusted when I saw a newspaper yesterday with a s/s shotgun being pointed at the camera. I have to agree - License the man would be a far better way of doing things.


  • Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    Out of curiosity, has anyone ever heard about someone successfully applying for a restricted licence on the grounds of not wishing to destroy or substantialy devalueing a valueable collectors piece ? Kind of thinking down the lines of older large bore double rifles or handguns of historical value in private possession.

    Not sure that I agree with Rowa's take on what happens. If it it an old gun of unusual calibre its ammo would not be available so I'd go for an exemption on the 'antique' basis. If you have valid grounds and explain it properly I believe that there should not be an issue. The Gardai did not make the rules, they have to implement them and if you can politely show why it should be exempt and where in the Act you can support your claim (without losing the head) it should work. I can see the difficulty with a .45 Webley or S&W pistol but if there is good provenance there is a case to be argued.
    I have a restricted licence .... under the new Firearms legislation my .22 was classified as R because it is semiauto and the (tube)mag contains 18 rounds. First time round I had to explain to the local Sgt. why it should be restricted, then at renewal I was interviewed by the CS and had no issues. I've had a few dealings with FO's and the guys in the Park and TBH I've found them all reasonable and very decent to deal with.


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


    Not sure that I agree with Rowa's take on what happens. If it it an old gun of unusual calibre its ammo would not be available so I'd go for an exemption on the 'antique' basis. If you have valid grounds and explain it properly I believe that there should not be an issue. The Gardai did not make the rules, they have to implement them and if you can politely show why it should be exempt and where in the Act you can support your claim (without losing the head) it should work. I can see the difficulty with a .45 Webley or S&W pistol but if there is good provenance there is a case to be argued.
    I have a restricted licence .... under the new Firearms legislation my .22 was classified as R because it is semiauto and the (tube)mag contains 18 rounds. First time round I had to explain to the local Sgt. why it should be restricted, then at renewal I was interviewed by the CS and had no issues. I've had a few dealings with FO's and the guys in the Park and TBH I've found them all reasonable and very decent to deal with.

    If a firearm takes a metallic cased cartridge, no matter if it is obsolete or not, then it must be held on a full firearms licence. How do i know ? Because (A) its in the commissioners guidelines and (B) I asked the superintendent after seeing a very old rifle in an obsolete calibre for sale in the uk that i wanted to buy.
    I explained to both the local firearms officer and then to the super that the rifle was able to be held without licence in the uk under there provision for obsolete calibres. They both told me the same thing, if it can chamber a metallic cartridge eg. is not an original muzzle loader , then it must be held on a licence.


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


    rowa wrote: »
    If a firearm takes a metallic cased cartridge, no matter if it is obsolete or not, then it must be held on a full firearms licence. How do i know ? Because (A) its in the commissioners guidelines and (B) I asked the superintendent after seeing a very old rifle in an obsolete calibre for sale in the uk that i wanted to buy.
    Neither A nor B is the actual law though rowa.
    Though in practice, there isn't actually any definition of what an antique firearm actually is, there's just "we've always done it this way" and even there that varies from place to place.


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