Moderator refusal.

Nekarsulm

It's obvious that he will not grant a licence for a suppressor.
The firearms officer told me so, back in the Spring.
Only those who had a suppressor granted before he (Super )started in this position get the "s" on their licence.
So it's either 'Shut up and put up" or take it to the district court. Will chat my Solicitor tomorrow to see about estimated costs etc.
As the Super knows (and hopes) people dont have unlimited money to spare on "hobby" pursuits.

Cass

Try and add on costs on any court action. Its not guaranteed, but if they end up paying your costs it'll be worth it. Of course you won't know about that until the case if taken and the decision given. So it's a chance.

Blanket bans are illegal and it seems this is the policy. If you can contact others in the same area that have received the same letter and treatment. Not a class action by any standards, but if thre, four, ten, twenty cases go in it'll show that a blanket ban is in place.

Of course with all suggestions, and as you said, take the actual legal advice from your brief and do not act on any suggestion from me or anyone else on here.

g00167015

Nekarsulm wrote: »

Well AverageFox, the same man sent the same letter to me today as well.
Its stamped 21st July and also 8th August.

Unfortunately, Mr Coen is bound by statute to provide supporting evidence for any grounds upon which he issues a refusal. The learned Ms Justice Clark, in her judgement against Sup't Michael Maher 2008-IEHC-113 stated that

.........''for a certificate to be refused on such grounds necessarily requires the Sup't to demonstrate some evidence in support of same"



Also, his discretion to grant or refuse can ONLY be excercised within the confines of the Act of the Oireachtas which bestowed that discretion upon him. It is a matter of long established case law, regarding the exercise of a discretion conferred by an Act of the Oireachtas, that any such powers conferred may ONLY be exercised within the boundaries of the stated objects of the Act............ in other words, he is not allowed to invent reasons out of his rear end, doing so is a criminal act.

Also, he is blatantly ignoring his duties under Chapter 39 of the Garda Code.

Note that if you decide to appeal, you MUST invoke S_15A(b) of the Firearms Act 1925 as inserted. S_43 of the Criminal Justice Act 2006 is not your recourse for appeal, your appeal must be under the Principal Act. This thick error is made by equally thick Sup'ts all over the country and is technically speaking an attempt to deliberately mislead you.

Note too that here in Ireland we utilise a common-law courts system, as in the UK also. The courts are bound by their existing judgements, basically so that it is seen the law is applied equally to all persons. Therefore, it is important to make yourself and your 'friend' Mr Coen aware of existing case law and/or judicial clarifications on these matters as, by and large, case law is just that, case LAW

###EDIT Mr Coen is duty bound to already know these things, so you can forego telling him until your solicitor/barrister does so, either in Court or in a formal letter. Nothing like highlighting someone's embarrassing levels of ignorance in front of his colleagues and a Judge to make him THINK before he makes a clown of himself in future :-)###


I could continue, but you probably get the gist of how Mr Coen is wasting your time, the Court's time and your money here..........

NOTE as Cass has said though, whilst the above is all correct, it is not legal advice and ought not be construed as such. Simply a few pointers to broaden your knowledge.



I'm off to try and hear a "silent" 130db noise down by the rabbit warren, wish me luck ;-D

Gravelly

I stuck in an application for a new .22 on Friday and was told by the FO that I'll almost certainly be refused a moderator for it, as the super "only gives them in exceptional cases". I'd included a note explaining why I wanted one (horses on the land I shoot, shooting early morning on weekends and don't want to annoy nearby residents etc.)

blackpearl

mine is not up for the .22 till this time next year have not got a modorator down on form ,can i apply now for one or have i to wait thill next year till new form is sent out.

Nekarsulm

You can apply any time, but it'll be another 80 Euro if granted.

I don't actually know what happens afterwards, do they "merge" when the gun license comes up for renewal, or stay as two separate licences?

Cass

You can apply now and some people have been charged as it's technically a new application so incurs the fee of €80 and i've heard most that have not been charged the €80.

The license will not actually be a new license for another three years, but a "replacement" license with the "S" on it that will expire when the current license was going to (next year).