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About tasers...

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  • 31-07-2017 3:00pm
    #1
    Registered Users Posts: 40,038 ✭✭✭✭


    ...so we've said, I don't know how many times, that pepper spray and tasers are classed as prohibited weapons under section one of the Act and that having one would be a pretty serious offence. Seen today in the courts news:

    http://www.irishlegal.com/8049/and-finally-stunningly-stupid/

    Chap buys a torch with a built-in taser, gardai find it, chap gets a five-year prison sentence.

    I imagine the full transcript would be instructive reading, but mainly I thought it served to underline the point that the definitions in section one aren't academic...


Comments

  • Registered Users Posts: 3,070 ✭✭✭cavan shooter


    In fairness sparks I think there is a hint in the article, and as you say the "mens rae" would be very interesting.

    "raided his house and discovered a stun gun disguised as a torch".

    Why did the gardai raid his house???..


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


    Like I said, I'd love to see the full transcript, but the only charge used to give the sentence was the firearms act one.

    Which basically means that's what it's capable of. Which is why the legislation wonks keep looking at section one the same way you'd look at a scorpion you'd suddenly realised you were sharing a shower cubicle with.


  • Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,721 Mod ✭✭✭✭Tabnabs


    In fairness sparks I think there is a hint in the article, and as you say the "mens rae" would be very interesting.

    "raided his house and discovered a stun gun disguised as a torch".

    Why did the gardai raid his house???..

    This is a UK case, the police raided his house because he was growing cannabis...
    Mr Houston argued there was no “clear” policy on the part of the crown regarding how sentencing should proceed under the circumstances, something the solicitor called “disturbing”.

    Parliament dictates that firearms offences carry a minimum five year jail term.

    Sentencing Turnbull, Sheriff Simon Collins QC said: “The question is whether the crown has taken into consideration all of the relevant circumstances.

    “You deliberately acquired the weapon understanding it was unlawful to do so.

    “I am obliged to imprison you for five years.”

    More info on the trial here:
    https://www.thecourier.co.uk/fp/news/local/dundee/479288/man-given-five-year-sentence-for-stun-gun/


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


    Ah, bloody hell, I just saw the ILN tagline and missed the Dundee part. Gah.


  • Registered Users Posts: 435 ✭✭leupold90


    The Gardaí are now raiding houses in Dundee?


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  • Registered Users Posts: 435 ✭✭leupold90


    [QUOTE.. Dundee part..[/QUOTE]

    Beat me to it : )


  • Registered Users Posts: 15,023 ✭✭✭✭Grizzly 45


    Sparks wrote: »
    Ah, bloody hell, I just saw the ILN tagline and missed the Dundee part. Gah.

    It happens... Just to be somewhat pedantic here.A taser and a stun gun are as different as a shotgun and a rifle. A stun gun is mostly a hand held a device with two prongs that deliver a massive voltage charge to incapacitate. A taser actually fires out two barbed darts on micro thin wires up to 30 feet on the LE version to deliver the voltage. Both would come under the 1925 act alright, but the taser doubly so, as it could be classed as a firearm as well due to its propellant usage...Just sayin..

    "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: 5,500 ✭✭✭tac foley


    Are you permitted to have party poppers in the Republic? Or are they also classed as firearms?

    tac


  • Registered Users Posts: 4,119 ✭✭✭Gravelly


    tac foley wrote: »
    Are you permitted to have party poppers in the Republic? Or are they also classed as firearms?

    tac

    As long as you are of good character, can show justifiable reason for requiring that particular type of party popper, and pay the licence fee.


  • Registered Users Posts: 5,500 ✭✭✭tac foley


    Unbelievable.

    tac


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  • Registered Users Posts: 1,363 ✭✭✭ezra_


    As an aside, mens rea would seem to be satisfied in the case as he had actually used the stun gun element of the torch, and used it to demonstrate that it was a stun gun.


  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    So do you need a licence for a cattle prod then ?


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


    gunny123 wrote: »
    So do you need a licence for a cattle prod then ?

    Technically yes.
    I've never heard of it being enforced, along with the licence requirements for the toy crossbows in the shops, metal detectors in shops, paintball markers (which are restricted short firearms no less), paslode nailguns, "ordinary" nailguns or any one of a dozen others.


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