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9mm cert

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  • 02-10-2005 10:31am
    #1
    Closed Accounts Posts: 6


    Is there anyone out there that has a 9mm or a .40 pistol firearms cert issued from Coolock Gda


Comments

  • Closed Accounts Posts: 115 ✭✭FAB24


    Hiya!..
    I'm thinking of applying for a 9mm glock 17 after christmas. Coolock is my Station for Firearms too. Are you having problems that I should know about in advance. The firearms Sergant is a decent bloke. Never had any problems with other stuff i.e Rifle/Shotgun. :confused:


  • Closed Accounts Posts: 197 ✭✭FLAG


    Hi Folks
    We have a number of complaints with respect to applications for pistols to coolock Garda Station, these issues have been raised at Garda HQ, unfortunately without specific details little progress can be made.
    Anyone having issues should e-mail flagireland@eircom.net with details of the issues and we will accumulate these cases to show that Coolock is a particular issue.
    Some idividuals have also been denied their renewals and others refused when attempting to substitue one firearm for another on the same certificate which is allowed under Section 11 of the 1964 Firearms Amendments.
    If we do not make the complaints about individual locations we will not make any progress.

    FLAG
    Firearms Legislation Action Group
    Sub Committee of SSAI


  • Closed Accounts Posts: 1,843 ✭✭✭Clare gunner


    Flag,
    Are you just handling Coolock or you handling complaints from all over the 26?
    PM me please if you are.
    Regds
    Clare gunner


  • Closed Accounts Posts: 197 ✭✭FLAG


    We are interested in hearing the detail of all issues that relate to firearms licensing, please be aware that we published the attached advice for applicants of firearms certificates, we would expect individuals to have exhausted all avenues of approach before contacting us.

    FLAG


  • Closed Accounts Posts: 6 yrrof


    Fab24
    I was told by the Inspector acting as the Super that I would never be able to give him a good enough reason to have a cert for a 9mm
    He said he would never issue a cert for a pistol of higher caliber than .22
    Being a member of 4 pistol clubs and the IPSA was not a reason for wanting a 9mm pistol


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  • Closed Accounts Posts: 184 ✭✭Riggser


    Understandable if someone doesn't want to issue a license or cert to someone for a pistol and then the week after the very same gun was stolen from the persons house, used in a robbery and even killing someone. Far fetched but not impossible.

    They should make up there minds. If you have all that is required, as in what they want you to get and have, you apply and get it. The Gardai do have a creteria for applications such as this, such requirements are mentioned in other posts. The problem is even if you have all the requirements you are still met with obstacles.


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


    Declan, there's an error in that document:
    it has been established by the High Court and upheld by the Supreme court that this question relates exclusively to you as an individual, the Gardai may not make it a condition of the granting of a Firearms Certificate that you have a gun safe
    In fact, it has not been established that individual preconditions cannot be set and this was commented on by both the High and Supreme Court judges who said that if a Superintendent made a precondition for a specific individual that this was not covered either way, but that they'd be inclined to rule it lawful. From the supreme court judgement:
    38. At the end of his judgment, the learned High Court judge said
    “I am of the opinion that the provisions of [s.4(b)] of the 1925 Act are such as not to restrict the ambit to consideration as to the personal attributes of an applicant for a firearm certificate but may relate to the circumstances in which he/she may have a firearm in his/her possession without danger to the public safety or to the peace... I wish to state that this court expresses no concluded view as to how far a superintendent may go in the context of the exercise of his powers under s.4(b) of the Act of 1925 other than indicating that he may not impose preconditions of the nature sought to be imposed by the commissioner in this case and the commissioner is not entitled to interfere with the superintendent in the exercise of his functions under the Act.”


    39. That passage, admittedly obiter, would appear to suggest that, in the view of the learned High Court judge, it would be open to a superintendent, in the circumstances of a particular case, to stipulate that the holder of one or more firearms could be required, as a condition of being granted a licence, or obtaining a renewal of a licence, to keep the firearm or firearms, when not in use, locked in a firearms cabinet. No notice to vary was served in respect of that passage, and understandably so, since this did not form any part of the reasoning by which the learned High Court judge arrived at his decision. It is, accordingly, unnecessary to express any view as to the circumstances in which the imposition of such a condition might constitute the appropriate exercise of a discretion vested in a superintendent under the 1925 Act or the implementation of a policy by him of an inflexible and rigid nature which would be inconsistent with the proper exercise of that discretion.

    In other words, if your Superintendent says that you need a gun safe and you want to go to court over it on the basis of the NARGC precedent, you may find that the situation is not as clear-cut as you'd think.

    On top of this, the amendments in the CJB are supposed to include an amendment stating that the Commissioner *can* now make blanket preconditions, and that gunsafes are now mandatory which means this whole section may become quite obsolete quite fast :(


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