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FEC committee & final report - **UPDATE post 442**

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  • Registered Users Posts: 14,987 ✭✭✭✭Grizzly 45


    OR,this advice is coming from some vulture of a gun dealer looking at making a" Buy em cheap sell em high" deal. Happened with the pistols,so it wouldn't surprise me.Even had such an offer on mine by the dealer who imported it for me from another "interested party" SHAAME ON YOU if you are such a lowlife.

    "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 "



  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    I know of only one so far, and it is not the above. I've read the letter and it's decent advice which gives people options and advice so as not to fall foul of the law.

    In respect to the current situation it's apt, however bitter of a pill to swallow the situation is it gives good advice.

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

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  • Registered Users Posts: 778 ✭✭✭tonysopprano


    No, but your choice of wording " the advice is, legally, proper and sound. They give suggestions on how to proceed, options of what can be done" is questionable when boards directs no offering of LEGAL ADVICE.

    My laugh was directed at the timeframe of 3 months to complete all this, when they cannot even comply with applications or substitutions in this timeframe, and now a whole new game, with new rules has been put the table.

    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    @tonysopprano@tonysopprano "when boards directs no offering of LEGAL ADVICE"

    Correct and right. So show me where anyone on here has offered legal advice and I'll remove it.

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

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  • Registered Users Posts: 14,987 ✭✭✭✭Grizzly 45


    Also does help if the entire message was printed in the OP.Not a quarter of it.As I've only been informed now as to its source and content.

    "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: 778 ✭✭✭tonysopprano


    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



  • Registered Users Posts: 778 ✭✭✭tonysopprano


    Your post 866, where you state

    "Clubs are asking people to hand over their guns?

    Seems odd.

    I've heard of some that are giving advice to their members and the advice is, legally, proper and sound. They give suggestions on how to proceed, options of what can be done (such as conversion to straight pull, etc),"

    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    That is not legal advice. That is my opinion of a suggestion contained within the letter, not posted on this forum (save the paraphrased one liner a few posts back) and how it is legally sound. Meaning it is established by or founded upon law.

    Namely (from the link above)

    In addition, and in line with long-stated government policy, firearms certificates for semi-automatic centre-fire rifles that were first granted after 18 September 2015 and which were in force immediately before 1 August 2023, are revoked with effect from 1 November 2023

    Anything else?

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

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  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    Correct.

    A paraphrased one line excerpt from it without the entire letter leads to confusion over its meaning and then to bastardisation of its intent.

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

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  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    @tonysopprano "A conversion to straight-pull, requires the removal of the gas system, which in turn requires a re-proof of the rifle, AND Ireland, not having a Proof-House, means exporting and re-importing the firearm"

    Ok, I give up. I cannot find the legislation you are citing here. Where this is a requirement, legal or otherwise, so can you post a link to it?

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

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  • Registered Users Posts: 778 ✭✭✭tonysopprano


    Try this " Its called the Firearms (Proofing) Act 1968"


    Post edited by tonysopprano on

    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



  • Registered Users Posts: 778 ✭✭✭tonysopprano


    Yet you are entitled to offer your opinion on an unpublished document, in a public forum, stating that your opinion, of an unpublished document, is legally sound and offers decent advice. Now is the time for laughs.

    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    That is section 10(4) and only states that a dealer cannot give someone back their gun unless the dealer is satisfied the person has a license for it or can possess the firearm without a license.

    Nothing about proofing a firearm in the manner in which you said.

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

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  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    Yes.

    It's called an opinion and is based on reading the entire letter. Which means I know the club is not calling for people to surrender their firearms as the previous post seems to suggest but outlining some suggestions for affected people..

    As for your continued laughing suggestion, if you want to continue to laugh at people's misfortunes then haveatit, however I think it's crass.

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

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  • Registered Users Posts: 11,773 ✭✭✭✭BattleCorp


    I don't see why they can't be stored with a RFD. They are restricted firearms. Restricted firearms can currently be stored with a restricted firearms dealer. Nothing in the Miscellaneous Provisions (2022) act contains anything to do with their storage so I don't see why they can't be stored by a restricted firearms dealer after the 1st November.

    That Government advice suggesting that they be handed over to the Gardai is a pile of shyte. You'd want to be absolutely nuts to hand them into the Gardai. You'd essentially be giving away your property that cost thousands for free. I'll be using my firearm until 30th October and then it will be handed into a dealer until I decide what I'll do next.



  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    That is what I'm concerned about.

    If you never had a license for one you could own one but it'd remain in the dealers. Yours to sell as you please.

    It seems that by handing it over to AGS you lose control of the firearm to the extent they now decide what happens with it. So say you find someone in the EU willing to buy it you now have to ask AGS to send the gun out for you as you cannot get possession of it to do so yourself. Where as if it's in an RFD the dealer can do it for you. You're in control, mostly.

    Plus with the 1972 temp custody order and the amount of, now, expensive firearms "lost" I'd be very concerned about handing over my €1,500 to €3,000 firearm.

    Restricted dealers will remain restricted dealers so them holding the guns in storage is not something I see a problem it.

    As said above my only thinking of why AGS don't want them stored in RFDs is they can guarantee after the 4 months (after November 1st) the guns will be destroyed or sold. IOW,gone. Not remaining stored for year(s) in an RFD.

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

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  • Registered Users Posts: 14,987 ✭✭✭✭Grizzly 45


    Think you got that wrong there dude.Re proofing is required IF you are going to sell the rifle or pass it on out of your possession or sell it on the open market after any gunwork is done.Inc BTW threading a barrel.IF you want to hold onto it yourself it doesn't need reproofing.

    It was never enacted! Also, look at it closely it applies only to shotguns. This act came about because of the famous "Fenian Gun company" being set up in Birr back in the 1960s.It didn't become enacted because [1] the Irish govt didn't want to pay for a master proofer [2] The company went bankrupt [3] The political situation with NI was starting to brew up.

    Nor will the Irish govt pay for either now as it would require AGS to lose the authority of all things in firearms knowledge to an independent govt offical.And THAT can't happen!!!

    "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: 937 ✭✭✭freddieot


    How can a restricted RFD take possession of one of these. They will no longer be legally classed as restricted (or obviously unrestricted) firearms. The RFD would be illegally in possession of them.

    Hopeful someone will tell me I'm wrong !



  • Registered Users Posts: 937 ✭✭✭freddieot


    I should add that only unrestricted or restricted are the two categories of firearms than are legally allowed to be licensed. I assume therefore that those are also the only type of firearms that dealers can also have possession off without some DOJ permit (e.g. supplying the army).



  • Registered Users Posts: 14,987 ✭✭✭✭Grizzly 45


    As said above my only thinking of why AGS don't want them stored in RFDs is they can guarantee after the 4 months (after November 1st) the guns will be destroyed or sold. IOW,gone. Not remaining stored for year(s) in an RFD.

    They need them as props so Browne and MacEntee and some senior Gardai can sit behind a big table with smug grins on their faces while the state media [AKA RTE] cameras role and they can spout about "taking these dangerous weapons as a public safety measure out of society!" or some other twaddle. Deny them this opportunity no matter what!

    IF for some insane reason you would surrender you gun to AGS.At least spray paint it fluorescent garish or the rainbow pride flag colour,once you have stripped off every legal accessory and slightly bent the barrel too.

    Plus with the 1972 temp custody order and the amount of, now, expensive firearms "lost" I'd be very concerned about handing over my €1,500 to €3,000 firearm.

    After all we DO remember the "Shakelton firearms case" Where Sir Ernst Shakeltons guns, handed into the TCO were to be reclaimed by the family,and were found in an ex Garda Superintendents personal and illegal firearms collection in the late 1970s/80 once the Shackelton family started threatening legal action against the state? "One bad apple that shouldn't tarnish the entire AGS,etc,etc" I'm sure. So we wouldn't want our mass killing 2000 rounds a minute Main battle tank killing, post-2015 rifles "falling into the wrong hands" once they are out of our possession?

    "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: 6,645 ✭✭✭Feisar


    Commiserations to those of you that are losing your sport.

    First they came for the socialists...



  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    The firearms are not "illegal", just the ability to license them is now revoked for those after September 2015.

    They remain licensed to other pre this date so if the firearms were "illegal" then they couldn't have them either.

    As such they remain restricted firearms and an RFD with restricted status can store them, just not sell them to someone within the state.

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

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  • Registered Users Posts: 11,773 ✭✭✭✭BattleCorp


    They are still restricted firearms. Why would their classification change? These guns aren't banned. People who licenced them before September 2015 can keep their restricted firearms.

    So yep, you are wrong. 😁

    Edit. I didn't see that Cass had already made the same point.



  • Registered Users Posts: 937 ✭✭✭freddieot


    Not being deliberately argumentative but how do they remain restricted firearms if going forward nobody can licence them as restricted firearms. They must have a status on their own.

    A dealer with an unsold brand new SACF on his shelf, are they in possession of a restricted firearm. I would say not.

    There is a logic issue coming to the fore here which was not as apparent in previous legal changes.

    Dealers would be in possession of unlicensable firearms. Previous licencee unable to license them, new purchasers in the state unable to licence them. Effectively they become by default, prohibited.

    There is a contrast compared to the previous issue with CF Handguns. In those cases, they were legally relicensable, albeit subject to the AGS, approving renewals (hence the multiple appeals). In fact, if I for example could locate my old USP that I licensed in 2008, I could technically licence it again now, and it would be an application for a restricted firearm. The new legislation did not leave that option for the SACF rifles. If they can't be relicensing or fall within the parameters of the legislation then they are gone. They have not standing status after that either as restricted or any other form of licensable firearm. Again, I'd pose the question that it could be unlawful for anyone to possess one in such circumstances even a dealer.



  • Registered Users Posts: 11,773 ✭✭✭✭BattleCorp


    S.I. 21/2008 states what is and isn't restricted when it comes to firearms. The fact that you can or can't get a licence for a firearm doesn't change the category of the firearm.



  • Registered Users Posts: 937 ✭✭✭freddieot


    I spent several days in court regarding this so I have seen the legislation before as i poured over it in detail with a legal team. However, this is a 2008 legal position and the SI was published for the purpose of that Act.

    We're in new territory now. My underlying point in the previous posts is that the ptb may not have all their ducks aligned on this one, which in itself could be very helpful. However, a real lawyer would imho need to scrutinise the situation.



  • Registered Users Posts: 11,773 ✭✭✭✭BattleCorp


    It might be new territory but that S.I. still stands.

    I'd be surprised if there isn't a legal challenge so we'll see what happens. The only think I'm sure of is that I won't be following the Government's advice and hand it in to the Gardai. It'll be going to a gun dealer on 30th October until I see what my options are.



  • Registered Users Posts: 937 ✭✭✭freddieot


    I genuinely hope that you and the others involved can find or get some sort of workable solution from this yet.

    The SI definitely does still stand but it refers to "the purpose of the 2008 Act"

    Words are critical. For example, I remember an issue arising around the cases in 2009 on regarding whether the commissioner had authorised certain CSs to examine and decide on restricted applications on his behalf. The issue was whether they had been authorised to do so 'in writing' as is strictly mentioned and required in the act.

    It seems to me the new legislation is perhaps not as tight around the edges and as well thought out as it should be. Time will tell no doubt.

    Good luck and make sure any legal eagles involved check every word and every comma.



  • Registered Users Posts: 432 ✭✭hiddenmongoose


    Telling them to hand them in before the date the licences are revoked is not helpfull,its downright stupid , who needs james and helen when you have clubs advising this!! Telling them that a cancellation is better than a revocation is also not helpfull and downright stupid, they are being revoked because of new legislation not because you did something wrong and as such that will never affect you in a negative manner in any further licence applications again who needs politicians to rot our sport when our own offer advice like this.

    You have till NOV 1st so why give it before then?

    And most, importantly , its not over yet...



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  • Moderators, Sports Moderators Posts: 28,536 Mod ✭✭✭✭Cass


    @freddieot - I get your point now.

    Unlike the 2008 pistol ban this legislation has the caveat that unless the license was in force on or before 1st August 2023 then there is no going into the dealer years later to get your gun back even if it's granted before Sept 2015.

    They're learning.

    That being said it doesn't change the status of the guns otherwise all guns would be subject to the same change of status. They're still restricted firearms.

    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.

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