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Penalty Points V's Renewals.... if you can't be trusted with a car how can you be trusted with a gun

  • 29-07-2024 3:14pm
    #1
    Registered Users, Registered Users 2 Posts: 2,024 ✭✭✭


    Heard a nasty rumour last week that the Gardai are now refusing to renew gun licences for people with too many penalty points on their driving licences. The reason being given is that if you won't obey the rules of the road how can you be trusted to abide by the rules around firearms or if you can't be trusted with a car how can you be trusted with a gun?

    Any information on this or heard any similar stories?



Comments

  • Registered Users, Registered Users 2 Posts: 283 ✭✭Mississippi.


    Could not be right. There would be no legislation for that anyway



  • Registered Users, Registered Users 2 Posts: 6,679 ✭✭✭Feisar


    To follow that logic through any points should surely mean no licence?

    Edit - meant driving licence.

    Post edited by Feisar on

    First they came for the socialists...



  • Registered Users, Registered Users 2 Posts: 877 ✭✭✭zeissman


    i heard from a friend last week that a member of his club was asked to call into the station as the FO wanted to meet him in person after he left in his renewal . He also asked him to bring in his driving licence.



  • Moderators, Sports Moderators Posts: 28,595 Mod ✭✭✭✭Cass


    There is, kinda.

    Section 4(8)(1)(b) of the firearms act lists/discusses those disentitled to hold a firearm certificate. This part specifically says:

    "any person of intemperate habits"

    So you'd be disentitled to hold a cert if AGS deem you to be of such character but if you hold a cert they could use this to revoke or refuse a cert.

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  • Registered Users, Registered Users 2 Posts: 15,047 ✭✭✭✭Grizzly 45


    Maybe they are taking tips from their pals in Europe?

    This has been SOP in Germany for years,if you are convicted of a DUI you lose ALL and any licenses you might have for anything for the time of the license ban. Including guns, small hobby and large boat skippers license,pilots, heavy machinery, etc.Even if your livelihood depends on it too.

    Not to mind these days, fiddling your taxes and having "extremist"[aka right-wing] views, or liking a slightly off social media comment. But I've never heard of it for penalty points.

    Be intresting to see if it did come to a court case,because again vauge definitions in legislation…it seems tho there is truth in the rumour that AGS/DOJ ARE on a drive to decrease the numbers of licenses out there by any means possible

    "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, Registered Users 2 Posts: 3,628 ✭✭✭Kat1170


    I presume any Guard with penalty points will be loosing his or her job. I mean, you can hardly be trusted to uphold the law if you don't obey it yourself.



  • Registered Users, Registered Users 2 Posts: 1,383 ✭✭✭drury..


    Is there any rules around having a prosecution pending or anything like that

    I'm not overly surprised if this was done . cross checking to establish peoples real character

    It happens in insurance where they're cross checking stuff like prosecutions and other insurance to expose people they don't want

    When you pick up penalty points and they check . They're finding out who you really are and if they want u to have a shotgun



  • Registered Users, Registered Users 2 Posts: 39,509 ✭✭✭✭Mellor


    A prosecution pending or a charge pending?

    If you are prosecuted, and sentencing, further changes, or appeal is pending. You are still formally prosecuted and can (and should) be treated as such. If the charge is pending, you are technically still innocent, but but for extreme charges you if could be taken into account (serious drug or assault charges pending, not speeding fines).

    It wouldn't surprise me, but also sounds like a exaggeration from down the pub.

    If somebody had a string of drink driving charges, problems with alcohol, etc. They could see their firearms removed under the legislation. That's reasonable imo. But any ransom speeding ticket. That would be a stretch. Mistakes happen on the road, people get tickets without wilfully disobeying the rules. Doesn't mean that are wreckless people.



  • Registered Users, Registered Users 2 Posts: 1,383 ✭✭✭drury..


    Dunno, that's a specific question insurers ask and i've been asked

    "Have you any prosecutions pending"

    I can see why they want to cross check information on a gun owner



  • Registered Users, Registered Users 2 Posts: 2,024 ✭✭✭deeksofdoom


    On the intemperance / being done for drunk driving… thats either caught behind the wheel blind drunk on the way home for the pub or driving the morning after… a drink driving ban is an automatic loosing your gun liceneces for 7 years …. thats what i was told.



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  • Registered Users, Registered Users 2 Posts: 950 ✭✭✭freddieot


    This thread has jumped from a few penalty points to prosections and drink driving.

    Anyone got a letter of refusal or revocation that cites too many penalty points as a reason for refusal ?

    Otherwise, this is just nonsense.



  • Registered Users, Registered Users 2 Posts: 1,383 ✭✭✭drury..


    It's discussion

    It doesn't have to be shut down



  • Registered Users, Registered Users 2 Posts: 2,451 ✭✭✭garrettod


    It's discussion, that's grown legs and run off down "what if" street, at some speed, tbf ;-)

    Here's one, what if someone is prosecuted for not paying their TV licence (which they'd refused to pay, in protest at the endless shenanigans going on at RTE), should they be refused a firearms licence assuming no other issues?

    How about someone who owns a small business, made a mistake on VAT returns, and gets done, but clears the amount in question, should they be refused a firearms licence?

    There's endless "what if" scenarios, and I personally think that it's a bad idea speculating about what might happen etc.

    I'm personally for sticking to the law, or specific issues that actually arise :-)

    Thanks,

    G.



  • Moderators, Sports Moderators Posts: 1,544 Mod ✭✭✭✭otmmyboy2


    Like all rumors this has been tossed around the shooting community for over a decade now.

    I first heard it when penalty points came in that any would disqualify you from a firearms licence, which is absolute rubbish.
    As always it comes down to the nature of the offence and any patterns of behaviour that may be drawn from it.

    Ie you get pulled for speeding, you pay the fine or go to court and fight it there. You are not likely to have a conclusion drawn from that alone.
    However if you are speeding to the extent that you get a dangerous driving charge, AGS stop you and you are combative then that would certainly lend itself to looking at your behaviour vs a minor traffic infraction.

    And obviously driving under the influence could be viewed as coming under the intemperate habits clause of denial, reproduced here from the commissioner's guidelines(yes I know they are only guidelines, but as we know AGS treat them as rules when it suits them):



    I personally know several individuals who own firearms(and not just a single shotgun or rifle), have racked up penalty points over the years but have not had their firearms removed, or it questioned, because there was no reasonable relation between the two.

    Never forget, the end goal is zero firearms of any type.

    S.I. No. 187/1972 - Firearms (Temporary Custody) Order - Firearms seized

    S.I. No. 21/2008 - Firearms (Restricted Firearms and Ammunition) Order 2008 - Firearm types restricted

    Criminal Justice (Miscellaneous Provisions) Act 2009 - Firearms banned & grandfathered

    S.I. No. 420/2019 - Magazine ban, ammo storage & transport restricted

    Criminal Justice (Miscellaneous Provisions) Act 2023 - 2023 Firearm Ban (retroactive to 8 years prior)



  • Registered Users, Registered Users 2 Posts: 950 ✭✭✭freddieot


    Exactly, these sort of rumours are absolute rubbish. We have enough issues with real laws.

    Penalty points are just statutory summary offences, not Criminal Offences.

    Dangerous driving and so forth is where the issue starts to become more serious and thereby relevant in relation to firearms.

    Incidentally, to go over something mentioned already, not having a TV licence can result in a Criminal conviction. Something to keep in mind.



  • Registered Users, Registered Users 2 Posts: 1,263 ✭✭✭.243


    what…….now you could loose your gun licence for parking on a double yellow lines too much,doing a bad u turn or your licence plate falling off once too often



  • Registered Users, Registered Users 2 Posts: 15,047 ✭✭✭✭Grizzly 45


    , To go over something mentioned already, not having a TV licence can result in a Criminal conviction. Something to keep in mind.

    At absolute last resort and defiance of the court. They will throw the charge if you buy a license and submit to the state demand for money with the menace for a device that is becoming as quaint as an 8-track or Gramaohone player in reality.

    Be some right joke in court if that was the only reason you were being refused a license. Falling out of the pub and being caught DUI for the 3rd time and known for clattering the significant other regularly while under the influence might be a different and justifiable story altogether.

    "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, Registered Users 2 Posts: 39,509 ✭✭✭✭Mellor


    No. That could not happen and nothing in the thread suggests that is the line.

    Falling out of the pub and being caught DUI for the 3rd time and known for clattering the significant other regularly while under the influence might be a different and justifiable story altogether.

    Exactly. That's the kinda of intemperate habit that could, and should, raise some questions.
    I know of one person who had his firearms confiscated temporarily when his drinking got out of control.



  • Registered Users, Registered Users 2 Posts: 1,263 ✭✭✭.243


    IF the rumour and bar stool talk from what is said at the start of the thread would come to fruit,my point is,all of what ive mentioned all result in penalty points



  • Registered Users, Registered Users 2 Posts: 39,509 ✭✭✭✭Mellor


    there’s no law that backs that up.

    somebody maybe lost or was refused a license over multiple serious offences, that he downplayed as a few points down the pub.
    Parking tickets is being ridiculous



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  • Registered Users, Registered Users 2 Posts: 812 ✭✭✭tonysopprano


    When has lack of law ever stopped AGS making up their own?

    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, Registered Users 2 Posts: 1,263 ✭✭✭.243


    exactly,they wouldn’t care how your penalty points were accumulated,as long it could give them the edge to say no,not granting you your licence



  • Registered Users, Registered Users 2 Posts: 577 ✭✭✭JP22


    Lads, at this stage I think it’s safe to say

    “paper never refuse's ink”,

    “a gossiper is a gossiper” end of…

    “rumours abound when little people have little else to talk about”, (my Late Mothers favourite),

    “pub gossip is the worst of all”.

    Even if said gossip’s has a shred of proof in it, at best its total conjecture.

    Yes, in days of old we’ve all heard of a lad who drank too much/loudmouth/local pest/etc and the local Sgt confiscated his firearm (usually shotgun) in an effort to straighten him out, a friendly warning as they say, trying to lead a lad on the straight road.

    Does it happen today, I don’t know, probably on the odd occasion but it’s the local Super who makes these decisions now. The local Sgt who knew everything/everyone is old hat.

    Let’s also not forget our legislation, lots of offences/charges here are probably classified as misdemeanours (even though we don’t use that term here).

    There is a big difference between minor breaches of the law and criminal charges.

    Enough said, rant over for today, happy now……



  • Registered Users, Registered Users 2 Posts: 812 ✭✭✭tonysopprano


    This is where we beat ourselves, and give them the power.

    EVEN IF IT ONLY HAPPENED ONCE, it is contrary to the law, and as you stated

    "Does it happen today, I don’t know, probably on the odd occasion"

    and by our letting it slide "on the odd occasion" then you set the bar lower and let it happen more often.

    First they came for our ???, then they came for our ??? and we gave them all up. Why are they coming for our ???, now, when we sold out all the others?

    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, Registered Users 2 Posts: 15,047 ✭✭✭✭Grizzly 45


    Does it happen today, I don’t know, probably on the odd occasion but it’s the local Super who makes these decisions now. The local Sgt who knew everything/everyone is old hat.

    Yes, it does happen! If things get ugly and downright malicious in your marriage and your better half decides to start her plan of destroying your life. All she has to do is ring the Gardai and state "You are threatening to shoot her and kill all the kids down in the local primary school after you have killed your own!" Or the like.

    You'll be assured of an entire compliment of AGS including the ARU down at your house to remove your firearms on the word of a malicious woman. You have, NO immediate defence, NO right to appeal this until after your divorce which can take 7-plus years, maybe, or you have moved out of the family house and changed address. This is why Americans are going ballistic about the so-called "red flag laws"

    This has happened to at least a half dozen former gunowners I have known and were clients back in my PI days who had this thrown up at them and got their licensed firearms removed. Not revoked, removed.IOW there was no formal revocation as there was no good reason and the paperwork could then be challenged,"removing them to Garda custody" leaves you in a legal limbo of having to prove you are no threat and that your soon-to-be ex was making up the story to the Super.

    Always said it. If your marriage/relationship is going rocky or looks like crashing. Get your guns out of the equation and house, if you want to keep and keep using them. Move them into storage in a local gun dealer, and get a receipt for them,which you keep in the gun safe.So that if this above scenario ever happens

    You have [1]secured them from an arbitrary confiscation. Until you ever get a formal written revocation you can still use them and return them to the GD after a day's shooting.

    [2] You proved your safe gun owner foresight by removing them from a possible future ugly domestic scene.

    [3]You now have a recorded police incident, instigated by your Ex, that shows she isn't the full shilling, claiming you were going to do something criminal,but had already removed your firearms because of your concern of your marriage long before the aGS got involved, thus wasting police time as well. Will be of use to your future divorce lawyer if they are up to their job.

    "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, Registered Users 2 Posts: 39,509 ✭✭✭✭Mellor


    People will absolutely do malicious things like that. Villain there is the person making a false claim. But unfortunately Guards have to act on it. There are far too many cases if husbands and wives, when it all falls apart, who try to end themselves and take the kids with them. Look at the infamous case in Cork.

    Getting the guns out if the house is good advice. It shows foresight. But it doesn’t protect you fully, and it doesn’t prove anybody was lying. As long as you can still access then you can bring them to the family Home.

    If somebody is in that kind of situation. Then need to treat a false accusation like that as serious defamation. It’s severely damaging. Legal action, allegation rescinded. It will stand to you.

    And so the sake of balance, anyone that would use their firearms in any sort of threatening way deserves to lose them. We all know that, but as it’s a public discussion it’s worth spelling out.



  • Registered Users, Registered Users 2 Posts: 475 ✭✭jb88


    No truth in that, had 9 points on my licence at one stage, all points gotten coming from or going to the range. No issues what so ever.



  • Registered Users, Registered Users 2 Posts: 6,679 ✭✭✭Feisar


    First they came for the socialists...



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