BEHAVIOURS WHICH WILL NOT BE SUPPORTED BY NARGC.

We are often contacted by firearms licence holders to assist them with problems which have arisen and which have a bearing on their continued ability to possess their firearms licenses. In many instances we have been pleased to successfully assist such licence holders. But there are often some matters referred to us where we can be of no assistance whatsoever and where we would not wish to assist. It seems there is a presumption in some quarters that NARGC will defend everything irrespective of the issue. This is not the case. NARGC subscribes unequivocally to the upholding of the law to the letter and we expect everyone involved in shooting sports to do likewise, including the licensing authorities. There can be no compromise on this. We set out below the sins which every licence holder is aware of and for which there can be no excuses. Licence holders must take responsibility for their own actions and/or negligence. Misbehaviour affects all licence holders.

1. Possession of a firearm without a certificate for that gun. This is an offence which every gun owner is aware of. Do not come to NARGC for assistance.
2. Threatening or the alleged threatening of another person. This is an offence and it is not for NARGC to convince the authorities that no threat occurred. That is for the person involved. Do not come to NARGC for assistance.
3. Gun stolen from an unattended vehicle. This has been highlighted so many times by both NARGC and the authorities. It can never be excused. Do not come to NARGC for assistance.
4. Theft of guns or ammunition from an unoccupied house where the guns are not stored in a gun safe and/or where the keys to the safe are left available and/or where the doors of the house are not locked and/or where the alarm, if fitted, is not activated. Do not come to NARGC for assistance.
5. Bringing a loaded firearm into a vehicle or dwelling. Do not come to NARGC for assistance.
6. Licence holder charged with or convicted of substance abuse, including alcohol abuse (e.g. drink driving). Do not come to NARGC for assistance.
7. Hunting on lands without the permission of the owner/occupier. Do not come to NARGC for assistance.
8. Shooting from a vehicle. Do not come to NARGC for assistance.
9. Shooting from a public road. Do not come to NARGC for assistance.
10. Loaning a firearm to another. Do not come to NARGC for assistance.
11. Any event, where you are blatantly in breach of the conditions which formed the basis of your having been granted a firearms certificate. Do not come to NARGC for assistance.
12. Shooting recklessly or in such a manner as would reasonably give rise to concern by members of the public, landowners or other sports shooters. Do not come to the NARGC for assistance.

Invincible wrote: »

Didn't get any notice of it. Was it in the usual venue?

TO: All Firearms Applicants Affected by the Recent High Court Settlement.
FROM: Des Crofton, National Director, NARGC.

I wish to confirm that the NARGC will host a meeting at 2pm sharp in the Mullingar Park Hotel, Mullingar on Sunday, February 19th 2012 for all those affected by the recent High Court settlement i.e.:-

Category 1 Persons.
1.) All persons who pursued a District Court Appeal and also a Judicial Review application (168 in total), will have their applications for restricted firearm certificates reconsidered by the appropriate licensing authority, who is either the Commissioner of An Garda Siochana or his lawful delegate, (that being an officer of a rank not below Chief Superintendent) with a full right of appeal against any further unfavorable decision to the District Court.

Category 2 Persons
2.) Any person who does not fall into category 1 and who was the subject of a refusal to grant a restricted firearm certificate by a Chief Superintendent and who did not appeal the decision to refuse, is acknowledged under the terms of the settlement negotiated, to be entitled to re-apply for a firearm certificate. Many hundreds of pre-existing firearm certificate holders will fall into this category and this was a crucial element of the settlement the objective of which was to serve the interest of all recreational Target Shooters and not just Clients of these offices.

Category 3 Persons
3.) Category 3 persons are a small number of persons whom the offices of William Egan & Associates represent, but also include individuals who have retained the services of a different Solicitor, but on whose behalf Judicial Review applications had not been pursued either by ourselves for our Clients (for whatsoever reason) or by their own Solicitors. We are presently considering the legal positions of such persons, who as matters stand, are in a less advantageous position than those persons who belong in categories 1 and 2. Suffice to say that these offices and the NARGC are committed to ensuring that category 3 persons are treated in exactly the same manner as category 1 & 2 persons. In other words both us and the NARGC will continue to press for the refusal to be expunged from the record, and that category 3 persons have an application considered afresh in accordance with law as is the position with category 1 and 2 persons. For those of our Clients who fit into this category of persons, we will be writing to them individually, and we will shortly publish particulars of the service we propose to provide to all persons who fall within this category, to ensure equality of treatment of all applicants. Protection of the interests of this category of person may well require the pursuit of further legal action. Given the fact that the State has lost every legal challenge it has faced in the NARGC supported cases, it would not be unreasonable to expect that any further legal action as may be required to protect and vindicate the interests of category 3 persons will be brought to quite a swift conclusion.

Category 4 Persons
4.) Persons heretofore holders of a firearm certificate in respect of a restricted handgun as of the 19th of November 2008, and who did not apply for a firearm certificate under the new licensing regime, continue to be eligible to apply for a firearm certificate for their restricted handgun. Their applications need to be carefully constructed to optimize their prospects of securing the grant of a restricted firearm certificate.


The purpose of the meeting will be to provide a briefing for all the above categories of people who are affected and to provide further clarifications through questions and answers. The meeting will give clear direction to applicants in relation to their applications and also in relation to their rights.

The integrity of the firearms licensing system (and of the Gardai at senior rank) has suffered a severe body blow. It is clear from the revelations in the High Court that the Gardai cannot be trusted to operate the system on their own. Judge Hedigan focused on the Garda admissions of failure in the system to keep proper or any records and the fact that applications had been altered by a Senior officer. He declared the system to be “flawed”. Clearly, an alternative arrangement must be found, if for no other reason than to eliminate the necessity for a queue of legal challenges to continue with the consequential implications for the taxpayer.

Unfortunately, the High Court settlement has not bought tuppence worth of peace in relation to how the Gardai operate the licensing system and NARGC is determined to continue the battle in the courts until someone in the political establishment engages with us with a view to bringing forward a lasting peace. Neither current DOJ officials nor any member of the Garda Siochana are capable of commanding the trust and respect necessary to deliver that peace. Certainly, NARGC will not again sit with such people.

Des Crofton
National Director

Willie Penrose (Longford-Westmeath, Labour)
Question 193: To ask the Minister for Justice and Equality in the context of a recent judgment of the High Court concerning a legal challenge against the refusal of restrictive firearms, if he will indicate that if persons who always held such a firearms licence and who were refused in the past two to three years or so the renewal of such application, will now have their refusal reviewed in the context of their application, whereby it appears that such refusals were being made on a blanket basis without adequate reasons being given; and if he will make a statement on the matter. [9113/12]

Alan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
I understand that the cases referred to by the Deputy were settled and there was, in fact, no judgment delivered by the Court.

It was agreed, as part of the settlement, that any other person, eligible to apply for a Firearm Certificate in respect of a Restricted Firearm, who had previously been refused by the Granting Authority (Chief Superintendent) and which refusal has not been the subject of an appeal to the District Court (as outlined below) may re-submit an application for a Firearm Certificate in respect of a Restricted Firearm, for consideration by the Granting Authority, in accordance with law.

This category has been further clarified, to refer to two (2) specific categories of applicant :

• Applicants who have had their application for a Firearm Certificate, in respect of a Restricted Firearm, refused and have not commenced an appeal to the District Court in respect of this decision; and
• Applicants who have had their application for a Firearm Certificate, in respect of a Restricted Firearm, refused and have commenced proceedings appealing this decision before the District Court but have discontinued such appeal proceedings.

IMPORTANT ANNOUNCEMENT FOR RESTRICTED FIREARMS OWNERS.

Following the meeting in Mullingar on February 19th hosted by NARGC, the Association is pleased to announce that it has made a special arrangement with William Egan & Associates, Solicitors, to provide professional services to all restricted firearms licence holders who are not clients of that firm but who have been refused the renewal of their pre-existing firearms certificates and are affected by the recent High Court decision. Mr Egan has agreed to a request from NARGC to handle licence applications on behalf of this category of licence holder for a total nominal fee of €100 per application. Licence holders will appreciate that given what is at stake and the likely work involved, this represents exceptional value. Such interested parties should contact Mr Egan at: