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Gardai proposals to ban firearms

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


    To allow the academics to comment freely turismo. Free from the fear of being publicly incorrect I suppose...


  • Registered Users Posts: 149 ✭✭turismo2142


    Yes, mmmm. Very democratic.

    ta S.


  • Registered Users Posts: 2,827 ✭✭✭bpb101


    Sparks wrote: »
    To allow the academics to comment freely turismo. Free from the fear of being publicly incorrect I suppose...
    they have to be from AGS,no ? maybe retired or something but has be AGS


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


    Think "transparent" is the word you mean, not democratic.


  • Registered Users Posts: 149 ✭✭turismo2142


    Academics from AGS???

    ;-)


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


    bpb101 wrote: »
    they have to be from AGS,no ? maybe retired or something but has be AGS

    Dunno. They'd have to have academic research credentials though so my guess would be that they'd ask someone from a law department somewhere. There are academics who study firearms law after all.


  • Registered Users Posts: 149 ✭✭turismo2142


    Ultimately it's the same thing sparks.

    Democratic process assumes inherent accountability. Lack of transparency derogates from that principle...to some degree.

    I don't say what I don't mean. ;-)


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


    Ultimately it's the same thing sparks.

    It really isn't. Democracy has nothing to do with accountability between elections beyond not having assassination as a valid means to change government policy (which is the reason it was invented in the first place).
    Transparency into government work is an orthogonal concept; you might as well say that all of target shooting is about reading the wind, which most 10m airgunners might point out is a flawed concept...


  • Registered Users Posts: 149 ✭✭turismo2142


    Sparks wrote: »
    Dunno. They'd have to have academic research credentials though so my guess would be that they'd ask someone from a law department somewhere. There are academics who study firearms law after all.

    I cannot think of any myself though. There are no legal texts on the subject and if there are they're not in circulation between any practitioners.

    What drives me nuts is, and you'll see in in such great journalistic endeavours such as the 2008 Prime Time prog, certain lawyers are rolled out as "experts" simply because they are Lawyers and nothing more. They have no particular expertise in the area (certainly don't practice in it) but purport to give views on the area which Jo Public and Legislators rely upon.

    I do not want to see these types being considered as relevant achademics because they are not.

    Paul Anthony McDermott B.L. spent most of his prime time interview in '08 referring to our firearms as weapons in circumstances where the area is far from his area of practice...that's the point I'm trying to make I suppose.


  • Registered Users Posts: 149 ✭✭turismo2142


    You account for everything at elections. All that was seen in any event, or at least that's the idea. Taking that to the extreme they have to be construed as the same thing. I'm afraid I'm going to have to disagree with you Sparks.

    If you're suggesting that transparency is not in some way a function of a democratic system then so be it but that's not the way I'd see it. Hardly a point to be debated here surely? :-)


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


    I cannot think of any myself though. There are no legal texts on the subject and if there are they're not in circulation between any practitioners.
    There's one - “The Law of Firearms and Offensive Weapons” by McDonnell but it was only published last year. Nice book though, couldn't find any errors in it that weren't caused by changes made to the law after publication.
    Paul Anthony McDermott B.L. spent most of his prime time interview in '08 referring to our firearms as weapons in circumstances where the area is far from his area of practice...that's the point I'm trying to make I suppose.
    Yeah, it's a hell of a shortcoming. Most of the people I know of who are experts in Irish firearms law are not barristers or solicitors, so they're rarely considered academic experts in the area.


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


    You account for everything at elections.
    Yes, but not in between elections. Democratic describes how the elections are run, transparent describes how the government behaves after you democratically elect them.
    If you're suggesting that transparency is not in some way a function of a democratic system then so be it
    They're independent. Both good, but you can work on one without touching the other.
    but that's not the way I'd see it. Hardly a point to be debated here surely? :-)
    True :D It's just a bugbear of mine to use the right words when talking about the Dail because they can point out you've used the wrong one to dodge questions (as they did for 30 years when people kept asking why the 1972 TCO was still in force years later...)


  • Registered Users Posts: 149 ✭✭turismo2142


    Tit for tat...not doing it...lol

    as for the other post;

    I wasn't aware of that. Haven't seen it for sale in the Four Courts either. He's not a member of the Law library (as far as a search tells me). Where'd you pick up a copy?

    I agree whole heartedly with you about the expert thing. Not many lawyers are experts in this area...not really. Simply because it's not an area in which there is a whole lot of work. Judicial reviews are different as such and have more to do with general legal principles rather than the Acts themselves.

    Anything else I'd have to say on the subject would be for PM only I'm afraid.

    Well, I can see you and I are having a productive Thursday at work then....;-)


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


    I wasn't aware of that. Haven't seen it for sale in the Four Courts either. He's not a member of the Law library (as far as a search tells me). Where'd you pick up a copy?
    It's published by Clarus Press, but I got mine off the place I get 99% of my books.
    Well, I can see you and I are having a productive Thursday at work then....;-)
    I handed in my notice a few weeks ago and tomorrow's my last day in here, so my workload is a bit low :D


  • Registered Users Posts: 149 ✭✭turismo2142


    Yeah, I saw that (Clarus).

    I get the impression that the majority relates to criminal offences (Far far far better covered elsewhere let me assure you) ,warrants, searches etc. and the portion that relates to us here is about half of the book?

    Actually, I've found out where I can get my hands on it just now....(as a loan)

    Thanks Sparks.


  • Registered Users Posts: 149 ✭✭turismo2142


    Sparks wrote: »
    I handed in my notice a few weeks ago and tomorrow's my last day in here, so my workload is a bit low :D

    So, are you now making a full time career as a "Gun Lobbyist", Get it?

    Sry, not even a funny joke...


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


    So, are you now making a full time career as a "Gun Lobbyist", Get it?
    Sry, not even a funny joke...
    Ha! :D
    No, I have an actual mortgage to pay and the NTSA doesn't get enough money to pay monopoly mortgages :D


  • Registered Users Posts: 2,426 ✭✭✭garrettod


    Sparks wrote: »
    In short:

    ....

    - Dunno, but I asked and the list is confidential.


    That makes me very uneasy, as it basically gives them a free hand to bring in whoever they want, to say what they want to hear and then claim the "experts" guided the Committee to it's recommendations.

    Thanks,

    G.



  • Registered Users Posts: 1,301 ✭✭✭yubabill1


    garrettod wrote: »
    That makes me very uneasy, as it basically gives them a free hand to bring in whoever they want, to say what they want to hear and then claim the "experts" guided the Committee to it's recommendations.

    gunpolicy.org claims to be impartial and I quoted the research listed therein freely in my submissions

    http://www.gunpolicy.org/

    Slightly concerned that Justice Committee member Gabrielle McFadden (FG) asked MoJE about firearms export licences in PQ thread.....


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


    yubabill1 wrote: »
    gunpolicy.org claims to be impartial and I quoted the research listed therein freely in my submissions
    And Fox News claims to be fair and balanced.

    I mean, gunpolicy.org are still happily saying there are 150,000 illegal guns in Ireland and we have 8.6 guns per 100 people because of that estimate...


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  • Registered Users Posts: 1,301 ✭✭✭yubabill1


    Sparks wrote: »
    And Fox News claims to be fair and balanced.

    I mean, gunpolicy.org are still happily saying there are 150,000 illegal guns in Ireland and we have 8.6 guns per 100 people because of that estimate...

    Might as well be 150million illegal guns - they are not in the hands of people like us, so only Fibber McGrath could be expected to believe that stricter controls on legally-held firearms would affect the misuse of illegal firearms.

    Is this your OCD kicking in, Sparks? ;-)


  • Registered Users Posts: 2,045 ✭✭✭OzCam


    garrettod wrote: »
    That makes me very uneasy, as it basically gives them a free hand to bring in whoever they want, to say what they want to hear and then claim the "experts" guided the Committee to it's recommendations.

    That's exactly what was done in another matter last year. By the same committee. We can only hope that the committee have learned a few lessons since.

    If the experts cannot be identified, then how can you judge their credentials? If the unidentified experts are allowed to quote things like "studies say" then how can you challenge the evidence without a citation? What study? When? Where? Who did it? What's their agenda? Was it peer reviewed?

    Be careful, lads. This is fishy.


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


    yubabill1 wrote: »
    Might as well be 150million illegal guns - they are not in the hands of people like us, so only Fibber McGrath could be expected to believe that stricter controls on legally-held firearms would affect the misuse of illegal firearms.

    Is this your OCD kicking in, Sparks? ;-)

    Might well be :D
    That 150,000 is where they got the 8.6 from (instead of the correct figure of 4.3), which is how the Department wound up telling the Committee that we were middle-of-the-pack in the EU for gun ownership instead of being officially the fourth lowest (and probably second or third lowest if you changed our definition of firearm to match that used in the EU and then audited our figures...)


  • Registered Users Posts: 353 ✭✭BillBen




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


    That's the Interim report. Concerning; not heart-stoppingly bad yet.


  • Registered Users Posts: 353 ✭✭BillBen


    Some of the recommendations are a bit over the top. IE having time locks fitted to safes for the people that have restricted firearms. That would mean in some cases getting a new and expensive safe


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


    Yes, but:
    - some of those recommendations are the best we could have asked for;
    - it's very explicit in differentiating between us and the actual cause of gun crime;
    - we can still write into the committee to protest the recommendations that are suboptimal and there's time for them to be reconsidered.


  • Registered Users Posts: 1,301 ✭✭✭yubabill1


    Sparks wrote: »
    That's the Interim report. Concerning; not heart-stoppingly bad yet.

    Beg to differ.

    This is basically what AGS/DoJE wanted.

    Of course, ballistic fingerprinting is a white elephant (which we are expected to pay for).

    Temporary restriction on 22 short firearms/ SA centrefires - I'm reading no more licences for that one....

    Remember income tax, VAT, USC, 1972 TCO were all introduced as temporary measures.

    I'm not happy, not happy at all.


  • Registered Users Posts: 353 ✭✭BillBen


    Same here. I've only applied for a semi auto c/f I can kiss that goodbye


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


    yubabill1 wrote: »
    Of course, ballistic fingerprinting is a pink elephant (which we are expected to pay for).
    We all know it doesn't work.
    But OTOH, everyone I've talked to has the opinion that if it shut up people about this "stolen guns used in crime" malarky...
    Temporary restriction on 22 short firearms/ SA centrefires - I'm reading no more licences for that one....
    Temporary in this case means "until the final Committee Report is published".
    Yeah, that's not a good one.

    Now read the good stuff:
    The Committee was very impressed with the professionalism and dedication and
    responsibility of the owners of legally held firearms who presented at the Committee and who
    engaged with the Committee during the visit to Harbour House Sports Club in County
    Kildare.
    The Committee acknowledges the wish of representatives of the various shooting
    organisations and clubs to engage in meaningful discussions and to progress matters further.
    The Committee cautions against comparing, in any way, the owners of legally held firearms
    with those engaged in criminal activity.
    In other words, we're not the problem and the government is officially acknowledging that fact despite what the Gardai are saying.
    The Committee strongly recommends that the Minister request that the Garda
    Inspectorate carry out an independent review of the current firearms licensing
    regime;
    In other words, they don't believe the statistics the Gardai are producing or that the Gardai are implementing the law properly.
    2. The Minister should establish a national firearms control and advisory licensing
    authority with an associated central database also accessible by an Garda
    Síochána
    That's centralised licencing right there.
    Me, I think that's not a silver bullet, but people have been asking for this for years.
    The formation of a standing
    consultative forum which would include all major stakeholders should be considered.
    Such a forum would ensure that concerns and proposals from stakeholders could be
    put forward on a regular basis to the authority.
    That's the FCP brought back, finally, but put in charge of licencing:
    The Committee is also of the opinion that such an authority could be:
    a) The National authority that issues firearms licenses; or
    b) An independent authority of final appeal in decisions to grant licenses if the initial
    decision is to remain with An Garda Síochána.
    (In the event that option a) is the role chosen then it would be advisable to separate
    independent appeals process).

    That's not only the FCP running licencing, but a seperate appeals process from the DC as a first line of appeal which would lower costs a lot.
    It is recommended that point 22 calibre short firearms which are currently licensed be further
    temporarily restricted to such firearms suitable only for competition under ISSF rules with a
    barrel length of not less than 12.7 cms and not longer than 30cms and with a magazine
    capacity of 10 rounds. This will require a new SI before the 2015 renewal date.
    In other words, the only .22lr pistols you'll be able to licence will be the ones you can licence today. Hell of a restriction there.

    Well. Maybe the short-barrel P22s will be hit, that's true.
    The Joint Committee is of the view the law in this area needs to be consolidated as soon as
    possible. To contribute to this, the Committee intends to consult with independent experts on
    this matter and consider any Report by the Garda Inspectorate.
    Finally, we'd be able to point to ONE place and say THAT is the law. Not 20+ acts that have to be read along with 50-odd SIs...


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