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Shooting Forum - Firearms licencing information


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Garda Frequently Asked Questions on licence application refusals

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  • 18-07-2014 3:27pm
    #1
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭


    From the Garda firearms page:
    Q I have been refused a licence for a firearm and have successfully appealed the
    decision to the District Court. Will the refusal remain on PULSE?

    A The Pulse record of a REFUSED application, if subsequently granted following an
    appeal or otherwise, is then updated on the system to a status of granted by the issuing
    person.

    Q I have been refused a licence for a firearm but have not appealed the decision
    to the District Court. Will the refusal remain on PULSE in perpetuity?

    A Applications that have been refused will remain on the Pulse system as refused.
    However, this refusal will not criminalise any person and merely records the application and
    the refusal.


    Q I have been refused a licence for a firearm did not appeal the refusal but
    subsequently disposed of the firearm. Will the refusal remain on PULSE in perpetuity?

    A Applications that have been refused will remain on the Pulse system as refused.
    However, this refusal will not criminalise any person and merely records the application and
    refusal.

    Q I have been refused a licence for one firearm but I hold certificates for other
    firearms. Will I have to declare this refusal at each renewal?

    A The Firearms Certificate Application (FCA1) form in Section 2.4, and Firearm
    Certificate Renewal Form (FCR) IN Section 3.4 at - Previous History, requests information
    regarding whether the applicant has ever been refused a firearms certificate. However, it
    explicitly states that this does not necessarily mean the application will be refused, but it may
    lead to further enquiries. The applicant is of course entitled to attach to the application form any
    additional information regarding the circumstances of any the refusal.

    Q I have been refused a licence for a firearm in Ireland and have successfully
    appealed the refusal to the District Court. Will I be required to declare this refusal
    when I apply for a permit to shoot in another jurisdiction?

    A The Pulse record of a REFUSED application, if subsequently granted following an
    appeal or otherwise, is then updated on the system to a status of granted by the issuing
    person and therefore the refusal is no longer recorded.


    Q I have been refused a licence for a firearm in Ireland but did not appeal the
    refusal to the District Court. Will I be required to declare this refusal when I apply for a
    permit to shoot in another jurisdiction?

    A This refusal remains on the Pulse system as a refusal and should be declared
    whenever required.


Comments

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    #2
    Cass
    Moderators, Sports Moderators Posts: 28,448 Mod ✭✭✭✭Cass


    I'm assuming these are new and specific to the refusal issue. IOW not a continuation of the standard FAQ that was there?
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    #3
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    Yup, spotted them today.


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    #4
    Dian Cecht
    Closed Accounts Posts: 338 ✭✭Dian Cecht


    Call me cynical, but is this an attempt to stop people applying for say a pistol as if they're refused and can't/won't go for an appeal it will/might affect future background checks?


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    #5
    Tackleberry.
    Registered Users Posts: 1,244 ✭✭✭Tackleberry.


    Dian Cecht wrote: »
    Call me cynical, but is this an attempt to stop people applying for say a pistol as if they're refused and can't/won't go for an appeal it will/might affect future background checks?

    Well there is good news on that front as the District Courts Rules Committee met on Feb 4th and decided that costs can be awarded in firearm cases..


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    #6
    richiedel123
    Registered Users Posts: 457 ✭✭richiedel123


    Tackleberry. wrote: »
    Well there is good news on that front as the District Courts Rules Committee met on Feb 4th and decided that costs can be awarded in firearm cases..

    Could you pm me details of this if possible or any links to details.thanks


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    #7
    richiedel123
    Registered Users Posts: 457 ✭✭richiedel123


    Tackleberry. wrote: »
    Well there is good news on that front as the District Courts Rules Committee met on Feb 4th and decided that costs can be awarded in firearm cases..

    Could you pm me details of this if possible or any links to details.thanks


  • Options
    #8
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    Tackleberry. wrote: »
    Well there is good news on that front as the District Courts Rules Committee met on Feb 4th and decided that costs can be awarded in firearm cases..

    Has that SI been passed yet Tack? I've been looking for it but haven't been able to find anything updating SI 17/2014 so far.


  • Options
    #9
    Grizzly 45
    Registered Users Posts: 14,943 ✭✭✭✭Grizzly 45


    Well this particular cats out of the bag now.

    Look up SI 17 2014.Download it in PDF and type in Firearms,and save reading lots of intresting stuff on gaming liscenses,dance halls etc.


    8 Firearms Act 1925 (as amended by the Criminal Justice Act 2006)
    8. (1) In this rule,
    the “Act” means the Firearms Act 1925;
    the expression “issuing person” has the meaning given to it by the Act.
    (2) Despite rule 2(2), an appeal under section 15A of the Act (inserted
    by section 43 of the Criminal Justice Act 2006) by a person aggrieved by a
    decision referred to in section 15A(1) of the Act by an issuing person may
    be made within the period specified in section 15A(2) of the Act.
    (3) An appeal under section 15A of the Act must be made by notice of
    appeal in the Form 40D.01, Schedule C, with such modifications as are
    necessary.
    (4) The notice of appeal must be issued by the Clerk and served in
    accordance with the provisions of Order 41 on the issuing person at least 14
    days before the return date.


    Came into operation 20 Feb 2014
    Signed of by Alan Shatter [Maybe not such a bad guy after all ??]

    "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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    #10
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    Yeah Grizzly, but that's nothing to do with the costs issue. Reread Hayes -v- Sheahan, it seems to come down to the DC not being explicitly told (in the Act) that they're allowed grant costs in firearms licencing cases and therefore they're not allowed to grant them. The DC rules (or the Firearms Act) would have to change to grant them that authority. Tack says that's happened -- I just haven't been able to find where it was done yet.


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    #11
    Grizzly 45
    Registered Users Posts: 14,943 ✭✭✭✭Grizzly 45


    FWIW from the legal eagles,is that this SI negates the Hayes V Sheahan HC decision as this is a SI in law and that was a decision now in contradiction to the law.

    So IOW there is now possible financial sanctions against the State if taking these cases in the DC.Whether the DC grants them is another matter.

    "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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    #12
    Sparks
    Registered Users Posts: 40,038 ✭✭✭✭Sparks


    Ah, right! Because that stuff is in section 40D which in turn is in Part III (Civil Proceedings) of the District Court Rules and they weren't in that part before; which is why Hayes was saying that DC appeals for firearms certs weren't a civil proceeding and so costs couldn't be awarded. Right, now I understand it.

    Damn nice bit of news that. And timely, for the 30-odd cases up in front of the High Court Taxing Master at the moment!


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