Sparks Moderator
#1

Hi Folks,
New SI was just released today and other changes to firearms licencing announced:

  • The Minister intends to make fundamental long term reforms in this area by proposing legislation for a Firearms Assessment and Appeals Authority.
  • The Minister has noted the Joint Oireachtas Committee recommendations in relation to the establishment of a national firearms control and advisory licensing authority and an independent appeals process in relation to decisions of An Garda Síochána.
  • The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular forms of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing.
  • While these will be the basic functions of the Authority the Minister will consult as to the range of functions which could be assigned to the Authority. The legislation, which would take some time to prepare, will be subject to pre-legislative scrutiny by the Joint Oireachtas Committee.
  • Individual licensing decisions will continue to be made by members of An Garda Síochána in the light of the determinations made by the Authority but it is intended that the Authority will adjudicate on appeals from decisions by An Garda Síochána. This will offer an alternative to the current system of court appeals.
  • Taking account of the Joint Oireachtas Committee recommendation in relation to the need to introduce secondary legislation in advance of the renewal of many firearms at this time, the Minister has now signed secondary legislation re-defining what constitutes a non-restricted handgun.
  • The purpose of this legislation is to ensure that, while the Minister, of course, cannot interfere with individual licensing decisions, persons who currently hold licenses for handguns will be able to reapply for a license in the current licensing round.
  • This legislation will clarify for An Garda Síochána what firearms may be considered by them for licensing. I enclose a copy of the Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015 for your information.
  • The Minister notes the Oireachtas Committee recommendation that 0.22 inch rim fire calibre handguns be further temporarily restricted. The number of licences for these types of handguns will be monitored and legislation will be introduced as a priority, to provide that no new licences will be issued for such handguns, prior to the establishment of the Authority, if there is a significant increase in the number of applications for new certificates or import licence applications in this regard.
  • The current arrangements introduced in 2008 whereby no new licences will be issued for centre fire handguns will remain in place.
  • It is intended to introduce an immediate temporary cap on the licensing of any new centre-fire semi-automatic rifles pending the establishment and determination of the Authority.
  • Legislation will provide for the revocation of any licenses issued between now and the enactment of the legislation and it is intended that anyone applying for licenses of this nature will be informed of that fact.
  • The Minister intends asking the Garda Inspectorate to review the administration of firearms licensing by An Garda Síochána, following the establishment and operation of the Firearms and Assessment Authority for a 12 month period.
  • The Minister has noted the Joint Oireachtas Committee recommendation that the Garda Inspectorate carry out an independent review of the current firearms licensing regime.
  • Given the changes now proposed, it is deemed more appropriate to review the administration of firearms licensing by An Garda Síochána when the new arrangements are in place for a 12 month period.
  • It is also intended to re-establish the Firearms Consultative Panel to examine general issues of common concern which could include issues such as the establishment of a ballistic record of certain firearms, updated storage conditions for firearms and the reloading of ammunition.
  • The Minister has noted the Garda Commissioner's intention to establish a centralised licensing system for restricted firearms, pending the establishment of the Firearms Assessment and Appeals Authority which will determine what firearms should be licensable.



New SI:
STATUTORY INSTRUMENTS.
S.I. No. 391 of 2015
FIREARMS (RESTRICTED FIREARMS AND AMMUNITION) (AMENDMENT) ORDER 2015


I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise
of the powers conferred on me by section 2B (inserted by section 29 of the
Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17
of 1925) (as adapted by the Justice and Law Reform (Alteration of Name of
Department and Title of Minister) Order 2011) (S.I. No. 138 of 2011)), hereby order as follows:

1. This Order may be cited as the Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015.

2. This Order comes into operation on 15th September, 2015.

3. Article 4(2) of the Firearms (Restricted Firearms and Ammunition) Order
2008 (S.I. No. 21 of 2008) is amended by the substitution of the following
subparagraph for subparagraph (e)—

“(e) the following short firearms where a firearms certificate is sought
for the purpose of using a firearm for target shooting on the
premises of a rifle or pistol club or a rifle or pistol shooting range
authorised under section 4A of the Firearms Act 1925 or at such
other place as stands authorised under section 2(5) of that Act:
(i) air-operated firearms designed for use with 4.5 millimetres
(0.177 inch) calibre ammunition;
(ii) single shot firearms designed for use with 0.22 inch long rifle
rim fire percussion ammunition;
(iii) firearms which are designed for use with 0.22 inch long rifle
rim fire percussion ammunition and use magazines that have
been manufactured or modified prior to use so as to
accommodate no more than five rounds of ammunition”
.

GIVEN under my Official Seal,
15 September 2015.
FRANCES FITZGERALD,
Minister for Justice and Equality.


Press release out:
http://www.justice.ie/en/JELR/Pages/Minister_Fitzgerald_announces_changes_to_Firearms_Licensing
Minister Fitzgerald announces changes to Firearms Licensing

· Proposal to establish new Firearms Assessment and Appeals Authority
· Immediate cap on licensing of any new centre-fire semi-automatic
rifles
· Minister signs new Statutory Instrument re-defining non-restricted
handguns
· An Garda Síochána to establish centralised licensing system for
restricted firearms
· Garda Inspectorate to review the administration of firearms licensing
· Re-establishment of Firearms Consultative Panel
· No changes to the licensing of shotguns and the vast majority of
rifles which make up 99% of licensed firearms in Ireland.

18 September, 2015

Minister Fitzgerald determined to prevent any proliferation of handgun
availability in Ireland while ensuring that target-shooting can continue in
a regulated manner

Frances Fitzgerald TD, Minister for Justice and Equality has today
announced a series of changes to the licensing of firearms in Ireland.

This follows widespread consultation with key stakeholders and hearings by
the Joint Oireachtas Committee on Justice, Equality and Defence on a report
from a Joint Garda Síochána / Department of Justice and Equality Working
Group published in November 2014.

The Minister thanked the Oireachtas Committee for their detailed
deliberations on this matter and she further thanked An Garda Siochana and
stakeholders including bodies representing rural and sporting interests for
their proactive engagement during the Minister’s consultations.

Minister Fitzgerald stated: “It is clear that there are different,
genuinely held views as to the approach which should be taken to the
licensing of firearms in Ireland, particularly in relation to handguns.”

“I share the concerns of An Garda Síochána in relation to public safety and
I am determined to prevent any proliferation of handgun availability in
Ireland. However, I also acknowledge the dedication and responsibility of
the owners of legally held firearms.


“I appreciate that certain measures must be taken in the context of the
current renewal cycle for firearms. Accordingly I am today announcing a
series of proposals which will address issues in the short term but also
maps out the longer term future for a licensing system which balances the
rights of those who wish to pursue their interests with public safety,
which has to be the paramount consideration.”



Minister Fitzgerald therefore decided on the following series of measures:

Establishment of a new Firearms Assessment and Appeals Authority
The Minister intends to make fundamental long term reforms of firearms
licensing by establishing a new Firearms Assessment and Appeals Authority.

The Minister has welcomed the Joint Oireachtas Committee recommendations in relation to the establishment of a national firearms control and advisory
licensing authority and an independent appeals process in relation to
decisions of An Garda Síochána.

The primary function of the Authority will be to determine, on the basis of
an objective assessment of all the issues, with safety of the public being
paramount, whether particular forms of firearms may be licensed in the
State, whether there should be any limit on the number of such firearms and
what safety conditions might properly be applied to their licensing. The
functions of the Authority will be subject to further consultation in
advance of the preparation of the necessary enabling legislation, which
will be subject to pre-legislative scrutiny by the Joint Oireachtas
Committee.

Individual licensing decisions will continue to be made by members of An
Garda Síochána in the light of the determinations made by the Authority but
it is intended that the Authority will adjudicate on appeals from decisions
by An Garda Síochána. This will offer an alternative to the current system
of court appeals.

Immediate cap on licensing of any new centre-fire semi-automatic rifles
The Minister intends to introduce an immediate temporary cap on the
licensing of any new centre-fire semi-automatic rifles pending the
establishment and determination of the Authority.

Legislation will provide for the revocation of any licenses issued between
today (18 September 2015) and the enactment of the legislation and it is intended that anyone applying for licenses of this nature will be informed of that fact.

New Statutory Instrument re-defining non-restricted handguns
The Minister has this week signed a new Statutory Instrument re-defining
what constitutes a non-restricted handgun. This takes account of the Joint
Oireachtas Committee recommendation in relation to the need to introduce
secondary legislation in advance of the renewal of many firearms at this
time.

The purpose of this legislation is to ensure that, while the Minister, of
course, cannot interfere with individual licensing decisions, persons who
currently hold licenses for handguns will be able to reapply for a license
in the current licensing round. This legislation will clarify for An Garda
Síochána what firearms may be considered by them for licensing.

The Minister intends to monitor the number of 0.22 inch rim fire calibre
handguns being licensed. In line with her commitment to prevent any
proliferation of handgun availability in Ireland, the Minister today
announced that if there is a significant increase in the number of
applications for new certificates or import licence applications for these
handguns then she will introduce priority legislation for a future cap.

The current arrangements introduced in 2008 whereby no new licences will be issued for centre fire handguns will remain in place.

Gardai to establish centralised licensing system for restricted firearms
The Minister has welcomed the Garda Commissioner's intention to establish a
centralised licensing system for restricted firearms, pending the
establishment and determination of an independent body to determine what
firearms should be licensable.

Garda Inspectorate to review the administration of firearms licensing
The Minister intends asking the Garda Inspectorate to review the
administration of firearms licensing by An Garda Síochána, following the
establishment and operation of the Firearms Assessment and Appeals
Authority.

The Minister has noted the Joint Oireachtas Committee recommendation that
the Garda Inspectorate carry out an independent review of the current
firearms licensing regime. Given the changes now proposed, it is deemed
more appropriate to review the administration of firearms licensing by An
Garda Síochána when the new arrangements are well in place i.e. 12 months
after the establishment and operation of the Authority.

Re-establishment of Firearms Consultative Panel
The Minister intends to re-establish the Firearms Consultative Panel to
examine general issues of common concern which could include issues such as
the establishment of a ballistic record of certain firearms, updated
storage conditions for firearms and the reloading of ammunition.


There will be no changes to the licensing of shotguns and rifles which make
up 99% of licensed firearms in Ireland.

Minister Fitzgerald stated: “These proposals are aimed at balancing public
safety and the interests of licensed firearms holders. The new Authority
will be best placed to make an objective and independent assessment as to
whether we continue to allow certain firearms to be licensed and result in
a more transparent licensing system. In the meantime all persons who
currently hold licences for 0.22 inch rim fire calibre handguns can apply
to have those licences renewed.”


Individual firearms licensing decisions have been and continue to be
subject to judicial review. The findings of the Courts in relation to the
law on firearms clearly can have implications for the implementation of
proposals in this area.Minister Fitzgerald announces changes to Firearms Licensing

Ends

Attachments
SI.pdf
20 people have thanked this post
IrishTarget Registered User
#2

Thanks for heads up.

Checked http://www.irishstatutebook.ie/eli/2015/si

Nothing up yet.

2 people have thanked this post
yubabill1 Registered User
#3

FFS.

turismo2142 Registered User
#4

Where did you get the summary from Sparks?

Still 5 round mag for the pistols? I'd heard that was going to change upwards. So much for sources eh? A change to 6 rounds would make all the difference. Opportunity lost.

1 person has thanked this post
Sparks Moderator
#5

turismo2142 said:
Where did you get the summary from Sparks?

Courtesy call from the DoJ. All the NGBs and other groups had already been notified this morning.
Still 5 round mag for the pistols? I'd heard that was going to change upwards. So much for sources eh?

That's often the case, it's why we tend to roll our eyes at them if they can't be quoted.
A change to 6 rounds would make all the difference. Opportunity lost.

Nope.
This was never an opportunity for anything. We were seeing a proposal to crank down on the ratchet by a lot; there was never any realistic hope of fixing broken things. I want to see the actual text first, but it does actually sound like some things managed to get fixed though, which is a huge pleasant surprise to me. Some things are not going to be pleasant reading though, but that's an expected outcome from any new legislation (I'm not saying it's good, I'm saying that if you see a falling rock above you, a sharp pain in your head shortly afterwards shouldn't be surprising).

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gunhappy_ie Registered User
#6

Single licencing authority ?

BillBen Registered User
#7

At the risk of sounding stupid does that include applications that are before the courts

Sparks Moderator
#8

gunhappy_ie said:
Single licencing authority ?


No, AGS remain the licencing authority, but there will be a non-AGS arbitration route in the event of refusals and it's a move towards a centralised licencing system. Really need to read the docs to get the details right, I'm summarising a phone call so far. Watch this space and all that.

BillBen said:
At the risk of sounding stupid does that include applications that are before the courts


For arbitration? No, that won't be in place for a while, and it's a pre-court step (and optional, you can skip it, but what judge would thank you for wasting time by doing that?)

For things like the GSG cases? Yes, the SI will be citable there and should short-circuit those cases. I understand there's an AG opinion of some form being released as well (but I may have misheard that one).

BattleCorp Registered User
#9

How long does it normally take for them to release details of the S.I.?

Sparks Moderator
#10

Not very long BC, it's mostly technical publishing stuff I think. It's already signed, it's just publishing now. Later on this evening I'd guess, maybe earlier. The NGBs already have copies, if anyone would like to publish it or send a copy to us to pop up here.

gunhappy_ie Registered User
#11

Taken from country side alliance Ireland on facebook:

Minister Fitzgerald - on RoI Firearms Issues

The Minister has advised us of the changes she has decided to implement to the firearms licensing system. The changes will address issues in the short term but also map out the longer term future for a licensing system which balances the rights of those who wish to pursue their interests with public safety, which has to be the paramount consideration.

The Minister has therefore decided on the following series of measures:-

The Minister intends to make fundamental long term reforms in this area by proposing legislation for a Firearms Assessment and Appeals Authority.

The Minister has noted the Joint Oireachtas Committee recommendations in relation to the establishment of a national firearms control and advisory licensing authority and an independent appeals process in relation to decisions of An Garda Síochána.

The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular forms of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing.

While these will be the basic functions of the Authority the Minister will consult as to the range of functions which could be assigned to the Authority. The legislation, which would take some time to prepare, will be subject to pre-legislative scrutiny by the Joint Oireachtas Committee.

Individual licensing decisions will continue to be made by members of An Garda Síochána in the light of the determinations made by the Authority but it is intended that the Authority will adjudicate on appeals from decisions by An Garda Síochána. This will offer an alternative to the current system of court appeals.

Taking account of the Joint Oireachtas Committee recommendation in relation to the need to introduce secondary legislation in advance of the renewal of many firearms at this time, the Minister has now signed secondary legislation re-defining what constitutes a non-restricted handgun.

The purpose of this legislation is to ensure that, while the Minister, of course, cannot interfere with individual licensing decisions, persons who currently hold licenses for handguns will be able to reapply for a license in the current licensing round.

This legislation will clarify for An Garda Síochána what firearms may be considered by them for licensing. I enclose a copy of the Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015 for your information.

The Minister notes the Oireachtas Committee recommendation that 0.22 inch rim fire calibre handguns be further temporarily restricted. The number of licences for these types of handguns will be monitored and legislation will be introduced as a priority, to provide that no new licences will be issued for such handguns, prior to the establishment of the Authority, if there is a significant increase in the number of applications for new certificates or import licence applications in this regard.

The current arrangements introduced in 2008 whereby no new licences will be issued for centre fire handguns will remain in place.

It is intended to introduce an immediate temporary cap on the
licensing of any new centre-fire semi-automatic rifles pending the establishment and determination of the Authority.

Legislation will provide for the revocation of any licenses issued between now and the enactment of the legislation and it is intended that anyone applying for licenses of this nature will be informed of that fact.

The Minister intends asking the Garda Inspectorate to review the administration of firearms licensing by An Garda Síochána, following the establishment and operation of the Firearms and Assessment Authority for a 12 month period.

The Minister has noted the Joint Oireachtas Committee recommendation that the Garda Inspectorate carry out an independent review of the current firearms licensing regime.

Given the changes now proposed, it is deemed more appropriate to review the administration of firearms licensing by An Garda Síochána when the new arrangements are in place for a 12 month period.

It is also intended to re-establish the Firearms Consultative Panel
to examine general issues of common concern which could include issues such as the establishment of a ballistic record of certain firearms, updated storage conditions for firearms and the reloading of ammunition.

The Minister has noted the Garda Commissioner's intention to establish a centralised licensing system for restricted firearms, pending the establishment of the Firearms Assessment and Appeals Authority which will determine what firearms should be licensable.

6 people have thanked this post
Sparks Moderator
#12

gunhappy_ie said:
It is also intended to re-establish the Firearms Consultative Panel

Well thank feck for that!

4 people have thanked this post
gunhappy_ie Registered User
#13

Nothing about shotguns restricted or otherwise ?

BattleCorp Registered User
#14

So what's gone?

Centrefire semi auto rifles?

Anything else?

1 person has thanked this post
turismo2142 Registered User
#15

"The Minister notes the Oireachtas Committee recommendation that 0.22 inch rim fire calibre handguns be further temporarily restricted. The number of licences for these types of handguns will be monitored and legislation will be introduced as a priority, to provide that no new licences will be issued for such handguns, prior to the establishment of the Authority, if there is a significant increase in the number of applications for new certificates or import licence applications in this regard."

So we may or may not put a temp ban on .22lr pistols depending on whether or not there is a surge in demand? Election = can + kick

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