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Criminal Justice Bill 2004

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  • Closed Accounts Posts: 801 ✭✭✭jaycee


    Well done Sparks ,
    Burning the midnight oil a bit there ..!

    I don't know what to make of all that ...

    I agree with your conclusions re the Barr inquiry ,But I fail to see any real relevance to our situation (except as you have pointed out.. the mental health angle)

    The incident in Abbeylara while obviously regrettable , shouldn't really have a bearing on the type and calibre of firearms available .

    AFAIK ..it involved one 12 gauge shotgun , and a combination of garda and army firearms.

    Perhaps ..he's going to suggest that the Gardaí and Army undergo mental evaluation before issuing them with weapons. :rolleyes:
    You'd save more lives by introducing a sanity test before allowing people to drive cars..(Judgeing by some of the idiots I've seen)

    Equally ..leaving aside criminal elements...
    the Criminal Justice Bill should not be construed as equating legitimate sports people with criminals.
    Quite right too... Criminals seem to have access to all types of firearms..
    Legitimate sportsmen don't...:mad:
    more people have been killed by blunt instruments and knives than firearms .
    Following his logic you'd need a mental health check before you can buy .... cutlery or...... a hammer ..?
    Further provisions on the control of firearms to be introduced on Committee Stage will also be in the form of amendments to that Act.
    Sadly theres still no indication of what those famous "Further provisions" might be... :(


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    jaycee wrote:
    Well done Sparks ,
    Burning the midnight oil a bit there ..!
    Might as well do something if I have insomnia, no?
    :D
    I agree with your conclusions re the Barr inquiry ,But I fail to see any real relevance to our situation (except as you have pointed out.. the mental health angle)
    There isn't - but then ought and is are largely unrelated in firearms legislation for a depressingly large amount of the time :(
    The incident in Abbeylara while obviously regrettable , shouldn't really have a bearing on the type and calibre of firearms available .
    Indeed, but instead on the enforcement of the existing laws.
    Equally ..leaving aside criminal elements...
    Quite right too... Criminals seem to have access to all types of firearms..
    Legitimate sportsmen don't...:mad:
    Well, irony aside, that's not the first time that that sentiment has been stated by a Minister for Justice, though I don't know if that's the first time in those words for McDowell... good to see it being restated though.
    Sadly theres still no indication of what those famous "Further provisions" might be... :(
    Well, we do know one will be banning sawn-off shotguns. No loss there. But I got an email this morning saying that article 21 of the 1964 act will be amended to include ammunition as well as firearms, so if that's done the way we'd like (ie. you don't need an importation order for your own ammunition), that'd be good for us - of course, if they amend it to rescind it, that wouldn't be so fantastic :( But we can hope (and push :D )!


  • Registered Users Posts: 3,057 ✭✭✭civdef


    As I've already stated, it'll take an incredible stretch of logic to use the the Barr Tribunal as justification for requiring mental health vetting of applicants for firearm certificates considering it was revealed that a psychiatrist and a GP wrote letters on John Carty's behalf stating in their medical opinion he was fit to have a firearm again.


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    True civ, but then it took a fair stretch of logic to turn the actions of a madman who shouldn't have been given an FAC in Dunblane into a ban on handguns throughout the UK! It's amazing how far logic can be stretched if your point of view is sufficently ill-informed :(


  • Closed Accounts Posts: 801 ✭✭✭jaycee


    It's amazing how far logic can be stretched if your point of view is sufficently ill-informed

    Or... it suits your purpose !


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  • Registered Users Posts: 59 ✭✭Yuppie


    quick point
    it will be interesting to see if any of the new amendments will make it easier for any already registered holders/owners of "weapons"(ie not a firearm), to obtain licences and firearms.

    i would also agree with the .45Mm as a maxium for handguns.
    a 556 calibre rifle limit would also be good because theres no real need to shooot a higher caliber.


  • Closed Accounts Posts: 284 ✭✭Zakalwe


    Yuppie wrote:
    quick point
    i would also agree with the .45Mm as a maxium for handguns.
    a 556 calibre rifle limit would also be good because theres no real need to shooot a higher caliber.

    Limits on calibre size are ridiculous. A .44 magnum or .357 magnum is technically a smaller calibre than a .45ACP. Guess which is the weaker round?

    As for setting highest rifle calibre at 5.56 (~.223) there are plenty of valid reasons to shoot a higher calibre.

    1) Target shooting goes up to .50BMG in some countries. Shooting competitions with 6mm, 7.62 (.308) are very common. Why ban say, a .50BMG target rifle? They're 7 feet long, weigh a ton and cost a small fortune. I doubt they'd be the weapon of choice for bank robbers.

    2)Hunters in this country before the recent change could shoot up to .277 Winchester. You want a weaker round set as the upper limit? Shooting a decent size deer with a 5.56 is probably cruel ( hunters fill me in here? )


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    Zakalwe wrote:
    Limits on calibre size are ridiculous.
    I wouldn't say ridiculous :D But definitely not the right way to do it. Of course, that's assuming that limits in this case at all are a meaningful idea. Which in all honesty, they're probably not - you could kill someone with an air rifle if you put your mind to it after all (though probably by beating them over the head with it...).

    That said, realistically speaking it's unlikely that the general public (who know nothing of firearms on a technical level) would be comfortable with the idea that there are no limits - so perhaps we would be best served by choosing limits that have some meaning. Muzzle energy perhaps, or muzzle velocity. I know that there are already such limits (10,000 joules of muzzle energy and I think it's 7000 m/s muzzle velocity) for the fullbore ranges at Bisley (as in, exceed those limits and you're not allowed shoot there). So perhaps those are metrics we can work with - thus giving the general public something they want while not overly crippling ourselves to do so. Besides, if the limit was muzzle energy, it makes it a bit easier to bring in a lower limit where an air rifle becomes a firearm (which is set by muzzle energy through most of Europe at present - 7 joules in Germany, 12 foot-pounds in the UK for air rifles and half that for air pistols, and so on).
    Why ban say, a .50BMG target rifle? They're 7 feet long, weigh a ton and cost a small fortune. I doubt they'd be the weapon of choice for bank robbers.
    No, but they were a weapon of choice for paramilitaries, hence the lack of reluctance to reintroduce them here :D
    Shooting a decent size deer with a 5.56 is probably cruel ( hunters fill me in here? )
    Not being a hunter, don't take this as authorative, but in the words of a certain marine, "it's not calibre, it's placement". The 5.56 round could certainly do the job, assuming you're close enough and accurate enough (which all hunters would strive to be, no doubt).

    As to whether it's the best round for the job, I leave that to those that know more about it to debate it - me, I can't even bring myself to swat flies, let alone shoot mammals :D


  • Closed Accounts Posts: 284 ✭✭Zakalwe


    Sparks wrote:
    Muzzle energy perhaps, or muzzle velocity. I know that there are already such limits (10,000 joules of muzzle energy and I think it's 7000 m/s muzzle velocity) for the fullbore ranges at Bisley (as in, exceed those limits and you're not allowed shoot there).
    7000m/s is around Mach 20. I think that may be slightly faster than any bullet ever made travels. Unless........... Can you get railguns licensed?
    As to whether it's the best round for the job, I leave that to those that know more about it to debate it - me, I can't even bring myself to swat flies, let alone shoot mammals :D

    Me either. I trap spiders and release them outdoors myself. I'm sure it's possible to take a deer with a .22 if you hit it right, but I'd bet most hunters prefer to err on the side of caution and kill the animal humanely.


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    Zakalwe wrote:
    7000m/s is around Mach 20. I think that may be slightly faster than any bullet ever made travels. Unless........... Can you get railguns licensed?
    Erp, sorry, bad handwriting in my notebook :D
    It's not 7000, it's 1000 m/s for MoD ranges in the UK. (Which is nearly every fullbore range going).


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  • Closed Accounts Posts: 801 ✭✭✭jaycee


    Phew..!

    That's a relief..! :D
    I was racking my remaining braincells to try to figure out what calibre kicks out
    @ 7000 M/S :eek:

    Although ...?

    Maybe if you handloaded using a "Hot" load of dilithium crystals..!
    "She'll 'nooo stand it capt'n ..she'll vibrate herself to pieces " ;)

    (Childish I know ..Just couldn't resist it..) :o


  • Registered Users Posts: 2,804 ✭✭✭recipio


    :confused: Evening gents, this is my first post so please be patient.
    I own two .22 rifles but have started to become interested in airguns.
    Briefly, this is what I think:
    1. Airgun law in the ROI is grossly unfair . It has legistated the ownership of airguns out of existance. No one can buy/sell airguns, collect airguns, import airguns/ and generally pursue an interest in airgun shooting as can be freely done in the U.K.We are treated like children.
    2.This policy is both unnecessary and draconian. We are the only E.U. country requiring an import licence for airguns--are we right and everybody else wrong ??
    3.Following the 1972 confiscations I believe a mindset developed in the Dept. of Justice allowing them to issue diktats from Dublin without ever being challenged and this persists to this day. I grew up in the 1960's buying airguns freely and still have a sense that a civil liberty was taken from me.
    4. When Governments start to confiscate property and allow it's police to enter homes without any checks and balances a small part of democracy is forever eroded.
    5.I don't see any effective lobby in this country for genuine reform of airgun law, so lets put our shoulders to the wheel on forums like this.( the link to the DOJ above is not working ! )
    6. Realistically I'd be in favour of adapting similar laws to the U.K. Airguns could be imported from the main manufacturing countries--U.K./ Sweden/ Germany/ without impinging on their export regs.
    7. The law banning airgun shooting of vermin including rabbits is ridiculous and positively dangerous. What should we use around farmyards--.22 rifles ?
    8. The image of airguns being the preserve of immature teenagers should be dispelled. Airgun science has progressed apace with most serious airgunners using PCP's , --3 or 4 times as expensive as standard .22 rifles.

    Can anybody restore the link to the DOJ as I'd be happy to convey the above to them. ?


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    recipio wrote:
    allow it's police to enter homes without any checks and balances
    Er, not to detract from the rest of the the post, but when did this happen?
    Can anybody restore the link to the DOJ as I'd be happy to convey the above to them. ?
    Er, I did try the two links and they both seem to be working fine for me, and there's no notice on the page to say the email address is closed, so it ought to be working fine...


  • Registered Users Posts: 2,804 ✭✭✭recipio


    :D Thank you Sparks.
    Is it still not Garda policy to make the installation of a gunsafe a precondition to getting a firearms licence ? If this succeeds then of course they will want to inspect it in our homes. Once that is granted I see it being very difficult to refuse repeat visits/annual inspections etc. Maybe I'm paranoid but I value my privacy.I did pose this as a hypothetical scenario.
    The link is still not working for me , I get a "this page cannot be displayed "notice.


  • Closed Accounts Posts: 8,570 ✭✭✭Rovi


    recipio wrote:
    The link is still not working for me , I get a "this page cannot be displayed "notice.
    The Department of Justice's website and Criminal Justice Bill 2004 links seem to work fine for me, however the e-mail link is incorrectly formatted. (It's in 'url' tags rather than 'EMAIL' tags, in case anyone's interested)
    Is that the one you're having trouble with, or do none of them work for you?

    Try this version-
    firearms_CJB2004@justice.ie
    It's available on the 'Department of Justice's website' link above anyway.

    .


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    recipio wrote:
    :D Thank you Sparks.
    Ah, it's my (albiet unpaid :D) job.
    Is it still not Garda policy to make the installation of a gunsafe a precondition to getting a firearms licence ?
    No. It was attempted to install this as a policy, but defeated in the Supreme Court by the NARGC on the grounds that a policy that extends to all must be put in place in legislation and only the government can do that, not the gardai. However, in an individual case, the local superintendent can pretty much place any precondition that he deems reasonable on the licence, so long as it's legal (though you can ask for a judicial review of his decision if you feel it's unreasonable).

    There is, however, an amendment coming up that will make it a precondition that you must have secure storage, though no definition of secure storage is given, but that's not here yet.
    If this succeeds then of course they will want to inspect it in our homes. Once that is granted I see it being very difficult to refuse repeat visits/annual inspections etc. Maybe I'm paranoid but I value my privacy.I did pose this as a hypothetical scenario.
    Not to worry. The right to privacy is a constitutional right. The amendment cannot override it, and is written in such a way that rather than have the safe inspected, you can just prove it's there to the superintendent (invoices, polaroid photo of it's installation, perhaps?). However, no matter what, the amendment does not give anyone the right to demand entry to your home without a warrant.
    The link is still not working for me , I get a "this page cannot be displayed "notice.
    I don't understand why that is. Or is it that you're clicking on the email link?


  • Registered Users Posts: 2,804 ✭✭✭recipio


    :) Thank for that.
    I was clicking on the e-mail link only. The other links are working fine. I'll post a more diplomatic response when I've mulled over things.
    Sparks, I'm relieved about the Gunsafe issue . Please don't think I'm a luddite, in an ideal world I think all firearms owners should have a gunsafe installed but it should'nt be forced on us and if it were, we should get some major concessions in return.??
    Overall I think we should try and get the DOJ to see the issue of airgun use as a sport and hobby --not some dangerous pastime or the preserve of an elite.
    However I'm new to all of this and don't even own an airgun ! I think however we should be treated on a par with our E.U. cousins . What does everybody else think ?


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    recipio wrote:
    I'll post a more diplomatic response when I've mulled over things.
    Excellent. The more the better.
    Sparks, I'm relieved about the Gunsafe issue . Please don't think I'm a luddite, in an ideal world I think all firearms owners should have a gunsafe installed but it should'nt be forced on us and if it were, we should get some major concessions in return.??
    Well, to be honest, I had my safe before I had my rifles, so you can guess how I feel about having secure storage for a firearm (especially if there are others in the house, or if your rifles are worth €4000!).
    But note that the law won't say that you need a gunsafe, but that you'll need "secure storage", and it leaves it up to the local superintendent to define that. So for the majority of cases, yes, it'll be a gunsafe, but there's some wiggle room there for cases where it's an unorthodox but safe solution.
    Overall I think we should try and get the DOJ to see the issue of airgun use as a sport and hobby --not some dangerous pastime or the preserve of an elite.
    Not just airgun use!
    :)
    I think however we should be treated on a par with our E.U. cousins . What does everybody else think ?
    I don't know about everyone else, but I'd agree to a degree - in that in the EU, you do need a licence for many airguns - dependant on their muzzle energy (12 foot/pounds for air rifles in the UK, six for air pistols there, and seven joules for air rifles in Germany and so on). Something like that here (and I'd be thinking of the seven joules limit rather than the UK one), would be appropriate.

    Thing is that there have been a lot of cases here of kids abusing airguns, and while that doesn't mean they ought to be banned (I'm still of the opinion that it shouldn't be harder to get an air pistol than it is to get a car), it does mean you're looking at a difficult uphill negotiation, and there's this very widespread mindset unfortunately, which says it should be a battle instead of a negotiation. Which doesn't help matters much (and whose conclusion would be forgone given that there's 100,000 of "us" and 2,900,000 of "them"). I mean, I can fully understand where it came from, and it's not entirely unjustified, but when the people at the table act on it, we don't make much progress :(


  • Registered Users Posts: 2,804 ✭✭✭recipio


    :D well I've posted my views to the DOJ. Essentially I've politely suggested that sub 12ft/lbs rifles and 6 ft/lb pistols be taken off licence, that power levels above that be allowable on licence,that there is no justification for banning the hunting of small game/vermin with accurate airguns , that licences be processed every 5 years and that all this would pose no threat to anybody .Basically we are being punished for a tiny minority of idiots who would misuse airguns .No response yet !!


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    recipio wrote:
    No response yet !!
    I don't think we'll get individual responses, it's not usual for these kind of things. We could drop in a PQ to ask how many responses we've gotten or that kind of thing, but I doubt we'd get a detailed response to the submissions because:
    1) It'd take a while to draft one and they don't have that many staff; and
    2) Any response would be preempting any review process by giving the conclusions prior to the deliberation process.


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  • Registered Users Posts: 2,804 ✭✭✭recipio


    ;) Well, I did'nt expect to get an individual response, more an aknowledgement . Minister Mc.Dowell seems to have plenty on his plate at present .! Whats a "PQ " --public question ?
    Sparks wrote:
    I don't think we'll get individual responses, it's not usual for these kind of things. We could drop in a PQ to ask how many responses we've gotten or that kind of thing, but I doubt we'd get a detailed response to the submissions because:
    1) It'd take a while to draft one and they don't have that many staff; and
    2) Any response would be preempting any review process by giving the conclusions prior to the deliberation process.


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    recipio wrote:
    Well, I did'nt expect to get an individual response, more an aknowledgement.
    I must admit, it would have been nice to have gotten an acknowledgement.
    Whats a "PQ " --public question ?
    Parlimentary Question (see the other thread in the forum).


  • Registered Users Posts: 3,341 ✭✭✭Fallschirmjager


    well, for what its worth i sent my '9 yards' of recommendations...

    got a reply but it was from a guy on holidays!

    anyways...keep your fingers crossed


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    Good man Fall, the more the better.


  • Closed Accounts Posts: 96 ✭✭Aid the Blade


    i have read reports from american vietnam and gulf vets that the 5.56 was ineffective enven on enemy soliders at anything other than shor to medium range.it is a totally in adequate round for use on der for anything other than a "coup de grace" ie finishing shot


  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    That's somewhat off-topic Aid, not to mention incorrect - the .223 and 5.56 rounds have a certain degree of myth attached to them in the states among the guns-n-ammo crowd - so perhaps a new thread would be a better place for it?


  • Registered Users Posts: 3,057 ✭✭✭civdef


    Don't think this has been posted yet:
    Criminal Justice Bill 2004: Presentations. Wednesday, 23 February 2005

    JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN’S RIGHTS



    http://debates.oireachtas.ie/DDebate.aspx?F=JUJ20050223.xml&Node=H2&Page=3


  • Registered Users Posts: 3,057 ✭✭✭civdef


    Apparently the amendments were tabled by the Minister at the committee stage this week, theyre not online yet as far as I can see though.


  • Registered Users Posts: 381 ✭✭les45


    The Minutes are posted on the LINK as previously posted by CIV.


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  • Registered Users Posts: 40,055 ✭✭✭✭Sparks


    From the transcripts:
    Minister McDowell:
    I also propose to insert a new part in the Bill to deal with a series of provisions relating to the firearms Acts 1925 to 2000. The new provisions will concern the certification for possession, use and carriage of firearms and ammunition; allow the Minister for Justice, Equality and Law Reform to deem certain firearms as restricted and allow for an increase in fines and penalties relating to offences generally under the Firearms Acts; and the creation of mandatory minimum sentences for certain firearms offences, including some new offences concerning the modification of a firearm. I am thinking of sawn-off shotguns. The provisions will also introduce a right of appeal to the District Court from firearms decisions made by the Garda Síochána, a new power for the Commissioner to make guidelines or guidance notes for the uniform administration of the Act and a provision for the authorisation of rifle and pistol clubs and shooting ranges. It will also contain a provision allowing the Minister to make a scheme to provide for payment for certain surrendered firearms in limited circumstances. It will also make provision allowing for a period where firearms may be surrendered to members of the Garda Síochána.

    Deputy J. O’Keeffe:
    This is a good time to discuss firearms. I hope that, seven or eight years after it committed itself to do so, the republican movement will, at long last, get rid of its firearms and we will enter a new era.

    Serious issues also arise in the area of legally held firearms. The recent horrific case in County Kilkenny highlights the question as to who should be given firearms licences and whether provisions should be made for revocation, the establishment of an appeals system or, in certain circumstances, the submission of medical evidence. This returns us to a point made on several occasions, namely, whether the issue of how to deal with firearms should be dealt with separately. While I am aware the Minister is concerned that his days in office may be numbered and he may not have the opportunity to introduce much new legislation in the dying days of this Administration, I assure him that the Opposition would co-operate if a proposal were made to introduce a new firearms Bill to deal separately and comprehensively with the issues on which he touched.
    Deputy Costello:
    With regard to the firearms provisions, statistics show there is greater criminal possession and use of firearms than previously. It is one of the types of offences that has been increasing rapidly and it is important we deal with it, including in terms of the introduction of new offences concerning the modification of firearms. The Minister proposes a scheme to provide a payment for certain surrendered firearms. I did not think he would pay people to surrender their firearms and that there would be some kind of amnesty for doing so.

    There is a problem with certification for possession and carriage of firearms, which is a separate matter. People with legally held weapons for the purpose of gaming and shooting have a real difficulty with the inclusion of certification in the Criminal Justice Act whereas it was traditionally included in the Firearms Act 1925, which badly needs updating. It is a matter of a sporting rather than a criminal nature, and mixing the two up will certainly cause considerable problems. Does the Minister propose to abolish the Firearms Act as part of this process or will he to allow it to remain in place? Certainly, the gaming and shooting lobby will try to ensure that its members’ hobby is treated under the Firearms Act rather than the Criminal Justice Act.
    Deputy F. McGrath:
    I wish to ask the Minister a question on firearms and violent crime, although I do not know if he will have time to answer it. What is his up to date position on an amnesty? If we had an amnesty, we might get thousands of guns off the streets and out of communities. That might improve the situation.
    Senator Moylan:
    I welcome the Minister and acknowledge that many important points have been made by previous speakers. I welcome much of what the Minister said. However, I wish to comment on the firearms provisions and the proposal to amend the Firearms Act.

    I hope the Minister has had or is engaged in discussions with the NARGC, which is an important body, particularly in rural areas. Certain firearms will be restricted and I would welcome clarification from the Minister in that regard. It is proposed that a new offence will be created which concerns the modification of firearms. The Minister made specific reference to sawn-off shotguns and I agree with what he said. However, people who own firearms and take part in clay pigeon shooting - I include myself in this regard - often modify such firearms by changing chokes. I hope that common sense will prevail and that such modifications will not be punished under the legislation.

    There is a serious issue regarding the use of silencers on guns, of which I do not approve. I am aware that silencers are being used in certain locations where people are poaching and using dangerous rifles to shoot deer. That is an area the Minister might examine.

    Another area that merits further examination is gun safety. The NCT is designed to remove unsafe cars from the road. There are large numbers of very old and unsafe guns in the community, many of which are kept only because of their sentimental value. People should be afforded the opportunity to make such guns safe by removing the firing mechanism. The Garda could then be informed that people are still in possession of such guns, for which a nominal licence fee would be payable annually.

    The Minister referred to the provision of a payment for the surrender of firearms in certain circumstances. There are many guns being held illegally and some family members who are aware of this will cash in such weapons, thus preventing many potentially serious problems. I compliment the Minister on the Criminal Justice Bill in general and on certain sections in particular. I hope we will have the opportunity to discuss it in further detail at a later date.
    Deputy McDowell:
    As regards Senator Moylan’s point about firearms, we are in consultation with the bodies mentioned. I hope to bring them along with the process and to deal with all the issues he mentioned. It is not my intention to say that someone who modifies a firearm for a perfectly reasonable purpose commits an offence. However, a sawn-off shotgun is only there for one purpose. I have not heard of Olympic medals being handed out for a sawn-off shotgun event.


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