Have Criminal Conviction

claybuster

when i was young and foolish in 1988 i got a criminal coviction would that disentitled me from holding a firearm cert for a o/u shotgun,I regulary shoot.30yrs or so ,clays ,game, vermin with my friends and my father who hold certs, I would appreciate your views and advice

Sparks

Under the Firearms Act 2006, section 8:

8.—(1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—
...
(d) any person who has been sentenced to imprisonment for—
(i) an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, or
(ii) an offence under the law of another state involving the production or use of a firearm, and the sentence has not expired or it expired within the previous 5 years,
(e) any person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry any firearm or ammunition, and ...

So basicly, if your conviction was under the Firearms Acts, the Offences Against the State Acts or the Criminal Justice (Terrorist Offences) Act, you can't be granted a firearms licence, nor if you're still bound over to not possess one. If it wasn't for such a conviction, and any custodial sentence involved was completed more than five years ago, you are permitted to hold a firearms licence - but as to whether or not one is granted, that may be a different story because in the end, it does come down to the discretion of the superintendent granting the certificate.

Can I just add a note to this thread that it treads near some rather unpleasant areas of things like libel law, so can people please consider their comments carefully? We'll be keeping a close eye on this one.

.243

can i ask what was it because it depends on the charge i have a little knowledge in the area,pm me if you dont want to broadcast it here

claybuster

Thanks Sparks for your prompt reply, it seems i should be entitled under the Firearms Act to hold a certificate, but as you said (its up to the super)!! Can't i under the new act appeal a decision if i am refused? If it was an issue that I was refused, could my arguement be that i am being punished twice for something that happened 18 years ago and was my first and only conviction...
Bearing in mind that when i was convicted in my eyes i was only a child!There has to be some hope for me considering I have since changed my life to become a father, husband, and have my own company????

Kramer

If it was a minor offence & given it's so long ago, I reckon you'll be OK.

All you can do is apply anyway & see how you get on. If you're refused, there's the option of a district court appeal.

Best of luck with it .

Sparks

As Kramer said, if it was a minor offence you're probably okay given the elapsed time.

On one point though:

it seems i should be entitled under the Firearms Act to hold a certificate

Er, no. No-one, regardless of criminal record or lack thereof, is entitled to a firearms certificate. From the Firearms Act, section 4, part 2:

The conditions subject to which a firearm certificate may be granted are that...

In other words, in order for the superintendent (or the Commissioner or the Minister) to grant a licence, the mandatory conditions in section four must be met; but that is a completely different kettle of fish to the idea that if you meet all the conditions in section four that you are entitled to a certificate.

claybuster

Hopefully I wont have to take the super to the district court,its an aveune
I dont really wont to go down,but i will if refused is there any solicitors
that you could recommend,Last year I sent an email to Des Crofton of the NARGC explaining my case and he replied saying I should wait till now(new firearms act implemented, district court)if not my only recourse would be the high court,and would cost me €100000,if I WANTED to go that road, how much would the district court cost?????and is the decision final,hopefully it wont come to the courts i just want to enjoy the sport and know my rights

maglite

join a club

their representitive body might cover the leagal side of things

claybuster

I am in the process of joining a club that I have number of friends in I also have a number of farmers permissions,I wouldnt like to impose on a club especially being a new member

maglite

you pay enough it should not be an imposition

claybuster

I will apply for cert and see what comes of it,do the garda have to give me
an answer within a specified time now???

maglite

3 months

Sparks

No, not yet. The part of the CJA which says a reply must be given in 3 months hasn't been commenced yet. Also, there's an out once it has been commenced (due to happen later this year) - if the Superintendent does not contact you at all for those three months, you are deemed to have been contacted and notified of having been refused a licence.

claybuster

Has the district court appeals ,commenced,??Does anyone know of any such
cases or their outcomes, will you be given a fair chance what power has
the jugde,????? .ps happy new year to everybody safe shooting