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How far from the road?
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03-04-2008 6:07pm#1
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This has been brought up on this forum a number of times. AFAIK, there is no distance specified in any law in this country. None, nada, zilch.
To prove me wrong, you must provide the full statute law here, either quoted or linked to the Irish statute book.
Gauntlet thrown, anyone picking iit up?
Forgot to mention, if you can prove it I'll give a thank you to each of your next ten posts. 0 -
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This has been brought up on this forum a number of times. AFAIK, there is no distance specified in any law in this country. None, nada, zilch.
To prove me wrong, you must provide the full statute law here, either quoted or linked to the Irish statute book.
Gauntlet thrown, anyone picking iit up?
Forgot to mention, if you can prove it I'll give a thank you to each of your next ten posts.
Don't have time at the moment to check the act.
N.A.R.G.C. publication
see number 16
THE FIREARMS ACTS 1925 - 2006, THE LICENCE HOLDER AND THE GARDAI.
Wednesday, 26 July 2006 THE MOST FREQUENTLY ASKED QUESTIONS Know your rights – know your obligations.
1. What do I have to do to get a firearm licence?
You apply at your local Garda Station. You must satisfy certain basic requirements under Section 4 of the Firearms Act 1925 which are:-
a) that you can demonstrate a good reason for requiring the firearm;
b) that you are a person who can have a firearm without posing a danger to public safety or the peace,
c) that you are not a disentitled person under Section 8 of the Act,
d) that you have a secure place to store the firearm and ammunition.
2. Who decides on my application?
The Garda Superintendent of the District where you reside is the person appointed by law to consider and decide on your application for a firearms licence. He cannot delegate this function to a lower rank. However, a Garda Inspector, while acting as a Superintendent (e.g. while the Superintendent is away, ill etc.) has authority to decide on firearms licence applications. A Garda Sergeant, if authorised by a Superintendent, can renew firearms licences. However, a Sergeant’s authority extends only to renewal. It does not extend to him/her issuing a refusal. The Garda Commissioner shall determine applications for certain restricted categories of firearms.
3. Can a Garda at the front desk in the Garda Station refuse to accept my application?
The answer to this question is a definite NO! The Garda receiving your application has no function or authority other than to facilitate your application and pass it on to the Superintendent for decision.
4. Can the Gardai require me to undertake any actions in support of my application or set any conditions?
The Gardai may lawfully require you to satisfy them for example, that you have somewhere to use the gun. This goes to the heart of a) in paragraph 1 of this pamphlet. In fact it would be lawful for the Superintendent to seek to satisfy him/her self on any matter affecting the basic requirements in paragraph 1. However, it is unlawful for the Superintendent to set conditions or make requirements of an applicant which are not provided for in the Act or which are for the purposes of frustrating an application. The Superintendent shall require an applicant to demonstrate that he/she has secure storage facilities for the firearm. Where a Superintendent has particular grounds for concern about the mental or physical capacity of an applicant which could affect the safe use of a firearm, he/she may require an applicant to give written permission for the Superintendent to consult with the applicant’s medical/psychiatric practitioner.
5. What rights do I have if such requirements/conditions are made affecting my application?
Always seek any requirements in writing. You are entitled to it. After all, would the Gardai accept a verbal firearms licence application? Of course not! Forward any such request or conditions to the NARGC Head Office for advice. However, please note the rights of a Superintendent as set out in the previous paragraph.
6. Do the Gardai check up on me?
Yes, a check is made on your background to see if there is anything which might give the Gardai a concern about you as a firearms licence holder. For example, it would reasonably concern the Gardai if you were friendly with criminals, even if you have never committed a crime yourself. Likewise, it would also concern the Gardai if one of your family is a criminal and you are living with that person while seeking to possess a firearm.
7. What is a disentitled person?
A disentitled person is someone who is of unsound mind, or is given to intemperate habits (e.g. always drunk and maybe getting into trouble or fights) or has committed certain criminal offences or, is a person who is under 16 years of age. A disentitled person may not hold a firearm under any circumstances.
8. What is the minimum age to get a firearms licence and is there a maximum age?
The minimum age prescribed by law at present is 16 years. It is absolutely unlawful for Gardai to tell persons who have reached the age of 16 years to come back when they are 18 or even 21. There is no maximum age. A special training licence for people from the age of 14 years may be granted by the Minister for Justice. The written permission of the applicant’s parents is required. This training licence allows the holder to use a firearm while under the instruction of a full licence holder who is not les than 21 years, using the firearm licensed to the instructing party. The training licence does not authorise the holder to possess a firearm or ammunition.
9. How long does a licence last for until it has to be renewed?
The licence lasts for three years after which it must be renewed.
10. How long should it take to get a decision on my application?
Three months is the length of time prescribed by law as being the maximum period. A decision must be rendered within that period. However, this period will be extended by the length of time it might take to provide any back-up information required. In short, the clock starts ticking when all data relating to the application is submitted. This means that all applicants should get a dated receipt from the Garda station when handing in the application so as to avoid the possibility of any dispute arising over the legal timeframe. Where additional information is provided at the request of the Superintendent, an additional receipt should be sought for this.
11. Are there restrictions on the calibres of firearms which can be licensed?
No. The Firearms Act places no restriction on the calibre of firearm. Of course in the context of calibres or any other characteristic of a firearm, the applicant must satisfy the Superintendent in relation to Section 4(a) of the Act previously mentioned in paragraph 1 in that the Superintendent must be satisfied that the applicant has a good reason for having the particular firearm. Whereas the Act itself does not restrict any firearm, it does grant authority to the Minister for Justice to declare certain types or categories of firearms to be restricted. An application for a restricted firearm certificate must be made to the Garda Commissioner.
12. Is there a fee and how much is it?
At the time of compiling this pamphlet, the fee for an unlimited shotgun licence (one which allows you to shoot game in season) is €25 while a rifle or handgun is €38. For a second or limited shotgun licence (one with which you cannot shoot game – only pest species and clay pigeon shooting) the fee is €6. A second rifle or handgun licence is still €38. The training licence fee has yet to be set.
13. What are my rights if I am refused a licence?
You are entitled as a matter of law to be given a full explanation of the reasons for the refusal and to have those reasons in writing. Chapter 40 of the Garda Guide also states: “The Superintendent’s reasons or refusing to grant a firearms certificate should be made known to the person concerned at the time of such refusal”. It further states “The amount of detail given may vary from case to case depending on the particular circumstances but it should never be so meagre as to leave the person concerned in a situation not knowing why the Superintendent has formed this view…”.
14. Can I challenge or appeal a refusal?
An appeal against a decision of a Superintendent to refuse to grant a firearms certificate may be made to the District Court. If you are an NARGC club member, the Association will consider taking the challenge for you and the risk on costs, depending on the details of the case.
15. Having gotten my firearms certificate, what does it entitle me to do with the firearm?
Your certificate entitles you to possess, use and carry your firearm, the ammunition for it and their component parts. You may discharge your firearm for the purposes for which it was acquired e.g. game hunting, pest control, clay pigeon shooting, target shooting etc. The unlimited licence entitles you to engage in all of these activities whereas the limited shotgun licence restricts the holder to pest control and clay pigeon shooting only.
16. Are there restrictions in using my firearm?
Yes, there are restrictions. You may not discharge a firearm in or from a public place e.g. a road or public park etc. You may not discharge a firearm within 60ft of a road or dwelling. Irrespective of where you are, you may not discharge a firearm in a manner which could cause injury to other people or to livestock or could cause damage to property or which in any event could be regarded as reckless or irresponsible.
17. Where can I carry my firearm?
Your firearms licence entitles you, among other things, to carry your firearm and no restriction on this is imposed by the Act. This however does not mean that commonsense should go out the window. Carrying your firearm in a place or manner which might give rise to concern by the public or the Gardai should be avoided. It simply makes sense. For example, it would be foolhardy in the extreme to carry your firearm without it being in a case down O’Connell Street in Dublin or the main thoroughfare of any town or city. It simply wouldn’t be acceptable. But the same concern could not legitimately arise in the countryside where you may have to walk along a road to get from one hunting area to another or to return to your vehicle. As a matter of law, your firearms certificate entitles you to carry your gun in such circumstances on the public road. This is not a concession, it is an entitlement!
18. Do I have to have insurance?
The common sense of having shooting insurance is beyond argument. Indeed, it could reasonably be argued that to go shooting without it, would be irresponsible or even reckless. That said, there is no legal obligation to have such insurance and it cannot be made a condition of granting your firearms licence.
19. If using a range, does it have to be a range which is authorised by the Gardai?
Under the 2006 amendments to the Firearms Acts, target shooting clubs and ranges are required to be authorised. Applications for authorisation must be made to the Garda Commissioner. An application for range authorisation must be accompanied by a Firearms Range Certificate. Decisions on applications for range or club authorisation shall be delivered within three months from the date of application. The Commissioner may attach conditions to a range authorisation. The authorisation will remain in force for a period of five years. Renewal of the authorisation can be made three months before the expiry date. The Commissioner will establish a register of authorised clubs and ranges. The Minister for Justice will appoint Range Inspectors.
20. Can the Superintendent attach conditions to my licence?
A Superintendent may attach reasonable conditions to the grant of a firearms licence. A Superintendent of an Garda Siochana may not attach conditions to a firearms licence which would be excessively onerous or would have the effect of rendering the intended use of the firearm impossible. Any conditions should be endorsed on the licence itself.
21. Can the Gardai request that I bring my firearm to the Garda Station to be checked at licence renewal time?
Yes, the Gardai are perfectly within their rights to periodically check that the details of any firearm held by a private citizen are in accordance with the licence issued and that no firearm has been changed since the last licensing period without the proper procedures being followed. Also, a member of the Gardai may inspect any firearm at any time or place.
22. Are there any procedures to be followed if I am asked to bring my firearm to the local Garda Station for checking?
There are no statutory procedures, just common sense. Make a positive appointment with the Garda who will carry out the inspection. Do not arrive at the Station unannounced. Do not leave your gun at the Station if the inspecting Garda is not on duty. Bring your gun in a case and insist that any inspection is done away from the public gaze e.g. away from the front office desk. You have no control over who will enter the Station while your gun is being inspected and this could expose your ownership of a gun to someone who you, or even the Gardai, would not wish to have such information. In one case, while an NARGC member was having his gun checked in the Station’s public office, a well known local criminal arrived to sign on as a condition of his bail! You are entitled to protection from exposure to such circumstances and don’t be afraid to insist on arrangements which protect your security and that of your family.
23. Once issued, can my firearms licence be taken from me?
Yes, it can if any of your circumstances as apply in Section 4 of the Firearms Act as set out in paragraph 1 have changed for the worse. In circumstances where a Garda Superintendent has grounds for believing there has been such a significant change, he is entitled under Section 5 of the Act to revoke your licence. The grounds for revocation must be set out. Revocation can be appealed to the District Court..
24. Do I have unspecified obligations and responsibilities?
All firearms licence holders owe a serious duty of care to themselves, to their shooting colleagues, to farmers and other landowners and to the wider general public. That duty places an onus on licence holders to take all reasonable care in how they use their firearms and in how they store their firearms and ammunition. They also have a duty not to carelessly expose their firearms to risk of theft. These are self evident responsibilities of firearms ownership. Remember, in using your firearm you must behave in a manner so as not to be a cause of danger to others and so as not give rise to concern by others.0 -
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9. How long does a licence last for until it has to be renewed?
The licence lasts for three years after which it must be renewed.
Given point number 9, I'd be inclined to take the 'pinch of salt' approach to this information. I'm with RRPC on this. You obviously dont want to p1ss off the locals, so get to know the area and who lives there (e.g. Dont be shooting outside Irish Hunt Saboteurs HQ) 0 -
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