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Garda responses to Solicitors

  • 06-11-2008 5:52am
    #1
    Closed Accounts Posts: 103 ✭✭


    Well Im here visiting again for a few week's and was wondering if there are Solicitors here who have any real experience in dealing with the Gardai in firearms cases, appeals specifically.

    They never replaced or ammended my certificate after the theft back in May, and the Super here also refuses to acknowledge registered mail that I have sent him.

    While I'm here for a few week's maybe I can get him to at least acknowledge that I exist.


Comments

  • Closed Accounts Posts: 9,244 ✭✭✭rrpc


    ironsight wrote: »
    Well Im here visiting again for a few week's and was wondering if there are Solicitors here who have any real experience in dealing with the Gardai in firearms cases, appeals specifically.

    They never replaced or ammended my certificate after the theft back in May, and the Super here also refuses to acknowledge registered mail that I have sent him.

    While I'm here for a few week's maybe I can get him to at least acknowledge that I exist.

    Unless you've actually been refused, you've nothing to appeal. You need to get a refusal in writing for grounds to appeal to the district court.


  • Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    ironsight wrote: »
    Well Im here visiting again for a few week's and was wondering if there are Solicitors here who have any real experience in dealing with the Gardai in firearms cases, appeals specifically.

    They never replaced or ammended my certificate after the theft back in May, and the Super here also refuses to acknowledge registered mail that I have sent him.

    While I'm here for a few week's maybe I can get him to at least acknowledge that I exist.

    You might get a better reply in the Legal Discussion Forum. Lot of posters in the knowledge there that may know of such a solicitor firm.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    rrpc wrote: »
    Unless you've actually been refused, you've nothing to appeal. You need to get a refusal in writing for grounds to appeal to the district court.
    Unless it's been 3 months since the application was lodged, in which case you're deemed to have been notified of your refusal under Section 15A(5):
    (5) For the purposes of this section—
    (a) an issuing person—
    (i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and
    (ii) who does not so decide,
    is deemed to have decided to refuse togrant the application,
    (b) the applicant is deemed to have received notice of the decision on the expiration of that period, and
    (c) as the case may be, section 3(10) does not apply in relation to the application.


  • Registered Users, Registered Users 2 Posts: 2,374 ✭✭✭J.R.


    ironsight wrote: »
    Well Im here visiting again for a few week's and was wondering if there are Solicitors here who have any real experience in dealing with the Gardai in firearms cases, appeals specifically.

    They never replaced or ammended my certificate after the theft back in May, and the Super here also refuses to acknowledge registered mail that I have sent him.

    While I'm here for a few week's maybe I can get him to at least acknowledge that I exist.

    Are you a member of N.A.R.G.C.?..........is so ask them to check it out.


  • Closed Accounts Posts: 137 ✭✭BOBTHESHOOTER


    ironsight wrote: »
    Well Im here visiting again for a few week's and was wondering if there are Solicitors here who have any real experience in dealing with the Gardai in firearms cases, appeals specifically.

    They never replaced or ammended my certificate after the theft back in May, and the Super here also refuses to acknowledge registered mail that I have sent him.

    While I'm here for a few week's maybe I can get him to at least acknowledge that I exist.

    From your post it is clear that your firearm or firearms were stolen, yes. Depending on the circumstances of the theft will in most cases determine how the Gardai wil respond to your request to replace the particular firearm.

    In my experience if you can show that you did all possible to ensure that the firearm was not accessable or indeed that a vital component was missing when it was stolen, then this make the road to repalcement a lot easier.

    If for example you left a gun on the back seat of an unattended car then I do not expect much sympathy from the Gardai and indeed I would expect that they would make life particularily difficult for you in repalceing te firearm.

    Unfortunately on the other hand human nature and other experiences with the Gardai have shown that some individuals who have lost firearms where they have done everything possible to avoid the theft have been victimised.

    You are either one or the other!

    Legally you are in an awkward position, your cert has not been revoked therfore you cannot appeal to the district court, equally you have not been refused a cserificate so yet again you cannot appeal to the court, they have simply failed to amend your current cert to reflect the purchase of a new gun if that is the case.

    More information is needed concenring the circumstances of the loss of the firearm to get the best advice!!!!


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  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The OP would probably be best to make a fresh PC 20 application and wait the 3 months.


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