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convictions??

  • 02-09-2009 4:36pm
    #1
    Closed Accounts Posts: 2


    i have a conviction for drug dealing and assualt+crinimal damage

    would it be impossible for me to get a gun licence in ireland??


Comments

  • Registered Users, Registered Users 2 Posts: 1,954 ✭✭✭homerhop


    the odds are stacked against you I am afraid.


  • Closed Accounts Posts: 1,461 ✭✭✭foxshooter243


    walshy84 wrote: »
    i have a conviction for drug dealing and assualt+crinimal damage

    would it be impossible for me to get a gun licence in ireland??

    The short answer is no , its not impossible as I know of folks who have gun licences and have committed offences, but the best way to get an answer to this is to make an appointment to discuss the matter with a senior garda in your district, they will take into account various things like present behaviour , length of time from offences having took place etc.
    One case I know off was a fella who had been in quite a bit of bother in his youth, serious stuff mind you and having been a good boy for a good length of time and put his past behind him was told by the super that it was water under the bridge at this stage and granted his permits.
    Hope all goes well for you.:)


  • Registered Users, Registered Users 2 Posts: 53 ✭✭touchyie


    I would certainly hope so....


  • Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭Cass


    walshy84 wrote: »
    i have a conviction for drug dealing and assualt+crinimal damage

    would it be impossible for me to get a gun licence in ireland??

    You can apply but as foxshooter said its up to your Super and time between convictions. From the way you worded the OP "in ireland" it sounds as though you're from outside the country. If this is the case it will add to your list of things that may go against you or cause you problems.
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  • Closed Accounts Posts: 248 ✭✭thedragon


    If your not an Irish citizen and you have a criminal record like you have then forget it. Its rid of foreign criminals we want,the last thing we need is armed foreign criminals here. Its bad enough trying to deal with our own lot without adding to problem. No! you havent a hope.


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  • Registered Users, Registered Users 2 Posts: 3,070 ✭✭✭cavan shooter


    as all the lads have said........No, you are a disentitled person


  • Closed Accounts Posts: 2,296 ✭✭✭rowa


    is this a piss take / wind up ?


  • Closed Accounts Posts: 248 ✭✭thedragon


    rowa wrote: »
    is this a piss take / wind up ?

    I would say so!


  • Closed Accounts Posts: 4,612 ✭✭✭jwshooter


    i hope not , but " i heard " there is a lad down this way done time for paramilitary activities that has fire arm "licences" .


    hopefully this new licence will tighten things up .


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


    walshy84 wrote: »
    i have a conviction for drug dealing and assualt+crinimal damage
    would it be impossible for me to get a gun licence in ireland??
    Short answer, yes.
    Long answer, whether you can even apply depends on what specific Act you were convicted under and when the custodial sentence ended and whatever conditions you were bound to on parole, etc, etc, etc. However, that's just whether you're allowed to apply - in practise, even if you're allowed to apply, you'd still have to convince a Garda Superintendent that you would not pose a danger to the public or the peace if you held a firearm. And with a conviction for drug dealing and assault, that's exceptionally unlikely. As in winning the lotto three times in a row unlikely.


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


    He's also posted this here:
    i have 3 previous convictions 1 was assualt 1 was crinimal damage and 1 was for drug dealing and i am currently serving a suppended sentence for the drug dealing and will be until 2012, it all happened about 3 yeaes ago

    i am a tradesman for the past 8 years but because of the ressetion i am thinking or a job in security
    well i have a question for anybody who knows what they are talking about

    would i get a PSA licence with a history like that? confused.gifconfused.gifconfused.gif

    Put the two together and it's not a pretty picture. :eek:

    Hopefully it's a pisstake.


  • Closed Accounts Posts: 1,461 ✭✭✭foxshooter243


    jwshooter wrote: »
    i hope not , but " i heard " there is a lad down this way done time for paramilitary activities that has fire arm "licences" .


    hopefully this new licence will tighten things up .

    There are quite a few lads who were "involved" during the `troubles who are holding firearm certs, one lad I know has four firearms registered in northern ireland and has a reloading cert ,he served 5 years for membership! there is another lad in Donegal who robbed 65 thousand euro from a post office now holding a 223 and a shotgun , so to write of the OP is a bit premature if you are actually aware of what goes on out there.One explanation for ex paramillitarys getting certs that ive heard was that its part of the normalisation process as agreed in the good friday agreement.


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


    There are quite a few lads who were "involved" during the `troubles who are holding firearm certs, one lad I know has four firearms registered in northern ireland and has a reloading cert ,he served 5 years for membership! there is another lad in Donegal who robbed 65 thousand euro from a post office now holding a 223 and a shotgun , so to write of the OP is a bit premature if you are actually aware of what goes on out there.
    Well they'd have no problems with the 'competence' section anyway :D:D


  • Closed Accounts Posts: 1,461 ✭✭✭foxshooter243


    rrpc wrote: »
    Well they'd have no problems with the 'competence' section anyway :D:D

    Nice one!:pac::pac:


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


    Shame they're specifically disentitled under the Act...


  • Closed Accounts Posts: 1,461 ✭✭✭foxshooter243


    Sparks wrote: »
    Shame they're specifically disentitled under the Act...

    That may be the case sparks , but its not that way in practise.


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


    Didn't say it didn't happen fox.
    I just said it was specifically and explicitly illegal. (Assuming it's happened, of course, etc, etc)
    Sort of like a Super writing a permit for a fullbore moderator in the last few months; only slightly less forgivable.


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


    That's only in the act since 2006. It's possible the licences predate the passing into law of that section.


  • Closed Accounts Posts: 2,296 ✭✭✭rowa


    i know the law in the uk specified that someone convicted of a crime could apply for a cert after a period of 5 years or 7 years or something in that region if they had behaved in the mean time ,
    dunno what the law says about it here though.


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


    rrpc wrote: »
    That's only in the act since 2006. It's possible the licences predate the passing into law of that section.
    Here's section 8 as of 1990:
    (d) any person who has been sentenced by any court in the State to penal
    servitude or to imprisonment for any term which has not expired or has expired
    within five years previously for a crime in the course of which a firearm was
    used or a firearm or an imitation firearm was produced for the apparent
    purpose of intimidating any person or a threat to use a firearm against any
    person or property was made, and

    (e) any person who has been sentenced by any court in the State to penal
    servitude or to imprisonment for any term of not less than three
    months which has not expired or has expired within five years
    previously for a crime consisting of or including an assault on
    any person, and

    ( f ) any person who is subject to the supervision of the police, and

    ( g ) any person who is bound by a recognizance to keep the peace or be of
    good behaviour, a condition of which is that such person shall not have in his
    possession, or use, or carry any firearm or ammunition.
    I'd have to say anyone who was convicted for paramilitary offences would be covered by those one way or another.


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  • Closed Accounts Posts: 4,612 ✭✭✭jwshooter


    its a area as grey as the weather .


  • Closed Accounts Posts: 1,461 ✭✭✭foxshooter243


    jwshooter wrote: »
    its a area as grey as the weather .

    Id have to agree, there are a lot of considerations taken into account that are not for general consumption, like who has got really good clout with the garda and all that type of stuff, after all this is Ireland!-its never black and white:eek::D


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


    This is how it reads currently and it's a lot more specific. The earlier act that you quoted isn't as specific.
    8.—(1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—
    (a) any person under the age of sixteen years (1964 17), and
    (b) any person of intemperate habits, and
    (c) any person of unsound mind, and
    (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
    (f) any person not ordinarily resident in the State (except a person who is temporarily so resident) for a period of 6 months before applying for a firearm certificate. (2006 37)

    (2) Any person who is by virtue of this section disentitled to hold a firearm certificate shall also be disentitled to hold a permit under this Act in relation to any firearm or ammunition.
    The earlier section had a five year limitation, there's no such limitations in the 2006 act.

    So it could well have been possible before 2006, doesn't look likely afterwards.

    Edit: checked the parsing of the actual act and it's as I've laid it out above (New minor version of rollup created :D).

    So five year limitation still stands.


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


    It's not actually gray in the specific case of giving a licence to someone who's disentitled under section 8 lads. It's fairly fecking black and white there. And if such licences have been given out and the media came across proof of this, we'd find there wasn't much gray at all, except in the grayscale pictures of the Minister proclaiming that Something Must Be Done just before he signed an Order banning all firearms of all kinds...


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


    rrpc wrote: »
    The earlier act that you quoted isn't as specific.
    Oh come on! I quoted it because you said maybe the licences were issued prior to 2006! :D
    The earlier section had a five year limitation, there's no such limitations in the 2006 act.
    Er... actually... I think there is. But it's down once again to such obvious questions as "does that comma in subsection (d)(ii) after the word "firearm" denote the end of (ii) or just another clause in (ii).

    Gosh I love firearms legislation :rolleyes:


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


    Id have to agree, there are a lot of considerations taken into account that are not for general consumption, like who has got really good clout with the garda and all that type of stuff, after all this is Ireland!-its never black and white:eek::D
    It's always important to remember that if you demand black/white or yes/no answers it'll invariably be black and no ;)


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


    Sparks wrote: »
    Oh come on! I quoted it because you said maybe the licences were issued prior to 2006! :D
    Er... actually... I think there is. But it's down once again to such obvious questions as "does that comma in subsection (d)(ii) after the word "firearm" denote the end of (ii) or just another clause in (ii).

    Gosh I love firearms legislation :rolleyes:
    Notwithstanding the positioning of commas, it appears (or at least appeared) perfectly legal to issue a licence to someone prior to 2006 (providing the 5 year rule was applied). After 2006, I'll have to check how the act is actually laid out, but my instinct says no.

    And my instinct was wrong, see above....


  • Registered Users, Registered Users 2 Posts: 1,053 ✭✭✭BornToKill


    I reckon there is a five year limitation as follows:

    (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,


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


    BornToKill wrote: »
    I reckon there is a five year limitation as follows:

    (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,
    That's correct, I had parsed it differently in my rollup, but checked the original act and saw my mistake.

    Mass edits followed ;)


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  • Closed Accounts Posts: 97 ✭✭ferret man


    jwshooter wrote: »
    i hope not , but " i heard " there is a lad down this way done time for paramilitary activities that has fire arm "licences" .


    hopefully this new licence will tighten things up .


    a lot up this way have did time and now hold gun licences all the did was stand for what they were taught like and severed their time no need to ruin their lives after all they are not just criminals


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


    You know, I can't see this thread going anywhere good.
    And the OP's been answered, so thread closed.


This discussion has been closed.
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