opinion on the legal munbo jumbo on this

stevoman

so i got my side by side yesterday that i have been looking for this last while. i went into my local barricks yesterday and got the new registration form.

here's the thing. I already have a shotgun and .22 rifle. I am not going to keep my .22 rifle anymore and i am going to leave it into the dealer for sale effectivly taking out of my legal possesion (not the dealer i am buying shotgun from).

so instead of applying for a brand new license for the 2nd shotgun i was going to apply for a substitution for my .22 rifle for my new shotgun on a "like to like" basis. i know the .22 and shotgun are not the same gun but they are both "non restricted".

So i got this from the garda website under the garda commisions guidline for superintendents. what do you think????


ANNEX E: SUBSTITUTIONS, AND DISPOSAL OF FIREARMS
SUBSTITUTIONS AND ‘LIKE FOR LIKE’
When an application to substitute a firearm certificate is made – on the basis of ‘like for like’ – the process should be completed by the Garda Síochána in a reasonable time frame of approx. 14 days. This application will be made on the ordinary application form FCA1 and will not require a fee. In this situation, the applicant will not be required to undergo the entire application process again e.g. medical enquires, referees etc. It should be noted that approx two weeks following the issue of a substitute firearm certificate, the original firearm certificate will cease to be in force and should be destroyed by the holder.
When assessing a ‘like for like’ application, an issuing person should be satisfied that the applicant’s ‘Good Reason’ for possessing the firearm has not changed since the original grant of the certificate. For example, substituting a non restricted long firearm for another non restricted long firearm is allowable provided that the applicant does not intend shooting deer instead of say species that are destructive to farming or hunting activities. As stated, the ‘Good Reason’ must remain fundamentally the same as in the original grant.
NOTE: In the transition period (as outlined in chapter 1) all substitutions will require a new application to be made for a 3 year firearms certificate under the new legislation.

bunnybuster

I think like for like would mean a shotgun for a shotgun, otherwise i could swap my air rifle for a .308 rifle without going through the checks, cant see the gards doing that!

Cass

Don't think thats right stevo. Like for like refers to similar calibre and not to unrestricted for unrestricted. .22lr for a different make or model of .22lr is like for like. Fill out FCA1 with the details of the new shotgun. In section 3.4 (substitution) enter the details of your .22 then you will need to fill in FCA2 to cancel the .22 licence. Job done.

lordarpad

bunnybuster wrote: »

I think like for like would mean a shotgun for a shotgun, otherwise i could swap my air rifle for a .308 rifle without going through the checks, cant see the gards doing that!

nope:

from the law text quoted:

"For example, substituting a non restricted long firearm for another non restricted long firearm is allowable provided that the applicant does not intend shooting deer instead of say species that are destructive to farming or hunting activities"

that explicitly precludes swapping a .308 for an air rifle.

It wasn't me!

lordarpad wrote: »

nope:

from the law text quoted:

"For example, substituting a non restricted long firearm for another non restricted long firearm is allowable provided that the applicant does not intend shooting deer instead of say species that are destructive to farming or hunting activities"

that explicitly precludes swapping a .308 for an air rifle.

Actually, no, it wouldn't, specifically. For instance, should shooting wild boar become a viable pursuit here, and were a licence not required from NPWS, then it would be perfectly okay to swap the air rifle for a .308. As is, you could swap it for a .223 or anything else not requiring the NPWS permit. Or if one were target shooting, you could swap it out legally.

Mellor

No swap in my opinion

fat-tony

stevoman wrote: »

NOTE: In the transition period (as outlined in chapter 1) all substitutions will require a new application to be made for a 3 year firearms certificate under the new legislation.

See the bit I quoted from your original posting. No substitutions allowed during the transition period:(
The substitutions "tick box" on the FCA1 form is only for firearms already licensed under the new system.

mark12ga

fat-tony wrote: »

See the bit I quoted from your original posting. No substitutions allowed during the transition period:(
The substitutions "tick box" on the FCA1 form is only for firearms already licensed under the new system.

:mad: ive just subbed a single barrel for a semi auto the dealer said it was only a matter of stamping the new gun no on to my exsiting licence and only take 2mins at the barracks at the barracks i was told i had to fill out all the sections did that handed it in still waiting and that was a month ago also can someone clarify where it says on your exsisting licence {condition b]the holder of this certificate holds a certificate in respect of an other shotgun ,would this mean i could with permission use a shotgun belonging to a mate would my licence cover me to use his gun some lads say it does otherssay it doesnt help!!!ive yet to get out for duck

deerhunter1

mark12ga wrote: »

:mad: ive just subbed a single barrel for a semi auto the dealer said it was only a matter of stamping the new gun no on to my exsiting licence and only take 2mins at the barracks at the barracks i was told i had to fill out all the sections did that handed it in still waiting and that was a month ago also can someone clarify where it says on your exsisting licence {condition b]the holder of this certificate holds a certificate in respect of an other shotgun ,would this mean i could with permission use a shotgun belonging to a mate would my licence cover me to use his gun some lads say it does otherssay it doesnt help!!!ive yet to get out for duck

Absoloutley not

deerhunter1

bunnybuster wrote: »

I think like for like would mean a shotgun for a shotgun, otherwise i could swap my air rifle for a .308 rifle without going through the checks, cant see the gards doing that!

Correct

mark12ga

deerhunter1 wrote: »

Absoloutley not

thanks for clearing that up , il sit it out and wait til the paper work comes back hopefully this side of xmas?!!!:(