question on section 30

garyc007

hi.i was stopped the other day by gardai,checked the usual tax insurance etc. there was a half box of shotgun cartriges on the ground in the back of the car belonging to my and the guard said he was going on about section 30 of the criminal justice act i think it was. i dont really know whats happening as i told him they beloned to a friend but he said i shouldnt have them as i didnt have a licence and he really made a big deal of it. i am now left not knowing if i am been charged with something or not, any help or advise is appreciated,thanks

pirelli

garyc007 wrote: »

hi.i was stopped the other day by gardai,checked the usual tax insurance etc. there was a half box of shotgun cartriges on the ground in the back of the car belonging to my and the guard said he was going on about section 30 of the criminal justice act i think it was. i dont really know whats happening as i told him they beloned to a friend but he said i shouldnt have them as i didnt have a licence and he really made a big deal of it. i am now left not knowing if i am been charged with something or not, any help or advise is appreciated,thanks

Section 30 Offences against the state act. If they didn't arrest you then you shouldn't worry about it, it is usually something to be concerned about if you are arrested.

http://www.citizensinformation.ie/categories/justice/arrests/arrests

http://www.irishstatutebook.ie/1939/en/act/pub/0013/sec0030.html#zza13y1939s30

You must be told why you are being arrested, for example, because you are suspected of having stolen goods. However, if you are arrested under Section 30 of the Offences Against the State Act 1939, you do not have to be told exactly why you are being arrested, you need only be told that you are being arrested under that section.

This is most likely why your confused.

Bosco boy

The garda was correct in what he did, he was sharp in spotting them in the first place. Once he saw them and you did not have a firearms licence he was entitled to search both you and the car under Sec 30 OASA. I presumed he seized the items. He should have taken your details and cautioned you "you are not oblig......". I expect he will investigate it, Did you consider what could happen if you had an accident and your car went on fiire and these shotgun cartridges were lying around in the car, I think the people trying to help you might have somethink to worry about that they didnt expect. you could possibly be charged with an offence under the firearms act, Your friend with the firearm could also have his gun seized and licence revoked for being careless with ammo.

Victor

Bosco boy wrote: »

Did you consider what could happen if you had an accident and your car went on fiire and these shotgun cartridges were lying around in the car

Burning shotgun cartridges will only likely cause a more intense fire as they will burn rather than explode. For other rounds the danger is from flying casings, not the bullets. They are only truly dangerous if ignited in a confined space like the breach of a gun.

However, leaving live ammunition lying around is not good.

Locust

They are truly dangerous as they are and should be treated so at all times.

I would argue that as mentioned in a car crash scenario one car slamming into another mangling metal together could easily cause dagerous inigiton of a box of cartridges. They could also be scattered around the car or thrown forcefully off something, the car could be on fire or friction could set a cartridge off - and while yes it may not go off like a bullet - it still contains gun powder and primer which i would not want 'burning faster' anywhere near me in a car filled with fuel in a wreck.
I see what your saying but thats not good enough for law, bottom line is they should be securedly stowed and with a license holder.

Cunsiderthis

Locust wrote: »

I would argue that as mentioned in a car crash scenario one car slamming into another mangling metal together could easily cause dagerous inigiton of a box of cartridges.

Oh really! In the whole history of the world, I have never heard of a case where a car crash caused a box of cartridges to explode. And many people carry cartridges in their car for obvious reasons. Talk about nanny-like alramism

That you would argue that means that you might also argue that, if someone has a stick on the back seat of a car which was used to throw for a dog, and in a car crash scenario one car slamming into another mangling metal together could easily cause the stick to go into someone's eye.

Delancey

Cunsiderthis wrote: »

Oh really! In the whole history of the world, I have never heard of a case where a car crash caused a box of cartridges to explode. And many people carry cartridges in their car for obvious reasons. Talk about nanny-like alramism

That you would argue that means that you might also argue that, if someone has a stick on the back seat of a car which was used to throw for a dog, and in a car crash scenario one car slamming into another mangling metal together could easily cause the stick to go into someone's eye.

With you 100% , sure they might have gone off and scared the swans ( who can break a mans arm did you know ? ) and then the swans might have crapped into a childs eye and the child may be blind forever. :rolleyes:

Get a grip guys

dermot_sheehan

You should talk to your solicitor. If you are summonsed and convicted of this it is very serious

You were in unauthorised possession of a firearm (the definition includes ammunition),

It's 12months maximum and €2,500 fine in the District Court.

A firearms offence is a special type of criminal offence in that the government has declared it to be a scheduled offence under the offences against the state act 1939.

S. 30 of that allows a garda to search someone if they have suspicion theyve committed a scheduled offence.