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Shooting Forum - Firearms licencing information


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Selling a moderator - legality ?

  • 10-12-2010 10:04pm
    #1
    BELOWaverageIQ
    Closed Accounts Posts: 703 ✭✭✭


    Hi all,
    I have a moderator for sale and have a serious offer on it, can someone tell me for sure does the transaction need to be done through a dealer or can it be done person to person ?

    Thanks in advance.


Comments

  • #2
    Cass
    Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭Cass


    Once the person has a license and the authorisation for a moderator on it then there is no reason why not.
    Forum Charter - Useful Information - Photo thread: Hardware - Ranges by County - Hunting Laws/Important threads - Upcoming Events - RFDs by County

    If you see a problem post use the report post function. Click on the three dots on the post, select "FLAG" & let a Moderator deal with it.

    Moderators - Cass otmmyboy2 , CatMod - Shamboc , Admins - Beasty , mickeroo



  • #3
    deerhunter1
    Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭deerhunter1


    BELOWaverageIQ wrote: »
    Hi all,
    I have a moderator for sale and have a serious offer on it, can someone tell me for sure does the transaction need to be done through a dealer or can it be done person to person ?

    Thanks in advance.

    I would not think it an issue to sell to anyone, no harm by itself, the onus would be on the person to have a permit to use it. No offence owning one, but offence using one without permission.


  • #4
    Cass
    Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭Cass


    Don't think so. I could be wrong, but a moderator is classed as a firearm hence the requirement for authorisation. As with a rifle/shotgun. Meaning you cannot own or possess one without authorisation.

    I'm assuming its like having a rifle or shotgun in your house. If checked by the Gardai and you hadn't got a license, but told him you don't use it you are still in possession of an unlicensed firearm.

    I don't really know. Another clear cut piece of legislation. :D
    Forum Charter - Useful Information - Photo thread: Hardware - Ranges by County - Hunting Laws/Important threads - Upcoming Events - RFDs by County

    If you see a problem post use the report post function. Click on the three dots on the post, select "FLAG" & let a Moderator deal with it.

    Moderators - Cass otmmyboy2 , CatMod - Shamboc , Admins - Beasty , mickeroo



  • #5
    deerhunter1
    Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭deerhunter1


    ezridax wrote: »
    Don't think so. I could be wrong, but a moderator is classed as a firearm hence the requirement for authorisation. As with a rifle/shotgun. Meaning you cannot own or possess one without authorisation.

    I'm assuming its like having a rifle or shotgun in your house. If checked by the Gardai and you hadn't got a license, but told him you don't use it you are still in possession of an unlicensed firearm.

    I don't really know. Another clear cut piece of legislation. :D

    It is not classed as a firearm but a component, not serial numbered so no need for a licence to sell or have in your possession. Like owning a car not illegal to own, but illegal to drive without relevant tax and insurance.


  • #6
    MACT1RE
    Closed Accounts Posts: 88 ✭✭MACT1RE


    deerhunter1 wrote: »
    It is not classed as a firearm but a component, not serial numbered so no need for a licence to sell or have in your possession. Like owning a car not illegal to own, but illegal to drive without relevant tax and insurance.

    Correct. The legal responsibility is on the buyer, not the seller, to have authorization to mount it on a firearm, if he intends to do so.


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  • #7
    Cass
    Moderators, Sports Moderators Posts: 28,697 Mod ✭✭✭✭Cass


    Incorrect.
    • Firstly all moderators are unrestricted as of SI 337/2009.
    • Secondly they are classed as firearms in their own right by the DOJ, as they are not necessary for the rifle to operate, hence they are not a constituent part.
    • Thirdly the onus is on both parties including the seller to ensure the buyer has the relevant authorisation to own, POSSESS and use a moderator.
    • Fourthly it is an offense for someone to pass on, sell, trade, transfer ownership of a moderator to another party that is no authorised to own, POSSESS, and use a moderator. As per Section 7, Firearms and offensive weapons act 1990.
    • Lastly auhorisation can be obtained by licensing the moderator along with your rifle or seperately b a letter from your local Superintendent.
    Forum Charter - Useful Information - Photo thread: Hardware - Ranges by County - Hunting Laws/Important threads - Upcoming Events - RFDs by County

    If you see a problem post use the report post function. Click on the three dots on the post, select "FLAG" & let a Moderator deal with it.

    Moderators - Cass otmmyboy2 , CatMod - Shamboc , Admins - Beasty , mickeroo



  • #8
    MACT1RE
    Closed Accounts Posts: 88 ✭✭MACT1RE


    ezridax wrote: »
    Incorrect.
    • Firstly all moderators are unrestricted as of SI 337/2009.
    • Secondly they are classed as firearms in their own right by the DOJ, as they are not necessary for the rifle to operate, hence they are not a constituent part.
    • Thirdly the onus is on both parties including the seller to ensure the buyer has the relevant authorisation to own, POSSESS and use a moderator.
    • Fourthly it is an offense for someone to pass on, sell, trade, transfer ownership of a moderator to another party that is no authorised to own, POSSESS, and use a moderator. As per Section 7, Firearms and offensive weapons act 1990.
    • Lastly auhorisation can be obtained by licensing the moderator along with your rifle or seperately b a letter from your local Superintendent.

    Good find, I stand corrected. Problem is most dealers I know will gladly sell you a mod stating you need authorization to use it and from the above it seems they should not be doing that!


  • #9
    deerhunter1
    Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭deerhunter1


    MACT1RE wrote: »
    Good find, I stand corrected. Problem is most dealers I know will gladly sell you a mod stating you need authorization to use it and from the above it seems they should not be doing that!

    yep plus one for you, a good find, looked for it myself and did not locate it


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