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appealing licence

  • 07-12-2011 10:51am
    #1
    Registered Users, Registered Users 2 Posts: 671 ✭✭✭


    i applied for a licence for a .308 at the end of august, i sold one gun so i wouldn't go over 3, i applied for and got a deer licence, and included land owners permission with my application. the local firearms office processed my application and recommended it (i was talking to him this morning). yesterday i got a letter saying my application has be denied due to no good reason for having the gun.

    i will be talking to the super tomorrow, anyone know if i have a chance of getting it or what i should do now. i intend to appeal to the district court if nessasary.


Comments

  • Closed Accounts Posts: 8,590 ✭✭✭Tackleberrywho


    i applied for a licence for a .308 at the end of august, i sold one gun so i wouldn't go over 3, i applied for and got a deer licence, and included land owners permission with my application. the local firearms office processed my application and recommended it (i was talking to him this morning). yesterday i got a letter saying my application has be denied due to no good reason for having the gun.

    i will be talking to the super tomorrow, anyone know if i have a chance of getting it or what i should do now. i intend to appeal to the district court if nessasary.

    Did you get the stalking Licence?


  • Registered Users, Registered Users 2 Posts: 11,393 ✭✭✭✭Vegeta


    What are the other 2 firearms? Is one of them a rifle capable of taking deer?

    At least you have a letter stating the reason in writing, that's good to have if things don't get sorted.

    My advice would be to remain calm and think of court as a last resort. Listen to the Super first, let him do the talking and hear his reason as explained in his own words.

    "Good reason" is quite broad. Maybe he believes .308 is too much gun for deer hunting. Maybe he thinks deer hunting is not a good reason to grant a license. If the rifle is semi auto (for the sake of argument) then maybe he believes that deer hunting is not a valid reason to license a semi auto centre-fire rifle.

    You need to hear exactly what the issue is from the horses mouth. You can't really make a counter argument until you understand his position fully. So ask him or let him explain that first

    I suppose some general things to point out are:
    • .308 is a common deer hunting calibre
    • ~4000 people have firearms licenses on the back of deer hunting as their good reason.


  • Registered Users, Registered Users 2 Posts: 11,393 ✭✭✭✭Vegeta


    Did you get the stalking Licence?
    i applied for and got a deer licence
    .


  • Closed Accounts Posts: 8,590 ✭✭✭Tackleberrywho


    Vegeta wrote: »
    .

    Then it was a Clerical Error.

    Did the OP have the permit from NPWS when applying, I doubt it.


    Just go in, produce Deer Licence, problem sorted me thinks.


  • Registered Users, Registered Users 2 Posts: 1,271 ✭✭✭.243



    Did the OP have the permit from NPWS when applying, I doubt it.

    read the op first post more slowly and youll find he does have one and included it in the application,

    feidhlim id totally agree with vegeta on this,let him do all the talkin and take it from there


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  • Registered Users, Registered Users 2 Posts: 1,076 ✭✭✭gunhappy_ie


    i applied for a licence for a .308 at the end of august, i sold one gun so i wouldn't go over 3, i applied for and got a deer licence, and included land owners permission with my application. the local firearms office processed my application and recommended it (i was talking to him this morning). yesterday i got a letter saying my application has be denied due to no good reason for having the gun.

    i will be talking to the super tomorrow, anyone know if i have a chance of getting it or what i should do now. i intend to appeal to the district court if nessasary.


    What firearms do you already have and what did you sell ?


  • Closed Accounts Posts: 8,590 ✭✭✭Tackleberrywho


    .243 wrote: »
    read the op first post more slowly and youll find he does have one and included it in the application,

    feidhlim id totally agree with vegeta on this,let him do all the talkin and take it from there

    Did the OP state his Deer Permit was" issued" before he applied for Firearms licence.........

    Think about it......
    Then go back to my previous post regarding clerical error...........


  • Registered Users, Registered Users 2 Posts: 1,271 ✭✭✭.243


    Did the OP state his Deer Permit was" issued" before he applied for Firearms licence.........

    of course it was issued,if it wasnt why did he state in the first post that he included it in his application for the firearm


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


    Vegeta wrote: »
    My advice would be to remain calm and think of court as a last resort. Listen to the Super first, let him do the talking and hear his reason as explained in his own words.
    Best advice you'll get all day, right there.

    Being able to go to court is a damn sight better than not, but that's like saying that it's better to just lose three fingers rather than the whole hand - true, but not the full picture :D

    For a start, you're not guaranteed anything. The courts are an adversarial system; the outcome can depend on what judge you get, what time of day it is, who was in before you, whether or not your solicitor is having an off day, or any number of utterly unrelated factors.

    Then there's the cost. Yes, you could represent yourself and do it very cheaply... but you'd be a fool to do so. Which means hiring a solicitor, which isn't cheap. And even if you win and costs are awarded, that does not mean that you aren't out of pocket. Your solicitor will provide you with what's called a section 68 letter, which will lay out what you have to pay them, and it will probably state that you have to pay a set amount even if you win. And if you went to the High Court, the taxing master there will take a chunk of the costs awarded as well.

    So basicly, while it's good to have the option and in certain cases it may be the only route that will work, you do not want to go down that road unless you have to do so.

    Talk to the Super. For all you know, it may be a simple mixup.


  • Registered Users, Registered Users 2 Posts: 671 ✭✭✭Feidhlim Dignan


    i have a 12G and .223 rem, i got rid of my .22 sold it in gun dealers.
    the rifle in question is a cz 550 bolt action


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  • Registered Users, Registered Users 2 Posts: 13,034 ✭✭✭✭It wasn't me!


    Shouldn't be any hassle. Deer shooting with a .308 is a demonstrable good reason, since you don't have any other firearm up to the task. Can't see the problem. I'd look to get a chat with the super and hear them out before saying anything yourself.


  • Registered Users, Registered Users 2 Posts: 1,271 ✭✭✭.243


    i have a 12G and .223 rem, i got rid of my .22 sold it in gun dealers.
    the rifle in question is a cz 550 bolt action

    the conflict might be with the .223 as then you would have to centrefire rifles but you will already know how to put that case forward to the super as to what purpose you need the .223 for


  • Closed Accounts Posts: 8,590 ✭✭✭Tackleberrywho


    i have a 12G and .223 rem, i got rid of my .22 sold it in gun dealers.
    the rifle in question is a cz 550 bolt action

    Have you Physically shown your Current Deer hunting Licence to the FO/Super?


  • Registered Users, Registered Users 2 Posts: 1,271 ✭✭✭.243


    Have you Physically shown your Current Deer hunting Licence to the FO/Super?
    :rolleyes:


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


    So how about we let the OP talk to his super before going off on clerical error lines of thought?


  • Registered Users, Registered Users 2 Posts: 442 ✭✭doyle61


    i have a 12G and .223 rem, i got rid of my .22 sold it in gun dealers.
    the rifle in question is a cz 550 bolt action

    Have you Physically shown your Current Deer hunting Licence to the FO/Super?
    Sure he'ld have had to show the hunting lisance/lisance number when he applied for the rifle lisance...............you know this so why are keep questioning him on the same point???




    As the lads said, talk to the super and find out what his thoughts are. Ild say there shouldn't be any problems though when you explain your case. Best of luck op


  • Registered Users, Registered Users 2 Posts: 7,072 ✭✭✭clivej


    Sorry to hear of your dilemma Feidhlim.

    Took me 7 months to get a 308 license.
    All I can say is keep the comunication lines open and don't shoot yourself in the foot. Get to talk to the Super before you do anything else


  • Registered Users, Registered Users 2 Posts: 15,134 ✭✭✭✭Grizzly 45


    The fun one can be actually getting to talk to the Super in the first place!!
    Contrary to belif,and PR speak they are not always available,or dont make themselves available to talk to us mere mortals.:rolleyes:
    Maybe if they didnt treat the people who pay their inflated wages with some degree of civility and not outright arrogance or rudeness in some cases,we mightnt have such a problem and could avoid playing at silly buggers on the court steps.
    In reality it would be better if we had in each division a dedicated firearms officer properly trained up whose specific job is to deal with firearms matters only,meet and field all the problems of the local gun owners and whose job is to say to the super or CS and advise or not on the merits,and then simply has to rubberstamp the form?

    "If you want to keep someone away from your house, Just fire the shotgun through the door."

    Vice President [and former lawyer] Joe Biden Field& Stream Magazine interview Feb 2013 "



  • Registered Users, Registered Users 2 Posts: 555 ✭✭✭Sika98k


    Grizzly 45 wrote: »
    In reality it would be better if we had in each division a dedicated firearms officer properly trained up whose specific job is to deal with firearms matters only,meet and field all the problems of the local gun owners and whose job is to say to the super or CS and advise or not on the merits,and then simply has to rubberstamp the form?

    Oh that we should be so lucky ! ! ! !


  • Registered Users, Registered Users 2 Posts: 671 ✭✭✭Feidhlim Dignan


    can i ask if you dont actualy have advice and just want to pick my post just shut up

    i have sent in a copy of my deer licence from the NPWS, 2 letters form land oners, a letter form gun dealer saying he sold the .22 along with the form photo gun club card and all that.
    thanks for all the advice i should be talking to the super tomorrow so ill see how it goes


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  • Closed Accounts Posts: 649 ✭✭✭steyrman2


    best of luck hope it works out in your favour


  • Registered Users, Registered Users 2 Posts: 1,102 ✭✭✭Hibrion


    The best of luck with it. By all means go in and be polite and listen to his side, but don't be a push over either. It sounds to me like there are no grounds on which he can refuse you a license for such a common rifle and calibre.

    Hopefully it was a mistake and all will be sorted soon. If it makes you feel any better I was waiting quite a long time for my 308 to come through; I think it was 8 or 9 months in the end.


  • Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    Did you get to speak to the Super after? Any joy?


  • Registered Users, Registered Users 2 Posts: 671 ✭✭✭Feidhlim Dignan


    so i turns out the super retired on tues day so ill be dealing with the new inspector. i have a meeting with him on wed so ill see how it goes and take it from there


  • Registered Users, Registered Users 2 Posts: 446 ✭✭meathshooter1


    so i turns out the super retired on tues day so ill be dealing with the new inspector. i have a meeting with him on wed so ill see how it goes and take it from there

    Don't forget you have 30 days from when you where refused to appeal afaik


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


    Don't forget you have 30 days from when you where refused to appeal afaik

    But you can reapply and await a second refusal can't you ?


  • Registered Users, Registered Users 2 Posts: 446 ✭✭meathshooter1


    rowa wrote: »
    But you can reapply and await a second refusal can't you ?

    Good point I cant see why not,I was thinking of what happened to myself with the pistol was left with no alternative and the clock was ticking


  • Closed Accounts Posts: 204 ✭✭xesse


    how much would it cost to go to court???
    let's say you went to D/C and you were granted your licence ... how much would the cost be ???
    i applied for a licence for a .308 at the end of august, i sold one gun so i wouldn't go over 3, i applied for and got a deer licence, and included land owners permission with my application. the local firearms office processed my application and recommended it (i was talking to him this morning). yesterday i got a letter saying my application has be denied due to no good reason for having the gun.

    i will be talking to the super tomorrow, anyone know if i have a chance of getting it or what i should do now. i intend to appeal to the district court if nessasary.


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


    xesse wrote: »
    how much would it cost to go to court???
    let's say you went to D/C and you were granted your licence ... how much would the cost be ???
    Depends on who represents you and what their rates are.
    If you go down that road, your solicitor will give you what's called a Section 68 letter, which will spell out the costs in detail (and if they don't, get another solicitor!).


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