Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

HELP...!Pistol Licence Revoke!

  • 12-07-2014 11:20am
    #1
    Registered Users, Registered Users 2 Posts: 103 ✭✭


    Hi Guys,
    Garda Siochana ordering me to surrender my GSG 1911 Pistol

    I really need some advice here; I received a letter from my local Garda Station saying the following;
    ____________________________________________________________________________
    Firearm –GSG Pistol Serial No. (******)

    With reference to the above I am writing to you in relation to this firearm for which you were issued a firearm certificate on 2nd October 2012.

    On the basis of information now available to me, I am informed that the firearm as outlined above is a restricted firearm, in accordance with Statutory Instrument 21/2008 as amended. The firearm certificate issued to you on the 2nd October 2012 was issued in error. Therefore firearm certificate number ****** is invalid and I am to inform you that the firearm that is in your possession is licensed incorrectly.

    I now wish to inform you that the firearm certificate issued to you and dated as above has no legal effect. In the circumstances, I strongly advise that you should immediately surrender the pistol for storage in the premises of a registered firearms dealer until such time as the matter can be rectified.

    If you wish to discuss this matter please contact this office on *** ******* to make an appointment to discuss the issue.

    Please inform this office, as a matter of urgency, of the steps taken to rectify this situation thereby assuring me that you are not in possession of an unlicensed firearm.

    Yours Sincerely,
    LOCAL SUPERINTENDANT

    ___________________________________________________________________________

    This is the letter I received word for word on the 8th of July, At present I surrendered the pistol in question to my local RFD where I am also a range member, the owner there has advised me to hold out informing my local Garda Station a few days in doing anything as he is waiting to hear back from Country Alliance Ireland regarding advice in this matter.

    To give you a brief background about me I have no criminal records and no trouble with the law in any regard, I am a member of a local shooting range and have had licenced firearms for over 10 years with no issues.

    I would greatly appreciate any help and advice in this matter.


«1

Comments

  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    You have the first and most important step taken. Getting the gun to an RFD. However the "don't tel them" advice is, well frankly piss poor. By not telling the Gardaí or making contact with them they could arrive at your home to seize the gun because for all they know you are still in possession of it.

    If it were me i would do the following.

    Contact the Gardaí via the number on the letter. Inform them you have surrendered the pistol to RFD "XXXXXXX". Give them the contact details o the RFD and if you don't already have one get a letter to state the same like you would if you were buying a gun from an RFD. That will solve the immediate problem of putting their mind at ease, informing them, and making contact.

    The next step is to find out why they believe it to be a restricted pistol. IT is a .22lr?Have you the mags limited/restricted to 5 rounds. Not 10 and you only load 5, but that it physically cannot hold more than 5? If so and all your mags are like this then the firearm itself, being a .22lr, is unrestricted and the mags fall into line with the unrestricted status.

    What you need is a letter from your RFD stating that he has inspected the magazines and can confirm they are incapable of holding more than 5 rounds which by SI 21/2008 as amended by SI337/2009 falls into the category of unrestricted. With your continuing membership and participation in target shooting i can see no other reason for them to consider the gun restricted.


    Excuse my bluntness, but the attitude of "tell them nothing" is wrong. You'll get further and on better if you co-operate with An Gardaí. As for the Country Side alliance. It's no harm to have them advice you but as i said above the only reason they can consider the gun restricted is if it's a bigger caliber than .22lr, or the mag capacity is greater than 5. Once you get the letter from your RFD stating it's a .22lr and has 5 rounds the matter should be easy to clear up.
    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



  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip




  • Registered Users, Registered Users 2 Posts: 103 ✭✭loonymoony


    Hi Cass

    Thanks for the advice, regarding the (not inform them) my understanding about this advice is just to give myself a day or two to gather some advice on how to approach this issue.


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    loonymoony wrote: »
    Hi Cass

    Thanks for the advice, regarding the (not inform them) my understanding about this advice is just to give myself a day or two to gather some advice on how to approach this issue.

    You approach the issue as you have been instructed by the Garda to do. What alternative are you considering?


  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    I appreciate that but you don't need to try and sort it out immediately. As in you don't need to go in and sit down with them unprepared.

    All you are doing is informing them that he gun is "gone". You then tell them that you want to make an appointment, but before you do you want to know why they think it's restricted, and as such find out the reason why they are revoking the license.


    I'm not suggesting or telling you to run into the situation "unarmed" (information wise), but get your facts sorted first. I mean by your own post you say you don't know why this is happening. The first thing Countryside Alliance will ask is why. If you cannot answer that because you haven't asked then they will tell you to ask.

    My point is the sledgehammer to a peanut syndrome is not needed here. So have the CAI informed and ready , but try the polite approach first and it might surprise you if the situation can be resolved by simply explaining a mistaken belief. I think, and i'ts only a guess, but a letter from your RFD explaining the design and unrestricted nature of the gun will do more good than the CAI at the moment.
    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



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 103 ✭✭loonymoony


    NipNip wrote: »
    You approach the issue as you have been instructed by the Garda to do. What alternative are you considering?

    just wanted advice from as much people as i could, thanks for your help


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


    Cass wrote: »


    .

    The next step is to find out why they believe it to be a restricted pistol. IT is a .22lr?Have you the mags limited/restricted to 5 rounds. Not 10 and you only load 5, but that it physically cannot hold more than 5? If so and all your mags are like this then the firearm itself, being a .22lr, is unrestricted and the mags fall into line with the unrestricted status.

    What you need is a letter from your RFD stating that he has inspected the magazines and can confirm they are incapable of holding more than 5 rounds which by SI 21/2008 as amended by SI337/2009 falls into the category of unrestricted. With your continuing membership and participation in target shooting i can see no other reason for them to consider the gun

    Once you get the letter from your RFD stating it's a .22lr and has 5 rounds the matter should be easy to clear up.

    Sorry cass, but what the guards are now saying is, if the gun came from the factory with magazines with a capacity of over 5 rounds, then the gun is restricted. If you have the mags limited to 5 rounds by a dealer or gunsmith it no longer counts as the guards say you can convert them back again. I have been refused a licence for a browning buckmark recently, and this was after me checking with thr fpu etc about the gun being unrestricted, which they said it was. The refusal letter mentioned that the ballistics dept considered the pistol a restricted firearm due to its magazine capacity and so a licence couldn't be issued for it.


  • Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭Tackleberry.


    Dont worry about this revoke, its not a valid revoke, i say this because there are reasons a FAC can be revoked and this aint one of them..
    I can say this because for the last two years ive been in court ( for 5 days) there is 2 of us dealing with this issue.. ill pm you my number as i can say no more..


  • Registered Users, Registered Users 2 Posts: 103 ✭✭loonymoony


    Hi Rowa

    Where does it state this in the Law?


  • Closed Accounts Posts: 338 ✭✭Dian Cecht


    Firstly, to the original poster, sorry to hear that your being treated this way.

    Next, if I read this correctly the guidelines & FPU say one thing & the ballistic dept say another. How do you decide who's "right" apart from a trip to court?


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


    OH!! ANOTHER person with a problem with the GSG 1911.22lr pistol......How strange!!:rolleyes:

    Funny how these GSG1911.22lr pistols are now being refused,or not being considerd for liscensing,or develop " liscensing problems" throughout the land of Ireland all of a sudden.

    I ,and about six people I know of are having this problem nationwide.
    My Superintendent is refusing to conside rmy application as he contends it has a ten round mag and is "used by the US military and US police forces so it is a combat firearm and unliscenseableby me as I did not hold a liscense for this restricted firearm pre Nov 2008 under secction blah,blah,yada yada."

    Thought the US armed services dropped the 1911 from general issue by the mid 1980s in favour of the Bretta M9,and odd that the US police forces in their many and varied organisations would STILL be toting a seven shot 103 year old pistol design....:pac: AND using it in 22lr as well....
    Odd too that we suddenly became the 51st state of the Union overnight and no one noticed??As the comparison as to what is in the USA as to what goes on here
    in our gun laws beats me.
    NOR is it according to Garda ballistics an approved "olympic style target pistol in the meaning of the Olympic rules.":rolleyes:

    But WTF would I know??He is a Garda Super and we're just dumb taxpaying units.:rolleyes:

    Funnily enough the gun isn't even in the country yet,and I have requested GSG to ship it with 2 factory blocked five round mags,as NOW it is apprently not good enough for Garda Ballistics "experts" that the mags are blocked by Irish gun dealers/smiths.

    Bottom line is. There is a concerted campaign on against the GSG 1911 .22lr and any other "military lookalikes" in 22lr being organised by AGS.

    FWIW you would now be better off contacting William Egan and Asoc in Dublin and talking to him about this.He has over two dozen cases relating to the GSG 1911.22lr pistols on his books in the last year.He'll be the same person CAI will proably be talking to anyway,so cut out the monkeys and talk to the organ grinder directly.

    "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: 15,134 ✭✭✭✭Grizzly 45


    Dian Cecht wrote: »
    Firstly, to the original poster, sorry to hear that your being treated this way.

    Next, if I read this correctly the guidelines & FPU say one thing & the ballistic dept say another. How do you decide who's "right" apart from a trip to court?

    I wouldnt trust EITHER of those depts now as far as I could throw them.
    Thats from long experiance of them in the confines of a few DC rooms the length and breath of Munster.

    "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 "



  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    rowa wrote: »
    Sorry cass, but what the guards are now saying is, if the gun came from the factory with magazines with a capacity of over 5 rounds, then the gun is restricted.
    There is no need to be sorry lad. I'm guessing at the reasons and the only two i can think of is mag capacity and caliber. So if you know why then all the better for the OP, and it gives us a specific detail to address in advice terms.

    I've heard of lads having a tougher, to impossible, time trying to license .22lrs with restricted mags, but did not know An Gardaí were taking such steps to prevent abuse.

    If that is the case then what i said above stands true, with one small addendum. Instead of getting a letter to say the magazines are restricted/limited to 5 rounds the OP needs to get his hands on magazine(s) that are made to hold only 5 rounds and cannot be changed to hold more.

    If he can do this then the issue should be easily resolved. If he cannot then the process is "winnable", but only under much harder conditions.

    The OP would need to show that the magazines have been permanently changed to hold no more than 5 rounds. He may face a court case, but if not he would still have to prove/show that for him to willingly and knowingly change the mag capacity from 5 to more than 5 is a criminal offence, as his license does not allow a restricted firearm, and do to so would show him unsuitable to hold a firearms license. With him already having a firearms license this shows he was suitable to hold it.

    I'm saying this a little arse backwards but you get the idea. It's like me being told my Beretta shotgun is being taken off me because all i need to do is get a new barrel/mag tube that lets me hold more than 3 rounds. IOW "legislating" for the unknown/unpredictable.
    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



  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Dont worry about this revoke, its not a valid revoke
    Whether they can support their argument or not An Gardaí are the licensing authority and as such any letter from them in an official capacity saying to store the firearm in a dealers and speak to them is NOT to be ignored or treated as trivial.

    The OP has taken the right steps and if he gets the right advice (from whatever source) this should be easily sorted.
    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



  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Where does it state this in the Law?
    SI 21/2008 as amended by SI337/2009 address restricted firearms and state the magazine capacity should be no more than 5 rounds. It DOES NOT say that a magazine changed to hold no more than 5 is not allowed, but the Gardaí are taking the steps themselves, apparently, to address this issue as there are lads with 10 round mags. Now they stay legal by only using 5 rounds, but the argument the Gardaí seem to be using is it's only a person character that stops them from breaking the law by loading more than 5. The funny part being it's our character that enabled us to be granted the license so on one hand you're told you are suitable then on the other you're told you are not to be trusted.
    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



  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Dian Cecht wrote:
    if I read this correctly the guidelines & FPU say one thing & the ballistic dept say another. How do you decide who's "right" apart from a trip to court?
    Sometimes there is no other option, but if handled correctly it can be resolved before that is necessary.

    The issue we have is the Ballistics Dept. have always been "against" us whereas the lads in the FPU apply the law as it is not as they want it to be. So the Ballistics Dept are turned to to get the advice that is wanted.
    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



  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Grizzly45 wrote:
    FWIW you would now be better off contacting William Egan and Asoc in Dublin
    That is a mistake, IMO.

    It's jumping the gun and unnecessary until the OP has had a chance to sit down with the Garda in question. The legal route should be the last avenue when all else has failed.
    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



  • Closed Accounts Posts: 338 ✭✭Dian Cecht


    Cass wrote: »
    That is a mistake, IMO.

    It's jumping the gun and unnecessary until the OP has had a chance to sit down with the Garda in question. The legal route should be the last avenue when all else has failed.

    That would be my advice also from experience with legal matters. Once the solicitor/court route is entered into it can & does become an adverse situation.


  • Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭Tackleberry.


    Cass wrote: »
    That is a mistake, IMO.

    It's jumping the gun and unnecessary until the OP has had a chance to sit down with the Garda in question. The legal route should be the last avenue when all else has failed.

    Sorry Cass but this why the the lieancing system has to be taken away from the gards they cant answer ther own questions and turn to ballistics only to told the wrong info, we then end up in a court room.
    The OP needs better advice then some here can give and after been dealing with GSG myself for the last two years in Clare courts (5 days) Willaim Eagn is the man to talk to.


  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Sorry Cass but this why the the lieancing system has to be taken away from the gards they cant answer ther own questions and turn to ballistics only to told the wrong info, we then end up in a court room.
    Agreed, but that is not germane to the thread. It's a debate on the appropriateness of An Gardaí running the entire system.
    The OP needs better advice then some here can give and after been dealing with GSG myself for the last two years in Clare courts (5 days) Willaim Eagn is the man to talk to.
    I appreciate you've been down the legal route, but the legal route has and always will envoke a reaction of confrontation. So if the OP responds with:

    "Dear Mr Garda.

    I won't take this lying down and now you can speak to my solicitor".

    The Garda's response is going to be - "Fine. See you in Court". Why? Because he is not paying the fees. You however will end up with a bill in the thousands. A necessary route if you've exhausted all other avenues, but for the moment the OP is in the infancy of this issue and by opening and maintaining a good line of communications with An Gardaí he may find he can resolve this issue with little more than an inconvenience or short disruption to his shooting.

    If he goes the legal route from the off then all communications will cease (that is no opinion, but the Garda will know better than to discuss anything after legal action is threatened or enacted), and he faces into months of not year(s) of court cases and expenses.


    Lastly, and i need to put the Mod hat on for this.

    No legal advice should be or can be given. This is a site wide rule as any action(s) taken based on the legal advice given here that leads to a problem can come back and bite both the site and person that gave it in the ass. So DO NOT give actual legal advice, but feel free to advise the OP as to how you think the matter may be resolved.
    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



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


    While it is the Ultima Ratio[French used to cast this onto their cannons muzzles in Napelonic times.Means the final arguement] to have to go to court and it was pointed out by Judge Lucey in my case in the DC court that most of these liscensing issues can and should be sorted out by discussion between both parties."

    What happens when you have asked as I have on FOUR occasions to meet the Super in writing to discuss this matter further and you do not even get a reply or an appointment??

    What do you do if you provide as much evidence to the contary,technical and physical your Cheif still says" I dont care it looks like a combat pistol /assault rifle! Because my "experts" looked in a big book and spent hours trying to find the most miniscule connection to some military usage to justify my opinion."

    BY ALL MEANS do indeed go the diplomatic route,do indeed try to sort this out and make every effort to sort this .BUT the reality states sofar you will need legal repersentation to sort this in the "final arguement".

    "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 "



  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    You've basically made my argument for me.

    The legal route can, and sometimes is the only way to resolve an issue, BUT ONLY after every other avenue is exhausted. I've said from the start of this thread that the OP should respond and talk to the Garda named in the letter. If after discussions no resolution can be gotten then he can decide to go the legal route if he wants. However to advise the legal route when he does not even know the reasons behind the revocation is premature and at this early point counter productive.

    As you asked above Grizz, if they refuse to meet him, refuse to talk then he can seek experienced legal advice from a professional. However for the moment respond tot he invitation to talk and see what can be done before investing thousands in a legal case.
    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



  • Registered Users, Registered Users 2 Posts: 103 ✭✭loonymoony


    Thanks for all the advice lads, at this stage I will inform my local super that the firearm has been surrendered to my local RFD and show him letter of proof, secondly i will request a meeting in writing with my super to discuss this matter further, I will keep you all informed as to the outcome and if need be I will continue this matter in the courts, but this is only plan B which I hope to avoid with a face to face with the super.


  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Do let us know how you get on.

    Make sure with any meeting you go prepared. Have paperwork, letters, applications, copies, etc. IOW everything. If you think you need it, bring it. If you think you don't need it, being it anyway. DO NOT walk in with your arms swinging.

    Listen to what is said, and don't respond until you have been told what the prroblem(s) are. If it is the 5 round issue then inform them the mags are incapable of holding more than 5. If they say this can be reversed you must show, and ONLY if it's true, that this is not the case.

    If possible try and source a pre-made 5 round mag. One that has not been altered and if this resolves the issue then you should be clear.

    Lastly do not agree to any meeting until you are ready. IOW if it's set for Monday morning at 9am and you won't have what you need to go in prepared then put it off until you are, but don't try drag it out too long.


    Best of luck.
    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



  • Registered Users, Registered Users 2 Posts: 1,481 ✭✭✭Rosahane


    If your shooting range is affiliated to the NASRPC get in touch with them, they will advise and possibly put you in touch with Willie Egan.


  • Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭Tackleberry.


    Cass wrote: »
    You've basically made my argument for me.

    The legal route can, and sometimes is the only way to resolve an issue, BUT ONLY after every other avenue is exhausted. I've said from the start of this thread that the OP should respond and talk to the Garda named in the letter. If after discussions no resolution can be gotten then he can decide to go the legal route if he wants. However to advise the legal route when he does not even know the reasons behind the revocation is premature and at this early point counter productive.

    As you asked above Grizz, if they refuse to meet him, refuse to talk then he can seek experienced legal advice from a professional. However for the moment respond tot he invitation to talk and see what can be done before investing thousands in a legal case.

    Id agree that this is the route to take but having taken it now for two short firearms it has become something of a matter of course where the result is the same, it has worked in the past for a rifle mod, but it seems to me your fight is with Ballistics more than the Super/Chief Super, and you dont get to talk to Ballistics so here is your problem, to change the info given by Ballistics is what ends you up in the court room.


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


    Id agree that this is the route to take but having taken it now for two short firearms it has become something of a matter of course where the result is the same, it has worked in the past for a rifle mod, but it seems to me your fight is with Ballistics more than the Super/Chief Super, and you dont get to talk to Ballistics so here is your problem, to change the info given by Ballistics is what ends you up in the court room.

    I thought the Gardai anti-gun ballistics "expert" had retired last month ? Or was that just wishful thinking ?


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


    I didn't read all this post 'cos it's to long. My advice is get in contact with the NASRPC and get an e-mail off to them.
    If your mags, are restricted to 5 rounds then your handgun is classed as an unrestricted firearm


  • Registered Users, Registered Users 2 Posts: 15,808 ✭✭✭✭Witcher


    There was a order sent around to supers a while ago saying they weren't to licence any pistol that came from the factory with a magazine over five rounds...doesn't matter if it's been welded etc. as the OP said.

    My own super told me that face to face and from speaking to someone who deals with these issues in my own club others have been told the same around the country.


  • Advertisement
  • Closed Accounts Posts: 338 ✭✭Dian Cecht


    Blay wrote: »
    There was a order sent around to supers a while ago saying they weren't to licence any pistol that came from the factory with a magazine over five rounds...doesn't matter if it's been welded etc. as the OP said.

    My own super told me that face to face and from speaking to someone who deals with these issues in my own club others have been told the same around the country.

    I thought Supers could not be "ordered" on matters relating to firearms licencing, hence, the Commissioners' guidelines :confused:

    Now, for the record I know they get "circulars" on things, including firearms licencing, which some obviously enforce as official policy, even if they know they are technically breaking the law. Supers wanting/hoping for promotion, will tow the line, fact of life.


  • Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭Tackleberry.


    rowa wrote: »
    I thought the Gardai anti-gun ballistics "expert" had retired last month ? Or was that just wishful thinking ?

    Gussing he is having to stand over any info he provided to Supers that has now ended up in court.


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


    A superintendent cannot make the law only apply it. So the op has every right to own the firearm he is looking to license


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


    rowa wrote: »
    I thought the Gardai anti-gun ballistics "expert" had retired last month ? Or was that just wishful thinking ?

    Seeing that I wished him best of luck on his up coming retirement when I last met him in apres court in Limerick.He assured me there is no truth in the rumour and that he was "on a course".[ A course on how to retire from the AGS apprently] But that he would be" around awhile longer."In Garda speak that could mean anything from now to X.However,this year has been quite intresting to see how quick busted flushes in the high command in AGS and DOJ can depart the scene when things start to turn up.So ya never know.Still better the devil you know an all that...

    "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: 15,134 ✭✭✭✭Grizzly 45


    Blay wrote: »
    There was a order sent around to supers a while ago saying they weren't to licence any pistol that came from the factory with a magazine over five rounds...doesn't matter if it's been welded etc. as the OP said.

    My own super told me that face to face and from speaking to someone who deals with these issues in my own club others have been told the same around the country.

    Also,dont take that the five round onlyOlympic style pistol is a sure bet either .There are a half dozen Hammerli Xcesse refusals on Mr Egans desk as well.
    :mad:

    "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: 2,440 ✭✭✭The Aussie


    What a unholy mess this is...


  • Advertisement
  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Dian cecht wrote:
    Now, for the record I know they get "circulars" on things, including firearms licencing, which some obviously enforce as official policy, even if they know they are technically breaking the law.
    clivej wrote: »
    A superintendent cannot make the law only apply it.
    To play Devil's advocate they are not breaking the law or making it up.

    What they will claim is they are addressing an issue whereby an unrestricted firearm can be made restricted (without the appropriate license) by means of a "simple" adjustment to the magazine.

    Now what they fail to comprehend is that to do so knowingly and intentionally after going through the grief of getting a license in the first place is not going to happen. I mean why would someone make the adjustments to a mag to make it capable of only holding 5 to get the license, to risk loosing it by undoing that alteration?

    IOW as i said above if the character of the person was of good enough stature to allow them to get the gun in the first place then what has changed for the Super/Chief Super to call that character into question now and in a very subtle, implied, way say they might do something illegal?
    So the op has every right to own the firearm he is looking to license
    Nope.

    He has no right or entitlement. None whatsoever. None of us have. Our only entitlement is to apply for one (unless of course you are disentitled to that too). A license can be revoked at any stage. If the reason for the revocation is not just then a court case/discussion with Super/CS will sort it out, but as i said earlier the revocation letter is legal and must be complied with immediately. You can/must fight it afterwards.
    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



  • Closed Accounts Posts: 338 ✭✭Dian Cecht


    Your devils advocacy is a fair point EXCEPT this is covered under the commissioners guidelines and isn't it covered in the legislation too? Their interpretation is stretching the content of the preceding items a bit, to say the least, not to mention a fair few district court judges have decided their argument is invalid, yet they persist :rolleyes:


  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Dian Cecht wrote: »
    ......... EXCEPT this is covered under the commissioners guidelines........
    Cannot be used as a defense so you're better of concentrating on the legislation.
    ........ and isn't it covered in the legislation too?
    What exactly?

    The legislation allows for a Super or Chief Super to revoke a license on multiple grounds. The letter states that the Super has done so because the firearm, in the Super's opinion, is a restricted one and the license for an unrestricted firearm was issued in error. So legally he is covered.

    The fact still remains. A letter of revocation is a legal document and must be adhered to and only after can you fight it if you believe or know it to be incorrect.
    Their interpretation is stretching the content of the preceding items a bit, to say the least, not to mention a fair few district court judges have decided their argument is invalid, yet they persist :rolleyes:
    Yup.

    Hasn't and won't stop them.


    As i said above i am only guessing as to the motives behind the letter and the cause of this thread. Only the OP can enlighten us as to what the actual reason is, which i'm guessing is the mag limit. I'm not making excuses or defending the Gardaí POV. I'm trying to discuss both sides.
    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



  • Closed Accounts Posts: 338 ✭✭Dian Cecht


    My reference to the legislation was that the definition of unrestricted is in there somewhere IIRC.............no have to trawl it :(

    At this stage the whole thing is a disaster and it depends on where you live and the subsequent attitude of your Super, hardly a good way for any licencing system to be administered, surely


  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    Dian Cecht wrote: »
    My reference to the legislation was that the definition of unrestricted is in there somewhere IIRC.............no have to trawl it :(
    I mentioned it above. SI 21/2008 as amended by SI337/2009.
    ............. hardly a good way for any licencing system to be administered, surely
    Not in the least.

    It's an abomination that a gun of the same caliber can be classified as safe (unrestricted) and somehow less safe (restricted) simply by the number of rounds it holds, the style of it's grips, etc. However this is only the tip of the iceberg. I don't wish to derail the OPs thread as it's too important to fade into numerous other topics as so many threads do, but there are dozens of other issues that need addressing such as:
    • Air rifles classed the same as any other rifle up to .300WM
    • One license per gun, and not a single license per person
    • Shotguns in the same category because of the number of rounds (restricted/unrestricted)
    • CF pistols effectively banned
    • Lads having to take court cases over frivolous matters with no costs awarded
    • Substitutions taking months not the 14 days mandated
    • Full applications taking months and sometimes years as opposed to the 3 months
    • Refusals supposedly being mandatory after 3 months yet lads get grants 7,8, 9, etc months later
    • Suppressors being a district lottery
    • Firearm applications being a district lottery
    • "Firearm Officers" that are inept and out of their depth, and being appointed as a matter of who is "unlucky" enough to get the job and not who is best suited
    • The complete lack of training and understanding of the same
    • The bigotry of some FOs towards firearms
    • The absence of Supers and the massive delays in processing
    • The enactment of the Commissioner's Guidelines as law
    • Improper amount of ammo on licenses (100 for a lad with an air rifle)
    • The splitting of NGB's and no lobby group due to power grabs by various groups
    • The constant infighting of the same

    These are but a few of the problems and possibly not the most serious. So it only highlights the issues we have faced, and will continue to face.

    The sorry part is for the most part AN Gardaí on the rank an file level are sound. It's when it gets to the political level that the SHTF. However as they are the authority i such matters we have to deal with them.
    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



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 11,264 ✭✭✭✭Nekarsulm


    And if I could make a small observation, and this is without any intention to offend, but perhaps your user name is slightly counter productive, on the remote chance of a GS linking your posts to a particular case.


  • Registered Users, Registered Users 2 Posts: 2,523 ✭✭✭Traumadoc


    I wonder will they apply the same rule to SA shotguns?


  • Moderators, Sports Moderators Posts: 28,696 Mod ✭✭✭✭Cass


    If they did it would not be the same as a pistol.

    You can get a restricted license for a shotgun, but not for a pistol. Not since 2008.
    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



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


    Grizzly 45 wrote: »
    Also,dont take that the five round onlyOlympic style pistol is a sure bet either .There are a half dozen Hammerli Xcesse refusals on Mr Egans desk as well.
    :mad:

    The hammerli xesse has a 10 round magazine from the factory though, its only the true olympic target pistols such as the walter gsp that come with 5 round mags as thats all they need for the comp's they are designed for.


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


    Yet the total irony has been lost that the Walther GSP is desgined for "rapid fire" events.An actual disipline that is supposedly illegal here.:rolleyes:

    "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: 938 ✭✭✭Steve012


    Hope its gets sorted for you mate!,
    Iv'e had a google but didn't see anywhere that do factory restricted mags for a walther/colt 1911. (in case letters start arriving at more peoples doors)
    If anyone has heard of them available,much appreciated bar gunsmith here doing it.


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


    Steve012 wrote: »
    Hope its gets sorted for you mate!,
    Iv'e had a google but didn't see anywhere that do factory restricted mags for a walther/colt 1911. (in case letters start arriving at more peoples doors)
    If anyone has heard of them available,much appreciated bar gunsmith here doing it.

    It doesn't matter if they are available or not, what the supers are saying is if it comes from the factory with 10 shot mags then its restricted, regardless of limiting the mag capacity or getting new 5 round mags.


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


    Grizzly 45 wrote: »
    Yet the total irony has been lost that the Walther GSP is desgined for "rapid fire" events.An actual disipline that is supposedly illegal here.:rolleyes:

    Um, since when? Given rapid fire pistol is on the Olympic programme, I suspect you're completely wrong there.


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


    IWM
    Since anytime the targets or the shooters move apprently is classified as "dynamic combat ,bodygaurd training shooting"[pick your hyperbole] in Ireland.
    We have a fine set up in Midlands for this ,but are precluded from using the turning mechanism because to do so is considerd dynamic,or so I am told.Its also why "running boar" cant be shot here either,or pop up targets are not allowed either and why most of the timed events are done here by whistle blasts.Could be wrong,but thats what I have been told by those who organise shoots here.IOW just the usual clusterfuk of Irish firearms laws.

    "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: 103 ✭✭loonymoony


    rowa wrote: »
    It doesn't matter if they are available or not, what the supers are saying is if it comes from the factory with 10 shot mags then its restricted, regardless of limiting the mag capacity or getting new 5 round mags.

    Opens up a can of worms for plugged shotguns then! enjoy all those court cases Mr Law!


  • Advertisement
Advertisement