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November 1st deadlines for unlinenced guns??

  • 27-10-2014 4:58pm
    #1
    Registered Users, Registered Users 2 Posts: 990 ✭✭✭


    Got a call from a dealer the other day wanting to know if I intent to appeal my refused pistol licence or have gun sold or destroyed,,,pistol has been with dealer since new laws were brought in a few years ago,,I could never afford the appeal proccess so left it for sale which never happened,,dealer claims it might not be worth selling because of export costs etc so I am still in limbo as to decide what to do.
    should i cut my losses and have gun scrapped because i really cannot afford the legal costs to appeal?? pistol is restriced 9mm btw.
    has any of you heard the same thing from your dealer,club etc.
    dealer claims that the gardai want all unlicenced firearms destroyed or sold by 1st nov.


Comments

  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    I could be wrong but AFAIK you only have 30 days to appeal following a formal refusal.....


  • Registered Users, Registered Users 2 Posts: 5,124 ✭✭✭Mech1


    Donate it to a Northern Ireland gun club as a club gun. if your considering having it scrapped.


  • Registered Users, Registered Users 2 Posts: 15,824 ✭✭✭✭Witcher


    OP..sounds to me like he's bullsh1tting you and just wants it off his floor. Try to arrange another dealer to take it in if possible.


  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    As previous poster says, don't scrap it, get an export permit for a dealer in NI. If you only clear €100 on it or even end up giving it away to a club up there then that is better than scrapping it.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Any chance of exporting it to the north and have it licensed, stored and used in a club up there?


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  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    I think you're being spun a yarn. No member of AGS can dictate what you should do with your pistol once it's lawfully stored due to lack of licence.

    If AGS want it sold or destroyed they can go and look for individual disposal orders in court for every stored and unlicensed firearm in the country.

    The cost of export is exactly the cost of transport once you don't export outside the EU, export licence are free and available from the DoJ on request.

    If I were you I'd ring a few dealers up North and take the best offer and have it shipped.


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


    Meathstevie has it spot on.

    No Garda can dictate what a dealer must destroy if it's dealer stock or being stored for a person (such as yourself). It's either the dealer's property or your property. So what if you have no license, once it's stored no Garda can demand it be destroyed.

    The only time a Garda can have it destroyed if it's a seized or surrendered gun and/or (as said above) via a court order.


    Sounds more like the dealer is trying to reduce or clear out the number of guns being stored or more specifically guns he does not want stored on his premises anymore such as restricted guns. When i got rid of my pistol i traded against a rifle to a dealer that was more than happy to take it as he sells/sends them up north.

    So your options are (as i see it)
    • Store it elsewhere and don't frequent the dealer spinning this yarn
    • Sell it via the RFD to someone up North
    • Trade it to a dealer that will take it (what they do with it is not your concern)
    • Donate it to a person/club up north that will get use of it.
    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: 15,134 ✭✭✭✭Grizzly 45


    daveob007 wrote: »
    Got a call from a dealer the other day wanting to know if I intent to appeal my refused pistol licence or have gun sold or destroyed,,,pistol has been with dealer since new laws were brought in a few years ago,,I could never afford the appeal proccess so left it for sale which never happened,,dealer claims it might not be worth selling because of export costs etc so I am still in limbo as to decide what to do.
    should i cut my losses and have gun scrapped because i really cannot afford the legal costs to appeal?? pistol is restriced 9mm btw.
    has any of you heard the same thing from your dealer,club etc.
    dealer claims that the gardai want all unlicenced firearms destroyed or sold by 1st nov.

    PM inbound;)

    "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: 1,082 ✭✭✭bravestar


    I would go with cass and meathstevie on this one. The dealer is looking to lighten his load.


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


    freddieot wrote: »
    I could be wrong but AFAIK you only have 30 days to appeal following a formal refusal.....

    And an infinite amount of time to file a new FCA1 (or as many as you'd like to in succession) so long as it's not a centerfire pistol you didn't have licenced before Nov2008...

    The other lads have it on the head I think, the dealer wants his storage space back. If the OP's not paying something for storage, fair enough, but it's a pretty silly way to try to handle things, telling someone the Gardai want something done!


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  • Registered Users, Registered Users 2 Posts: 990 ✭✭✭daveob007


    pm sent grizz,,,,,,,,,,,,,this dealer has been giving me the runaround all this time with poor offers from the north etc,,at one point it was secured in army barracks in athlone?? and back and forth to the dealer.....few options pmed to me thanks for the help


  • Registered Users, Registered Users 2 Posts: 1,192 ✭✭✭cw67irl


    Sounds like a dealers Yarn alright, what type of gun is it? I might be able to get a value for it from a NI dealer for you. Pm if you like


  • Registered Users, Registered Users 2 Posts: 990 ✭✭✭daveob007


    cw67irl wrote: »
    Sounds like a dealers Yarn alright, what type of gun is it? I might be able to get a value for it from a NI dealer for you. Pm if you like
    glock17 9mm with little use,,cheers


  • Registered Users, Registered Users 2 Posts: 111 ✭✭pilatus


    You have mail :-)


  • Registered Users, Registered Users 2 Posts: 41 k31


    HI, As far as I can remember as a result of the settlement of the eight test cases and the 168 supporting cases in the High Court in 2012 all persons who had previously held certificates for restricted handguns could re apply for said firearms. This also applied to individuals who had not appealed the original decision to refuse. You should contact William Egan & Associates in Dublin or the Nargc if you are a member who can advise you of the details. As with any application for a restricted firearm you have to show that the firearm applied for is the only firearm suitable for the purpose for which you require it so for a pistol you would be expected to compete in competitive pistol shooting competitions . If you decide to dispose of your pistol you could contact NITSA in Newry who I know have purchased several pistols from individuals in Southern Ireland. Also your current dealer would be entitled to charge you for storage for the last couple of years which could be expensive.


  • Registered Users, Registered Users 2 Posts: 990 ✭✭✭daveob007


    Amazing enough I have 2 people interested in the gun for use up north,,and a dealer cant even get 1 offer in 4 years??? not much effort put in by the looks of it


  • Registered Users, Registered Users 2 Posts: 41 k31


    Just to save you any hassle and wasted time if the individuals who are interested in purchasing your pistol do not reside in NI they cannot get a firearm certificate there. This was not always the case but the law changed a number of years ago.


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


    k31 wrote: »
    HI, As far as I can remember as a result of the settlement of the eight test cases and the 168 supporting cases in the High Court in 2012 all persons who had previously held certificates for restricted handguns could re apply for said firearms.
    No, they had that right before the court cases. Technically, we've always had that right.


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


    daveob007 wrote: »
    Amazing enough I have 2 people interested in the gun for use up north,,and a dealer cant even get 1 offer in 4 years??? not much effort put in by the looks of it
    Exactly. As i said above............
    Cass wrote: »
    When i got rid of my pistol i traded against a rifle to a dealer that was more than happy to take it as he sells/sends them up north.

    ............. i can send you the details of a dealer if you'd like that is happy to take them as he sells them up North. What price or conditions are attached (i traded mine) i don't know. I'm not sure if he buys them straight or only takes them as trades, but he had my pistol sold within 3 days.
    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: 28,697 Mod ✭✭✭✭Cass


    Thinking about this, the only way a Garda can demand a person/dealer storing a gun for a person can make them sell it is if the license was revoked and the gun was seized/surrendered. Also if the gun was seized as part of a criminal matter/case. As i said above in such a case the Gardaí would seize the gun or have it surrendered to a dealer by the person holding it.

    If refused the person may store the gun and either try to license it or sell it via an RFD. There is no time limit on this process.

    The other aspect of all this is the case of a surrendered firearm (due to a license being revoked) or the gun being seized in the process of a criminal case. At this point the gun cannot be licensed. The Gardaí store the gun in an RFD (or in station) and issue a 3 month time period to sell it. If the gun is not sold within 3 months the Gardaí can issue a 30 day time frame in which the gun must be sold for whatever amount is offered.

    If no court case is involved then you have some input into what the gun sells for for the first 3 months, but very little to none in the following 30 days, and you get the money in both cases. If there was a court case, and the court directed that any monies from the sale go to the exchequer then you have no say.




    That covers all eventualities.
    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



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


    daveob007 wrote: »
    Amazing enough I have 2 people interested in the gun for use up north,,and a dealer cant even get 1 offer in 4 years??? not much effort put in by the looks of it

    Heck! Even if it was broken for parts here[Thats everything bar the frame] you would get people intrested in it who have Glocks and wouldnt mind a few spare bits.Not that Glocks break much in the first place.... But still.:P

    "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: 4,777 ✭✭✭meathstevie


    I thought a non resident is able to obtain a visitor permit, you definitely can if both person and firearm are non resident. Check with the PSNI for details.


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


    Yeah, but visitor permits and FACs are not the same thing.


  • Registered Users, Registered Users 2 Posts: 990 ✭✭✭daveob007


    have offer from a guy living close to the border who has club membership in north..i can get it sent to his rdf in donegal while he applies to psni for permit etc,,,,hope this works will let you know how it goes
    thanks for all the help esp grizzly45 appreciate it


  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Sparks wrote: »
    Yeah, but visitor permits and FACs are not the same thing.

    I know Sparks, shorter duration, higher cost and a sponsor/reference who vouches for you required but it could be a way to enjoy your shooting denied to you here.


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


    No, I mean you can't keep a gun up north on a visitor permit alone - the visitor permit is for people with Irish licences visiting Northern Ireland, it's not a licence itself. You have to have a licence down here or a licence up there. The visitor's permit doesn't let you sidestep that requirement.


  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Sparks wrote: »
    No, I mean you can't keep a gun up north on a visitor permit alone - the visitor permit is for people with Irish licences visiting Northern Ireland, it's not a licence itself. You have to have a licence down here or a licence up there. The visitor's permit doesn't let you sidestep that requirement.

    Forgot the main difference with a proper cert alright, it's strictly "non-resident" guns.


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