Licence Extensions

FISMA.

Has anyone ever heard of, or know more about the legality of, being granted an extension on a licence due for expiry?

For example, would it be possible for the Supt to grant a one week extension to a licence that expires?

No, the licence has not expired.

Thanks.

Cass

There were extensions granted back in 2009 by the Garda Commissioner when the new three year licensing system came into effect. This was done to facilitate the spreading out of renewals and give people time to get their ones done.

I'm not a legal expert, but looking at it from a "i guess" point of view i'd say no. The license expires when its expires. To extend this the Super would have to grant you a new license for a longer period than your license currently allows for. As it's all automated that cannot be done via a card license and any authorisation via a letter would not be a license, as such.

Have you a license that is about to expire or are you nervous it'll expire before you get it renewed?

FISMA.

Cass wrote: »

Have you a license that is about to expire or are you nervous it'll expire before you get it renewed?

Not sure if I want to renew and may need an extra day or two to move the rifle.

No worries, there's plenty of time to talk to the Super before-hand.

Just do not know if it is worth the trouble any more.

Sparks

There's no legal facility to extend a licence even if the Super wanted to; what happened in '09 was written into the Act specifically as a once-off.

The Super *could* in theory issue an authorisation to hold the firearm (several clubs use this mechanism for club firearms) but I've not heard of that being done under these circumstances before.

hexosan

FISMA. wrote: »

Not sure if I want to renew and may need an extra day or two to move the rifle.

No worries, there's plenty of time to talk to the Super before-hand.

Just do not know if it is worth the trouble any more.

If the gun is left into a dealer you can take your time deciding and renew after the expiry. They won't come banging down your front door the day after the licence expires.

mrbrianj

Probably get charged the €80 and have to fill in all the forms anyway!

clivej

My son let his license over run by about 2 years before the Garda started to ask any questions. Then I was another 6 months before he got around to selling the rifle.

Cass

FISMA. wrote: »

Not sure if I want to renew and may need an extra day or two to move the rifle.

You can fill in the FCR, send it back and then have another 30 days before the license must be paid for. Do it right or time it right and it'll extend the time you have to make a decision without breaking the law regarding being in possession of an unlicensed firearm.

hexosan wrote: »

If the gun is left into a dealer you can take your time deciding and renew after the expiry..

Think he wants to do something while the FCR is current, but yes he can do that too. Just use an FCA1 when he is ready.

mrbrianj wrote: »

Probably get charged the €80 and have to fill in all the forms anyway!

Whether it's the FCR or an FCA it'll cost the €80 as it's a new three year license.

clivej wrote: »

My son let his license over run by about 2 years before the Garda started to ask any questions. Then I was another 6 months before he got around to selling the rifle.

Over run! Best way i've ever heard someone they they have been in possession of an unlicensed firearm.

2011

I had a rectricted firearm that I decided to sell to a dealer from Northern Ireland. The local Chief Superintendent was so delighted with my decision that he wrote a letter for the dealer so that he could collect the firearm from me (in the ROI) and transport it to Northern Ireland. The letter (signed and on headed paper) was valid for one week, it stated that the dealer had permission for possession of this firearm within the ROI.

It was in effect a license. I assume it was legal.

Cass

I won't say the Super was completely correct, as it's a messy situation legally, but in essence he did not grant him a license or even a non resident firearms license. Instead he gave him written authorisation to transport the firearm from the South into the North.

An RFD can transport guns as part of their business without the need for individual licenses for each gun. In the South any RFD can do this without the need for a letter from the Super, but in this case the Super (who would have had to sign off on any such application anyway) took initiative to expedite the process.

However i would be suspect of the legality of it as it would still require a permanent export license on this end, and an import license on the end of the RFD in the North. Hence the reason i cannot say it was done right.

The other aspect of this is, we believe that Supers are beyond reproach when it comes to such things. They're not. Some are clueless, some are competent and a few know their stuff. This is shown by the amount of guns out there on wrong licenses. While the onus is on the applicant to apply for the right one you'd think the Super (or more accurately his office) would catch that the license being applied for is not the correct one.

2011

Cass wrote: »

An RFD can transport guns as part of their business without the need for individual licenses for each gun.

Yes, I know that but I would think that only applies to RFDs that are registered in the ROI. In this case the RFD was not registered as such in the south.

Sparks

Sounds more like a removal order than anything else 2011, but then those have always been a bit of an odd fish.

Cass

2011 wrote: »

Yes, I know that but I would think that only applies to RFDs that are registered in the ROI. In this case the RFD was not registered as such in the south.

The same applies to RFDs from north and South. When i say that i mean both can do it legally in their own jurisdiction. It's also the reason i said the Super is the one to grant permission for the the Northern one to do so in the South.

However the rest of my post, i think, is still true in that it seems certain things were missed or not done. However without knowing whether they were done or not all we can assume is that they were.

Of course there is always the removal order as Sparks mentioned. Again we don't know what exactly was done so it's all speculative at this point.

FISMA.

Thanks for the help lads. The situation is not a big deal, but one I hesitate to fully explain online. Basically, the problem is that, at a time when the licence is expired, I would be voluntarily making myself known to powers that be.

The Super would provide a similar letter to 2011's citation. Likewise I am sure that the powers that be, would not have issues either. Just hope that I do not meet - "that one."

2011 wrote: »

The local Chief Superintendent was so delighted with my decision that he wrote a letter for the dealer so that he could collect the firearm from me (in the ROI) and transport it to Northern Ireland. The letter (signed and on headed paper) was valid for one week, it stated that the dealer had permission for possession of this firearm within the ROI.

It was in effect a license. I assume it was legal.

That's more along the line of what I was thinking. However, as Cass and Sparks have alluded to, the legality of such a letter... Again, probably what I will ask of the Supt.

Reminds me of when, in the States, they have gun buy back dates where the governor or mayor will allow anyone with a gun to turn them in to the police station.

So for a day, a felon is allowed to: be in a possession of a firearm, violate Federal transportation laws getting to the station, and State and Federal transfer laws at the station?

Legal?