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Shotgun seized

  • 15-09-2017 1:35pm
    #1
    Registered Users, Registered Users 2 Posts: 218 ✭✭


    Local Gardai took away a man's shotgun after he fell out with a neighbour. The neighbour claimed she was in fear, although no threats made or mention of a shotgun were made, this is pending an investigation. He got a letter to say he could appeal but would have to lodge 750 euro .Knowing the young man,(who has never been in trouble )I thought this very harsh. He has been deprived of his hobby and confidence on the hearsay of a person without being put on trial or found guilty of any offence. I would view this as a dangerous situation for any gun licence holder who could be held to ransom by a vindictive person. My question is; has anyone any experience of a similar situation? This goes back to July, so there is no sense of urgency regarding the investigation.


Comments

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


    Dai John wrote: »
    My question is; has anyone any experience of a similar situation?.
    To what end, if you don't mind me asking?

    Are you looking for causes and end results to compare to this situation? Or are you just looking for a "what usually happens" scenarios?
    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: 1,611 ✭✭✭gunny123


    I heard of a simular situation with a married couple forever having screaming matches, when he rolled in from the pub three sheets to the wind. The gardai were being called regularly and one evening the sarge decided to take the guys shotgun. I don't know what legal right they had to do that, if any.


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


    This was also almost the exact situation that preceded the Abbylara shooting.


  • Registered Users, Registered Users 2 Posts: 1,719 ✭✭✭German pointer


    The gardai were being called regularly and one evening the sarge decided to take the guys shotgun. I don't know what legal right they had to do that, if any.[/quote]

    Could this one be put down to intemperate behavior?


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


    The gardai were being called regularly and one evening the sarge decided to take the guys shotgun. I don't know what legal right they had to do that, if any.

    The only legal route available to do that is either a section five revoking of the licence, which you have to give written notification of; or a temporary custody order (but that applies to an area, not a person). There are other powers (like section 16 of the 1990 act) but they apply to public places or to premises of RFDs or the like, not to someone's home.

    So for a sergeant to just show up at the door and say "sorry lad, but we had a complaint so I'm taking this in for safety's sake", well, you can go along with it, it's a free country; but there isn't any legal basis for it without something more than that behind it (for a start, it would have to come from a super, not a sarge, and there's going to be paperwork, not a quiet chat at the door).

    Now there's a whole other conversation about the specifics of the case, how refusing to comply would look in any future court case about the inter-neighbour dispute or future licence applications and so on.

    And there's an entirely different conversation about whether or not the concern is genuine - and let's be bloodymindedly clear here: the statistics on violence towards women in Ireland are absolutely heinous. We don't know who the complainant is or who the firearms owner is or what the history there is and it's entirely likely that neither did the Garda involved and when you don't know and only know the statistics, you'd lean towards confiscation.

    It's just that I don't think confiscation in the exact manner described (or in the manner that we know it was done in Abbylara) is legal. The section five powers are so absolute and so easy to invoke that there really is no excuse for not doing it that way if the Garda felt it was a justifiable act.


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


    From my PI days, I had three cases of this carry on happening.ALL were bloody-minded, vindictive, soon to be ex-spouses [who were going to cash in in proceedings anyway]
    All followed the same routine."Husband making threats to me and the kids that he will kill us all if we leave him, etc, etc." In one case[before 2008] one guy couldn't even find his guns as was storing them out in the garage and hadn't even touched them in five when the Guards showed up.Yet the spouse claimed he had been threatening them with them two days before.

    One guy followed my advice and moved them SAP into a dealer until his separation proceedings were underway.Which is the best thing to do if you ever find yourself in a situation like this.NEVER underestimate how nasty and bitchy a person you are hitched to can turn when it is all over.

    Demand off the gaurds exactly why and under what section they are removing your firearms and demand receipts and who is the complainant.Do not be afraid to video and record any proceedings with your cam these days.After all, if the Gaurds are in the right , what have they got to fear?

    Going back to the OP..Who said he had to lodge 750 euros?If it is the AGS..BULL SHT!! There is no charge for an appeal on a license.Nor is this an appeal either.Unless he gets written confirmation of a revocation of his license,he has every right to go back down to the Garda station and demand his property back with a lawyer in tow. This is almost preemption of a potential crime, which is suggesting that this young fellah "might be guilty of doing something."Which ASFIK is illegal under our and EU law.Why not confiscate our cars on Saturday night, because "we might get drunk and kill someone under DUI?"
    Makey up law and exceeding authorithy again...

    "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: 40,038 ✭✭✭✭Sparks


    From my PI days, I had three cases of this carry on happening.ALL were bloody-minded, vindictive, soon to be ex-spouses
    That's three data points in a population of 4.6 million people Grizzly.

    I'm not trying to say this case is one or the other by the way.

    I'm trying to say that if you don't know the people involved personally and you do know the statistics around violence, you could strongly empathise with the urge to take a preventative measure here even if it ultimately proved unfair. But that urge shouldn't override legality. It's not like it's in any way hard to act on legally; a Garda following section 5 would be pushing on an open door. So if that doesn't get done, there really isn't any excuse.

    Also, 750 euros to be lodged to take a court case could well be the amount in the section 68 letter from the solicitor. In which case it's completely legal (whether the amount is reasonable I'm not entering an opinion on, just whether or not it's legal to ask for one).


  • Registered Users, Registered Users 2 Posts: 218 ✭✭Dai John


    I do feel that not all the facts were divulged to me, as I only heard one side to the story, what concerns me most is that if this became a common occurrence it could leave the door wide open for abuse at the cost of the shooting community. All the woman had to claim was that she was put in fear without evidence or corroboration and the Gardai reacted by taking his shotgun pending the investigation. The investigation is over 2 months old. I was told that this is a normal procedure in the case of any offer of violence or threat. I have known the man since he was a child and he is not of a violent disposition. He never disclosed the fact that he owned a shotgun and did not consider it an issue in the dispute, but the Gardai obviously did. What next ? If you fail to pay a parking ticket, will it be considered anti-social and worthy of refusing you a gun licence ?


  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    Could this one be put down to intemperate behavior?

    This was over 20 years ago when being three parts Oliver Twist on a regular basis was the national sport and nothing to be ashamed of.


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


    [
    QUOTE=Sparks;104688968]That's three data points in a population of 4.6 million people Grizzly.
    Well actually when it comes to firearms ownership, it would be a different base figure,albeit just as small a number??
    Very true, but my point being, is how many others out there that we might never have heard of either?and I was simply illustrating the point that not all of these cases are battered and blue abused women, but some very nasty conniving spurned or money hungry women.Hell hath no fury and all that...


    I'm trying to say that if you don't know the people involved personally and you do know the statistics around violence, you could strongly empathize with the urge to take a preventative measure here even if it ultimately proved unfair. But that urge shouldn't override legality. It's not like it's in any way hard to act on legally; a Garda following section 5 would be pushing on an open door. So if that doesn't get done, there really isn't any excuse.

    Except for one problem.It is not up to a Sgt to confiscate firearms without [a] good reason and written authorization from the granter.IE the superintendent or chief as the case may be to revoke? This and any of the cases I had were and sounds like, Gardai acting on the word of an aggrieved party in matrimonial disputes trying to remove the seemingly obvious "go to" weapon without any justification apart from hearsay of one of the aggrieved.

    Why not remove then all knives from the house as well?after all most domestic murders are done with knives from the kitchen drawer in Ireland from and by both sexes.



    Also, 750 euros to be lodged to take a court case could well be the amount in the section 68 letter from the solicitor. In which case it's completely legal (whether the amount is reasonable I'm not entering an opinion on, just whether or not it's legal to ask for one)

    I wouldn't be using that solicitor with a price list for that letter for sure. in fact, that should be around 50 quid if at that.No this sounds more like a Garda doing soft intimidating a young fellah by saying "Go on, but it will cost ya, so don't bother." Not everybody can drop 750 quid these days either on lawyers fees.

    "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 "



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


    Grizzly 45 wrote: »
    Except for one problem.It is not up to a Sgt to confiscate firearms without [a] good reason and written authorization from the granter.IE the superintendent or chief as the case may be to revoke?
    That's my point. If the gardai believe there's sufficient threat to take away the firearm then there is absolutely no excuse for not doing so legally. If a complaint has been made, then that's sufficient grounds to revoke a cert under section 5 immediately and confiscate the firearm legally.
    After that point, if it's been done unfairly or without proper grounds, you can go to court and argue to a third party that the AGS made the wrong call; but it's all legal and official and above board. This informal crap leaves the licencee in limbo. Is the licence actually revoked or not? Where is the firearm? How do they get it back? When can they get it back? None of that is in any way answerable if the Gardai don't follow the law.


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭Gorgeousgeorge


    Absolute madness. Its why i store everything in with my local rfd


  • Registered Users, Registered Users 2 Posts: 539 ✭✭✭Hunter456


    one day i was heading into a permission i had from a farmer and another farmer came speeding up the road stopped and asked me what the **** was i doing this is xxxxxxxxx gun club my reply was i have permission from the landowner xxxxxx xxxxxx and i took out the permission letter, he got out of the jeep started hurling abuse at me i had my shotgun opened i was not in a threatening manner but i stood my ground and continued to explain my case you can not tell me i cant shoot in here there is the proof, his reacting was i'm going to the guards you threatened me with a gun soon as he left i got onto the phone and phoned the local guard told him what had happened i told him i had all relevant documents to state i had permission. i followed my query up the next day the man never lodge the complaint i never lost my guns but i was bricking it. how easy it is for people to accuse and get your guns confiscated.

    a couple of months later i knocked into a house that had a river running along his land and i went to seek permission his wife answered the door i asked could i speak to the gentleman that own's the land who only came to the door the farmer from that day haha i got refused.


  • Closed Accounts Posts: 2,948 ✭✭✭gizmo555


    Sparks wrote: »
    ... let's be bloodymindedly clear here: the statistics on violence towards women in Ireland are absolutely heinous. We don't know who the complainant is or who the firearms owner is or what the history there is and it's entirely likely that neither did the Garda involved and when you don't know and only know the statistics, you'd lean towards confiscation.

    Firstly, the statistics on violence towards men by their partners are pretty bad too as is recognised in the current TV and radio ad campaigns on domestic violence. There was an Irish report published in 2001 by the Marriage and Relationship Counselling Service (now renamed Relationships Ireland), which stated that:

    In those who come for counselling to the MRCS, about half are in relationships in which domestic violence occurs. One-third of the violence is perpetrated by partners on each other; 41 per cent is perpetrated by women on men. A quarter (26 per cent) is perpetrated by men on women. "Women are more likely than men to be the perpetrators of domestic violence" among MRCS clients . . .

    http://www.irishtimes.com/opinion/finding-that-women-can-be-the-violent-partner-will-startle-1.314729

    Secondly, and I'm open to correction, but the only Irish case of a spouse being murdered by their partner with a legally held shotgun in recent times that I recall is that of Corporal Gary Cotter.

    In January 1995 Gary and his wife Norma were out on the town drinking in Midleton. He went home earlier than her while she stayed out drinking for a further three hours. When she did get home, he objected to her vomiting in their bedroom and there was an argument about who'd collect their child from his grandparents' house in the morning.

    Later, while he slept, Norma shot her husband dead with his shotgun because, as she told her father, "he kept nagging her".


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


    gizmo555 wrote: »
    Firstly, the statistics on violence towards men by their partners are pretty bad too as is recognised in the current TV and radio ad campaigns on domestic violence.
    Except that we're not talking about domestic violence here, unless the two neighbours are married.

    And you guys are losing the thread of this a bit; my point isn't about who beats whom more (and if you want to have that argument, count me out and take it somewhere the kids can't hear please). It's that if the Garda had cause to be worried - and it is not implausible that he would have such cause - then legally he is supposed to get a section 5 revocation and proceed that way. A garda below the rank of Super just showing up and asking for the firearm to be handed over on his own recognisance is flat-out lazy and I can't think of a single legal basis for it from the firearms acts.

    I'm not even sure if it's legal to comply with, now that I think about it. Your firearm is gone, you have no idea where it is or who has it, there's no great paperwork trail in the case tracking it, and you're supposed to keep that thing securely stored when not in use, so if the Garda misplaces it and it's later used in a post office robbery (which we know has happened in the past in a specific case), who's liable?


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭Gorgeousgeorge


    I know of a man who point blank refused to give his firearms to the local guard after a complaint. He called our local rfd to which he asked them to hold the firearms until after the investigation was complete. They came out and picked them up. I believe he was well within his rights to do this. Anyone know if this is true


  • Closed Accounts Posts: 2,948 ✭✭✭gizmo555


    Sparks wrote: »
    Except that we're not talking about domestic violence here, unless the two neighbours are married.

    I wasn't commenting on the situation the OP described, I was commenting on the assertion by you that "the statistics on violence towards women in Ireland are absolutely heinous". If you weren't referring to statistics on domestic violence, what statistics were you referring to? And what such statistics would indicate there is the remotest threat to women from legally held firearms which do not belong to members of their own households?

    This is not "losing the thread" - your premise seems to be that there are statistics which indicate that the Gardaí might well have good reason to take the firearm, but you're critical of the way its been done.


  • Registered Users, Registered Users 2 Posts: 218 ✭✭Dai John


    I know of a man who point blank refused to give his firearms to the local guard after a complaint. He called our local rfd to which he asked them to hold the firearms until after the investigation was complete. They came out and picked them up. I believe he was well within his rights to do this. Anyone know if this is true

    An RFD would be within his right to charge storage, who pays ?


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


    gizmo555 wrote: »
    This is not "losing the thread" - your premise seems to be that there are statistics which indicate that the Gardaight well have good reason to take the firearm, but you're critical of the way its been done.
    It isn't. It's that they can argue successfully they had a good motive. "Good Reason" is not the same thing. That would imply they had knowledge of this specific case.

    As to the rest, like I said, leave me out of that chat and don't have it where the kids can hear you.


  • Registered Users, Registered Users 2 Posts: 12 random jerk


    Dai John wrote: »
    Local Gardai took away a man's shotgun after he fell out with a neighbour. The neighbour claimed she was in fear, although no threats made or mention of a shotgun were made, this is pending an investigation. He got a letter to say he could appeal but would have to lodge 750 euro .Knowing the young man,(who has never been in trouble )I thought this very harsh. He has been deprived of his hobby and confidence on the hearsay of a person without being put on trial or found guilty of any offence. I would view this as a dangerous situation for any gun licence holder who could be held to ransom by a vindictive person. My question is; has anyone any experience of a similar situation? This goes back to July, so there is no sense of urgency regarding the investigation.
    Cymraeg Dai?


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  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭Gorgeousgeorge


    Dai John wrote: »
    An RFD would be within his right to charge storage, who pays ?

    He paid the rfd. Rfd also charged him for collecting them


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


    He paid the rfd. Rfd also charged him for collecting them

    Far better than having a member of AGS who generally wont have a clue about firearms shove it into a press in the local station !

    Who pays if AGS damage your gun ? :P


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭Gorgeousgeorge


    Far better than having a member of AGS who generally wont have a clue about firearms shove it into a press in the local station !

    Who pays if AGS damage your gun ? :P

    Thats if yoi ever get it back


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


    Who pays if AGS damage your gun ? :P
    Which is another reason to do things above board. If a member of AGS seizes your firearm without legal basis, you might have trouble sueing AGS directly for any damages that might occur to the firearm after that point. Whereas if it's done above board via a section five, then it's all legal and AGS (rather than an individual Garda) are responsible for safeguarding what remains private property (doesn't matter if you can't possess it because you have no licence, it remains your property even then, as anyone who lost a firearm in '72 can tell you).


  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    Far better than having a member of AGS who generally wont have a clue about firearms shove it into a press in the local station !

    Who pays if AGS damage your gun ? :P

    I have seen first hand how guns are stored in cards stations. Not pretty, they are shoved into an ordinary office furniture type press. But I know in South Dublin, the super ordered that no firearms were to be stored in stations, and anything confiscated or seized, was to be brought to a rfd.


  • Registered Users, Registered Users 2 Posts: 58 ✭✭howa .223


    I had a similar situation happen to myself a few years back, when a member of the gaurds claimed he seen me shooting lands I have no permission on stating a time date etc even going as far as calling me on my own phone from a cop shop and threatening to punch me in the face.
    I then got a phone call from my own station asking to surrender my guns, when I stated that for 1 I don't trespass and 2 I'm not Jesus and couldn't be in two places at the one time the super seemed surprised.
    I had been working on a very high level security construction site with cctv and a personal id swipe card, and I was at work that day and time he "saw" me..
    I wanted the said "guard' to pursue the issue but it soon got swept under the carpet. Unfortunately I didn't get to make an example of this clown in the media. just shows the low levels some individuals will go too.


  • Registered Users, Registered Users 2 Posts: 4 Bogbrush


    I can't post a link because I'm new, but this is a good read about spouses & firearms, if you can be bothered to Google for it:

    7 Deadly Sins, how to lose your shotgun certificate.

    How pride, envy, wrath, sloth, greed, gluttony or lust can lose you your shotgun certificate and firearms licence.


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


    "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


    Slightly OT, but related. If you use FB and Twitter, remember both antis and[thought] police are now very much patrolling these mediums to shut people down for "hate speech".This can be as much as liking a particularly off colour post or replying in a manner "offensive" in a very heated debate.
    This has happened once in the UK already and I am following a case of this in Germany as well.
    So just a heads up on this too.
    http://www.shootinguk.co.uk/news/protect-yourself-on-social-media-20367

    "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 "



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  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    Grizzly 45 wrote: »
    Slightly OT, but related. If you use FB and Twitter, remember both antis and[thought] police are now very much patrolling these mediums to shut people down for "hate speech".This can be as much as liking a particularly off colour post or replying in a manner "offensive" in a very heated debate.
    This has happened once in the UK already and I am following a case of this in Germany as well.
    So just a heads up on this too.
    http://www.shootinguk.co.uk/news/protect-yourself-on-social-media-20367

    If you are stupid enough to put every last vestige of your life on to the web for all to see, on bookface or twatter, then you deserve all you get.


  • Registered Users, Registered Users 2 Posts: 267 ✭✭judestynes


    Sparks wrote: »
    Except that we're not talking about domestic violence here, unless the two neighbours are married.

    And you guys are losing the thread of this a bit; my point isn't about who beats whom more (and if you want to have that argument, count me out and take it somewhere the kids can't hear please). It's that if the Garda had cause to be worried - and it is not implausible that he would have such cause - then legally he is supposed to get a section 5 revocation and proceed that way. A garda below the rank of Super just showing up and asking for the firearm to be handed over on his own recognisance is flat-out lazy and I can't think of a single legal basis for it from the firearms acts.

    I'm not even sure if it's legal to comply with, now that I think about it. Your firearm is gone, you have no idea where it is or who has it, there's no great paperwork trail in the case tracking it, and you're supposed to keep that thing securely stored when not in use, so if the Garda misplaces it and it's later used in a post office robbery (which we know has happened in the past in a specific case), who's liable?

    Reading through this thread bring back so many stories recanted to me at military shows I display at and instances the happened to myself.
    Displaying at a show in Wells house Wexford a few years back and nice couple were talking to me about a brown bess I had on display, they had something like it except shorter with a sword thing on the end, it had been in her family for many years. What she described to me sounded very like a baker rifle, an original baker rifle with it's sword bayonet and a gard told them without a liscence it had to be turned in, I explained as it's an original antique muzzle loader they were exempt. I asked if that gard had seen€5000.00 just sitting on their mantle peice and told them to hand it over would they? Either this gard was unfamiliar with the legislation and decided to confiscate this piece or he knew exactly what he was looking at and gambled the couple weren't up on legilation and made off with a very nice and expensive piece of history. Either way that couple were gutted.


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


    I explained as it's an original antique muzzle loader they were exempt.
    wellllllll.....

    I mean, they ought to be. There is an exemption in the law for antiques. But like we've said here a lot over the years, there's no definition in the law for what an antique actually is in the law. The guidelines now have a mention of it, but the guidelines also tell supers to do illegal things and have always had a dose of that, so they're not really something you could rely on in court.

    Basically, you *might* be grand, or the entire ton of bricks could land on you, and nobody has any way to tell you which of those it would be.

    Don't misunderstand me, lots of people will happily tell you one way or the other, but they won't be liable out there in the spectators' seating area if it all goes pear-shaped, and legally, absolutely nobody can actually give a definitive answer right now without talking out of their hat because the law doesn't nail it down and there's no case law interpreting this point in this context (and the nature of case law is that it tends to be very specific so you need a test case that rule on the exact point of where the dividing line between antique and non-antique is, without doing something stupid like saying "if it's of historical significance" or some other dodge from a hard objective answer into "erra, it depends" territory).


  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    I see plenty of older firearms in catalogues in antique auctions and often wondered how they could be sold, and bought. Not just old muzzleloaders, but the likes of old .303's and webley revolvers.


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


    Well, I walk past people in the Jervis St. Shopping center handing out flyers and stuff for paintball every day of the week. Doesn't mean it's legal, just that nobody's enforcing the law, which are wildly different things, and all it takes is one bored Garda and you'd be in court.
    Lads selling what they think of as antiques in auctions and the like are in exactly the same category. And they'll be absolutely grand, right up until they're not.

    first-law-of.jpg


  • Registered Users, Registered Users 2 Posts: 267 ✭✭judestynes


    Antique firearms are exempt from the provisions of the Firearms Acts provided they are
    held as ornaments or curiosities. In the absence of a definition for an 'antique' firearm,
    Ballistics section at Garda H.Q. applies the 'Pre Unitary Cartridge' rule which appears to
    conform to international standards. Unitary cartridge ammunition consists of a cartridge -
    usually metal which contains the primer - the propellant and the bullet within it. Modern
    reproductions of antique firearms are not exempt from firearms legislation.
    Some people will occasionally wish to purchase an old or antique firearm, or one which
    is valuable because of its historical significance, for no reason other than as an
    investment. This may sometimes be regarded as 'good reason' having regard to all the
    circumstances, and if capable of being fired, these firearms will require a firearms
    certificate.

    Just going back on the thread about the new guidelines "pre unitary cartridge" would refer to a muzzle loader that's a pretty fair assumption, as for antique cartridge pieces if they're capable of being fired they need to be liscenced so no more collecting obsolete calibres even if you had obsolete's they need to be liscenced now. Buying these pieces as an investment is a bit of good news though, wonder how this would fly with the FO in my district??


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


    Again, like we've been saying for years, this all sounds great, but it is not the law. And that means it is not a legal defence you should rely on in court in any sane world. Because while we've heard that bit above before, we've heard other, mutually exclusive definitions for what an "antique firearm" is from other sources, whether those sources be the Gardai or the 1995 Finance Act or statements by then-Minister O'Donohue or other official sources such as the EU. As I said, this has come up before:
    Sparks wrote: »
    We don't actually have an official legal definition in Ireland of when a firearm is considered an antique :(
    Or more accurately, we have several, all mutually exclusive or mostly so, and all from different places, with no clear idea of which wins.

    It's come up a few times before:
    http://www.boards.ie/vbulletin/showthread.php?p=87373749
    http://www.boards.ie/vbulletin/showthread.php?p=81072893
    http://www.boards.ie/vbulletin/showthread.php?p=79840159
    http://www.boards.ie/vbulletin/showthread.php?p=56385649
    http://www.boards.ie/vbulletin/showthread.php?p=54077847


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


    gunny123 wrote: »
    I see plenty of older firearms in catalogues in antique auctions and often wondered how they could be sold, and bought. Not just old muzzleloaders, but the likes of old .303's and webley revolvers.

    Any I've handled have been butchered.
    For example, a nice looking Spencer-Bannerman pump action shotgun appeared in a local antique auction house.
    Looked great, you could cycle the action and the trigger and re-cocking lever both worked and the rolling/pivoting block cycled down and flipped up as it should.
    But.
    The magazine tube was crimped, the magazine follower was welded in the end of the tube, the magazine tube itself was welded to the action, the barrel had been cut longtitudinally with an angle grinder for more than the lenght of the chamber, directly above the mag. tube and the face of the pivoting block/bolt was welded up fusing the firing pin to the block.

    And all this in a gun that can only use 2 and a half inch black powder cartridges.


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


    I've seen that carry on of bothering the elderly and not knowing the value of a deceased firearm being harrassed to hand it in or sell it to a Garda member for a few hundred quid as it "isnt worth more,and I'm doing you a favour".

    Except, in this case, it was a high-value German shotgun that a local Garda down in the Sthn part of the country had his beady on and only was waiting to get his rat claws on as well:mad:.He harassed the poor woman who didn't know the butt from the barrel of the gun, and had only buried the husband and a few weeks before.
    Threatning her with all sorts of legal problems of having an unlicensed gun and that she would have to put it in storage where it would cost hundreds of euros etc.BUT of course, she could sell it to him for a few quid and the matter would be sorted.
    She had the good sense to take it to a local firearms dealer who informed her of its correct value, something like the tenfold from what Garda Langer was offering, and she promptly sold it to the dealership.:D

    Wonder how many of those kinds of stories have been here without a happier outcome around the country?

    "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 "



  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    A Neighbour of an uncle of mine, years ago, decided to take up shooting. He was a young guy with a young wife, they just has their first child. He had a well paying job, which was unusual at the time, mid-80's.

    So he bought a brand spanking new anschutz sporter, one of the 1700 series rifles.

    Not long after he was diagnosed with cancer and went in no time, poor fella. A couple of weeks after the funeral, a squad car pulled up and two bucko's got out, went to the door and told the widow she was in illegal possession of a firearm, what does she do ? Hands out the new anschutz to them, it could not have been more than 6 months old.
    A relation of hers knew the value of the rifle and went to get it back, or value of. No trace of that rifle could be found.


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


    A friends father used to butcher afew pigs every year on his farm.
    He has an ancient and horrendously neglected Harrongton & Richardson single barrel, but alway preferred a rifle to dispatch them.
    The local Sargent and him was very pally, and when tje time of year came around, he would drop out a rifle and a few rounds so the pigs could be shot.
    This would be whatever gun was "resting" in the station.
    He'd collect the rifle in a couple of weeks, and a parcrl of bacon for his trouble.
    I know this because when that Guard retired, I was called upon to do the shooting.


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


    This is a story told to me by the late Mr Phillip"Midlander/Plus twos" Lawton who wrote for ISD and various shooting mags around these isles. So I have no way of verifying its truth or accuracy anymore.

    But this tale involved the family of a well known Irish born polar expedition leader's family wishing to sell his firearms, or donate them in the 1980s to a UK museum. They were 1972TCO'd guns, and they had the receipts and documentation of ownership.

    The guns were unfindable and much consternation ensured in finding them. As rumblings of legal action was ensuing. The barracks the length and breadth of Army and AGS were turned upside down to find these guns

    It turned out a then Garda Sgt who made it to Super at retirement and was a
    gun fancier with access to the armoury where these guns were kept, decided that they would be nice in his own gun cabinet, along with a couple of nice Lugers and Mauser broom handle models too from the TCO collection.:eek:

    As shure no doubt these guns would never be seen again by their owners as they were dying or dead or emigrated and the Irish Gubmint was never going to let the Irish people have guns like them again ...Why not?

    Was apparently a major scandal up in the Park that was hushed up big time back then,as a few other bits of Irish citizens property, had grown little feet and went AWOL when an inventory was done :(

    I would hope this is an archetypical story,as it would reflect badly on both security and the integrity of the servants of the state who took it upon themselves to look after our property for us all those years ago... But I somehow doubt it:(

    "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 "



  • Closed Accounts Posts: 1,611 ✭✭✭gunny123


    Grizzly 45 wrote: »
    This is a story told to me by the late Mr Phillip"Midlander/Plus twos" Lawton who wrote for ISD and various shooting mags around these isles. So I have no way of verifying its truth or accuracy anymore.

    But this tale involved the family of a well known Irish born polar expedition leader's family wishing to sell his firearms, or donate them in the 1980s to a UK museum. They were 1972TCO'd guns, and they had the receipts and documentation of ownership.

    The guns were unfindable and much consternation ensured in finding them. As rumblings of legal action was ensuing. The barracks the length and breadth of Army and AGS were turned upside down to find these guns

    It turned out a then Garda Sgt who made it to Super at retirement and was a
    gun fancier with access to the armoury where these guns were kept, decided that they would be nice in his own gun cabinet, along with a couple of nice Lugers and Mauser broom handle models too from the TCO collection.:eek:

    As shure no doubt these guns would never be seen again by their owners as they were dying or dead or emigrated and the Irish Gubmint was never going to let the Irish people have guns like them again ...Why not?

    Was apparently a major scandal up in the Park that was hushed up big time back then,as a few other bits of Irish citizens property, had grown little feet and went AWOL when an inventory was done :(

    I would hope this is an archetypical story,as it would reflect badly on both security and the integrity of the servants of the state who took it upon themselves to look after our property for us all those years ago... But I somehow doubt it:(

    I heard that story too years back, shameful carry on.


  • Registered Users, Registered Users 2 Posts: 5,500 ✭✭✭tac foley


    I might have told this tale before, and if so, I'm sure that the PTB will haul it off. There were any amount of rumours back in the late 90's, of senior police officers here in UK with their own 'collections' of handguns that had been handed in at the '97 handgun ban. Whether or not there was any truth in them is open to conjecture, of course, but the old saw about smoke and fire would seem to hit the mark, as a number of serious court cases proved.

    So, back to 1997 here in mainland UK, where the ordinary Joe and Joette had to hand their cartridge-firing handguns in after the appalling tragedy of Dunblane, the previous year. A pal of mine, who worked for an experimental machine shop in our local town, was part of an R&D team developing micro water-jet cutting for various materials, including such stuff as carbon fibre and exotic metals.

    He only had one pistol - his pride and joy - a Colt Gold Cup in .45ACP. I wasn't there to see him hand it in to the officer behind the counter, but from him the conversation went something like this -

    Him - Here's my pistol and here's my FAC. You can take them both.

    Police Officer [hereafter PO] - just let me check the serial number against our records and the FAC.

    Him - They should be the same, after all, you issued the FAC...

    PO - Doesn't hurt to check, y'know...

    Him - Like you've had a couple of hundred Colt Gold Cups handed in, right?

    PO - Now, now, Sir, I know this is stressful for you, but I'm only doing my job...

    Him - In that case, you'll be wanting to take care if you try and pick it up - use a pencil in the muzzle...

    PO, looking at him like he had grown another eye - Why would I do that?

    Him - I wouldn't like you to get hurt, OK?

    PO - What have you done to it? [looking slightly alarmed].

    Him - Try and pick it up, using the pencil in the muzzle, and you'll find out.

    The PO did as he suggested, and to his utter amazement, the gun came to pieces where the pencil inside the barrel ended. And so, too, did the rest of the gun when poked by the by-now astonished PO. 'What the *** have you done to it?' he cried out...'Well, since it was my property at the time, I thought I try out our new micro-bore water-jet cutter on it, and I've cut it into 120 slices - just like a sliced loaf. I'd like to see you flat-foot b*ggers shoot THAT in your spare time!

    So saying, he gave the finger to the CCTV and walked out, not happy, but strangely satisfied.


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


    WELL PLAYED that Man!!:D:D:D
    Must have had some Irish Celtic warrior DNA in there.As it was the greatest shame for our Celtic ancestors to either surrender their weapons intact or hand them to their victors. Remember Vercingetorix the Gaul throwing his swords and armour at,[and maybe on]Ceasers feet after his defeat at Alesia? Or why some family crests here have arms holding broken swords and spears?

    Be a plan of mass defiance if ever a gun ban came in here.:(

    "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


    Nekarsulm wrote: »
    Any I've handled have been butchered.
    For example, a nice looking Spencer-Bannerman pump action shotgun

    And all this in a gun that can only use 2 and a half inch black powder cartridges.

    The "Mossberg/Mavericks" of their day...About 800 to 1200 usd value. Have more historical value than dollar value.:(

    "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: 267 ✭✭judestynes


    Grizzly 45 wrote: »

    Be a plan of mass defiance if ever a gun ban came in here.:(

    A better plan is just don't give them. ( as I type this Rick Astley just popped into my head) added to the list of things never gonna give up :P


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


    Grizzly 45 wrote: »
    Remember Vercingetorix the Gaul throwing his swords and armour at,[and maybe on]Ceasers feet after his defeat at Alesia?
    Jaysus, was that John Vercingetorix from ballygofermot? Grand lad he was, shure he always got his round in. I remember talking with him about yer wan from up the ways there and her lad like it was only yesterday. Tall fella, wasn't he, with that funny left eyebrow? What's he up to these days?


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


    Grizzly 45 wrote: »
    The "Mossberg/Mavericks" of their day...About 800 to 1200 usd value. Have more historical value than dollar value.:(

    I like things with peculiar mechanisms!
    I dont know what shape the man who owned it was, arms the lenght of a 12 year old, and a neck like a giraffe!
    There's 5 inches of drop on the stock.


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


    Sparks wrote: »
    Jaysus, was that John Vercingetorix from ballygofermot? Grand lad he was, shure he always got his round in. I remember talking with him about yer wan from up the ways there and her lad like it was only yesterday. Tall fella, wasn't he, with that funny left eyebrow? What's he up to these days?


    You owe me a new computer screen! A mouth load of coffee went down the wrong way and was projected Regan like at it from laughing,choking and trying to inhale at the same time.:D

    "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 "



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