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Under 18yr Olds

  • 26-11-2018 3:11pm
    #1
    Registered Users, Registered Users 2 Posts: 433 ✭✭


    Quick query, I know that under 18yr olds can get a firearms certificate but a statutory instrument from 2010 forbids the sale of firearms to under 18yr olds. I assume that the minor can get a certificate on a firearm owned by as adult but can not have one themselves. Is this correct? I am aware of minors getting certs in the past on there own but the local Super has clamped down on this.


Comments

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


    Lmklad wrote: »
    Quick query, I know that under 18yr olds can get a firearms certificate
    Anyone of the age 16 or over can hold a full firearms certificate and hold a firearm. Under 16 to a minimum of 14 (and anyone over 16 if they wish) is a training certificate which requires the full licensee to be present.
    but a statutory instrument from 2010 forbids the sale of firearms to under 18yr olds.
    Remind me of this SI. Which one?
    I assume that the minor can get a certificate on a firearm owned by as adult but can not have one themselves.
    Yes they can. As said above if you're 16 or over you may have a full firearms license which allows you to possess, store and use a firearm unsupervised.
    Is this correct?
    Regarding the age, no, but cannot answer the issue surrounding the SI until you let me know which one you are referring to.
    I am aware of minors getting certs in the past on there own but the local Super has clamped down on this.
    Supers cannot supercede legislation which allows anyone 16 or older to possess a "full" firearms license.
    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: 4,777 ✭✭✭meathstevie


    Without seeing the SI and assuming what you're stating is correct it may well be the case that sales of firearms to under 18's are not permitted.

    That's not an impediment to an adult giving a firearm to a 16 year old or for a 16 year old to inherit a firearm. Once you're 16 you can apply for a licence in your own name.

    By the way, under 18's can strictly speaking not enter into a legally binding contract which the sale of goods is.


  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Thanks Cass and Meathstevie

    Cass you have misread my query. There is no impediment to an under 18 applying for a very which allows for the use, possession and carriage of a firearm but a cert is not permission to own. The S.I. I referred to is:

    Statutory Instrument No: 493 of2010;

    It shall not be lawful for any person to sell a firearm to a person under 18 years of age. Additionally, an application for a firearm certificate, where the applicant is under 18 years of age, shall be accompanied by the written consent of the applicant's parent or
    guardian.

    I’m assuming that an adult must successfully apply for a cert to allow the purchase in the adults name and the minor can apply for a cert which allows use while ownership remains with the adult?


  • Registered Users, Registered Users 2 Posts: 6,576 ✭✭✭garv123


    Lmklad wrote: »
    Thanks Cass and Meathstevie

    Cass you have misread my query. There is no impediment to an under 18 applying for a very which allows for the use, possession and carriage of a firearm but a cert is not permission to own. The S.I. I referred to is:

    Statutory Instrument No: 493 of2010;

    It shall not be lawful for any person to sell a firearm to a person under 18 years of age. Additionally, an application for a firearm certificate, where the applicant is under 18 years of age, shall be accompanied by the written consent of the applicant's parent or
    guardian.

    I’m assuming that an adult must successfully apply for a cert to allow the purchase in the adults name and the minor can apply for a cert which allows use while ownership remains with the adult?

    The adult must purchase the gun, the adult doesn't have to licence the gun, they just write a letter of consent for the child to licence it.


    I can buy 10 guns in the morning. Doesn't mean I can have them in my possession tho.


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


    Lmklad wrote: »
    Thanks Cass and Meathstevie

    Cass you have misread my query. There is no impediment to an under 18 applying for a very which allows for the use, possession and carriage of a firearm but a cert is not permission to own. The S.I. I referred to is:

    Statutory Instrument No: 493 of2010;

    It shall not be lawful for any person to sell a firearm to a person under 18 years of age. Additionally, an application for a firearm certificate, where the applicant is under 18 years of age, shall be accompanied by the written consent of the applicant's parent or
    guardian.

    I’m assuming that an adult must successfully apply for a cert to allow the purchase in the adults name and the minor can apply for a cert which allows use while ownership remains with the adult?

    As far as I understand it all it is perfectly legal for the adult ( which in most cases will be a parent anyway ) to then pass ownership in the form of a gift. How one sorts out the entitlement to use and possess ( cert + training cert or cert in minor's name ) is a different matter.


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


    Lmklad wrote: »
    Cass you have misread my query. There is no impediment to an under 18 applying for a very which allows for the use, possession and carriage of a firearm but a cert is not permission to own.
    Correct. Possession does not man ownership. It's why the VRC for your carr says the same. However An Gardaí don't care who owns it, only that the person in possession is licensed.
    I’m assuming that an adult must successfully apply for a cert to allow the purchase in the adults name and the minor can apply for a cert which allows use while ownership remains with the adult?
    Nope.

    As was said above i can buy 10, 15, 30, 100 firearms. They are then my property. The ability to possess or use them now rests with An Gardaí and my ability to license each firearm.

    We said the same thing to Minister Fitzgerald when she said she could ban certain types of firearms without a need for compensation. She did not understand the difference between ownership or property and the licensing of it.

    Put it this way. You get done for some driving offence. An Gardaí and Courts can take away your ability to drive by revoking your driving license, but the car is still your property.


    So apply that to the gun industry. Anyone under 18 goes into an RFDs with the license for their firearm and accompanied by their parent or guardian. The parent or Guardian hands over the money for the firearm and the person under 18 can now take it home as they are licensed for it.

    Also, and it seems pedantic but the law is very funny when it comes to wording, the SI says "any person". They don't refer to a registered firearm dealer, and they are discussed and referenced separately in all acts and SIs.

    So one could argue, however much it's right or wrong, that as long as the under 18 buys from an RFD they are within the Act and SI.
    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: 433 ✭✭Lmklad


    Thanks for all the replies guys. I’ll keep digging


  • Registered Users, Registered Users 2 Posts: 234 ✭✭cosieman


    I got my second gun as a 17 year old recently and got it no bother no asking for id or parents signature i am not aware of any law that someone over 16 but under 18 can buy a gun without their parents permission. I bought it by myself btw


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