Looking for specific bits of the Firearms acts

Uinseann_16

Hi all, ive been having a bit of trouble finding extracts from the firearms acts to bring to a meeting with my super to educate him on certain things as this meeting is the last stop before court. Alot of the links on here and that i had are broken or not working so i cant find what im looking for
I wont go into too much detail on the particulars lads as ive already seeked legal advice and will be bringing him to court if this meeting breaks down, essentially the super has taken a severe disliking to my young age.
If i do not bring him to court i am confident if i let him away with this it will effect other young shooters in my district so ill be taking the case on principal and for the benefit of other younger shooters.
-Anything in the acts thats means he cannot discriminate based on age once i am older than 16
-The requirement for a decision to be made within three months and the legal requirement for him to give that decision in writing
-Grounds for refusal
-Proof of good reason etc.(which i have more than enough of ive bent over backwards already)
Anything that could prove useful in my attempt to sway him away from a costly court case which i want to avoid if possible

Cass

Uinseann_16 wrote: »

....... to bring to a meeting with my super to educate him on certain things ..........

I'd start by suggesting you don't go in with that confrotational attitude.

While we see silly mistakes and stuff that is not legally required in relation to firearms and licensing Supers and Chief Supers are not fools and while they may not know all the firearm Acts and SIs (i'd say there aren't ten people in the whole country that do) they don't need educating as much as persuaded to change their minds.

That is not me chastising you but i've seen lads, personally, go into meetings with similar attitudes and they loose. Go in calm, informed, polite, armed with your paperwork and be firm and you will get much further than going in with an emotive and confrontational attitude.

.... as ive already seeked legal advice .....

That is the best thing you can do. Better than any opinions, advice or ideas you'll get from me of others. However it's no harm to ask for input.

-Anything in the acts thats means he cannot discriminate based on age once i am older than 16

There is nothing in the Acts that say he cannot discriminate against you, in those exact words. The acts only deal with who can apply, the legal age for licenses, and other criteria a person must meet in order to be able to apply.

In your case its the age thing so the only relevant bits regarding age would be (and i'm only listing them, not saying they apply to you):

• Section 2(a)(2) regarding firearm training license which states anyone under 16 years of age must have the permission of a parent or Guardian. As you're over 16 it's irrelevant to you.
• Section 3 (parts 1 - 15) deal with all criteria to be met, the fees, waiting times, etc. but none of it refers to age.
• Section (8)(1)(a) says anyone under 16 is dis-entitled to hold a firearms certificate.

-The requirement for a decision to be made within three months and the legal requirement for him to give that decision in writing

Section 3(9) & 3(10) states:

1925 Firearms Act as amended wrote:

(9) A decision on an application for a firearm certificate or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

(10) Where the application is refused, the applicant shall be informed in writing of the refusal and the reason for it.

-Grounds for refusal

I assume you're asking why the Super may be able to refuse a firearms license. Section 8 of the firearms act covers all this. If that is the case then a Superintendent may cite any, but not limited to, of the following reasons:

1. Intemperate character - History or habit of being easily angered, prone to anger/violence, acts of anti social behaviour, etc. IOW someone who is quick to light, and not calm/level headed. This reason covers a multitude of reasons and it's why i said at the start to go in polite, calm, and mannerly.
2. Under 16 - Self explanatory.
3. Disentitled - This is when someone cannot even apply for a firearm. It has many aspects so here are a few:
   • If you have served a prison sentence for an offence under the Firearms Acts 1925 to 2006 , the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005
   • An offence under the law of another state involving the production or use of a firearm and the sentence has not expired or it expired within the previous 5 years.
   • Any person who is bound by a recognisance to keep the peace or be of good behaviour.
   • Any person not ordinarily resident in the State (except a person who is temporarily so resident) for a period of 6 months before applying for a firearm certificate
4. Mental health - While not a guaranteed refusal if you have a history of mental health issues you may be interviewed and refused or simply refused if the Super believes you are unfit to hold a firearm.
5. Physical health - If you have an illness that precludes your ability to safely handle and own a firearm.

-Proof of good reason etc.(which i have more than enough of ive bent over backwards already)

Section 4(2)(a) states that an applicant must, among other criteria, show good reason for needing the firearm.

If you are asking what constitutes good reason it's a question no person can perfectly answer as the decision as to whether the reason is deemed good enough is down to the Super.

Your good reason is the reason why this type of firearm is needed and in the case of a restricted firearm why a non restricted firearm could not serve the same purpose.

• If you say target shooting you must be a member of a target range.
• If you say hunting you must produce land permissions or gun club membership.
• If deer hunting produce a deer stalking license

.

I need not go on, you get the point. However good reason is not the only criteria. You must also show you can safely handle the firearm and ammunition. Previously licensed or a competence course shows this.

Anything that could prove useful in my attempt to sway him away from a costly court case which i want to avoid if possible

Its impossible to help you properly without knowing the details. I'm not asking you to disclose them here, and if it's going legal you cannot do so anyway. However to get answer that would be correct, and precise, more details are needed such as the grounds for this meeting. I already understand its surrounding a refusal or possible refusal but is it solely based on age, or has the firearm got something to do with it, or do you not meet the criteria for the type of firearm (not a range member, etc).