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Substitutions

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  • 05-05-2022 10:17am
    #1
    Registered Users Posts: 151 ✭✭


    Lads can I ask if you have to hand in your old license when substituting one firearm for another...I can't find my license and my fo won't put through my application until I do . can't find it in the si anywhere that I have to do it



Comments

  • Registered Users Posts: 560 ✭✭✭Asus1


    I was never asked to do that and I've substituted on a substitute licence.



  • Moderators, Sports Moderators Posts: 28,465 Mod ✭✭✭✭Cass


    There is no requirement, no law and in fact the Commissioner's Guidelines specifically state NOT TO DO SO.

    Section 3(4) of the Firearms Act states that a Superintendent or Commissioner can request any and all additional information so as to process an application:

    Section 3(4) - The applicant shall supply in writing any further information that the Superintendent or the Commissioner may require in the performance of his or her functions under this section.

    However the firearms license authorises you to be in possession (and use) of the firearm. So when you substitute it you are "required" to hold onto your current license in case there is a delay, problem, change of mind, refusal (of the sub), etc. The Commissioner's Guidelines address this specifically saying the holder of the license should be the only one to destroy the "old" license upon receipt of the new one::

    Page 42 of the Commissioner's Guidelines, 4th paragraph, middle of paragraph:

    It should be noted that the original firearm certificate will cease to be in force but should only be destroyed by the holder following receipt of the newly amended firearm certificate carrying the details of the new firearm.

    The last thing I'd say is this. The FO is either a Garda that doesn't want the job or as per the Commissioner's directive a few years back, a civilian brought in to do the job to free up actual Garda resources. In either case they have no authority to refuse a license application, including a substiution.

    The only legal entitlement you have under the firearms act is the ability to apply (unless you are disentitled, which as a firearms owner you're obviously not). So even a Super cannot refuse to accept an application, you are entitled to apply.

    As such I'd be printing off the above extracts from the Commissioner's Guidelines and informing the FO to forward the substitution onto the Super for consideration. In other words give them one last chance to do their job. If they refuse then contact the station, outside/around of the FO, and make an appointment with a Sargeant, Inspector or someone above/over the FO and put forward the above and ask why the FO is acting outside the remit of their authority by refusing your application.

    I'd have said to contact the Super directly, and you can do so, but these things are usually below their "pay grade" and as such they wouldn't waste time with it, hence the recommendation to contact a Sargeant or Inspector.

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  • Registered Users Posts: 11,194 ✭✭✭✭Nekarsulm


    I did a substitution last year, traded in old gun for a different type.

    Left old gun with dealer on the day I filled up the paperwork in his shop.

    A few weeks later I got a call from a Garda in the station where the Super. works, asking me to drop in the licence for the traded-in gun.

    He said this was necessary as I no longer had possession of the gun, and necessary to allow the licence for the new gun to issue.

    I did so, and new licence arrived within ten days.



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