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More licensing restrictions?

  • 05-12-2023 11:19am
    #1
    Registered Users, Registered Users 2 Posts: 7,074 ✭✭✭


    Maybe more than a rumour.

    "Any firearm with a sight that uses a battery will need a restricted license"

    Anyone else hear of this?



Comments

  • Moderators, Sports Moderators Posts: 1,712 Mod ✭✭✭✭otmmyboy2


    Sounds like some Chinese whispers version of the night vision/thermal sights licencing change which now requires a restricted license.


    Well, technically always did but now is being enforced.

    Never forget, the end goal is zero firearms of any type.

    S.I. No. 187/1972 - Firearms (Temporary Custody) Order - Firearms seized

    S.I. No. 21/2008 - Firearms (Restricted Firearms and Ammunition) Order 2008 - Firearm types restricted

    Criminal Justice (Miscellaneous Provisions) Act 2009 - Firearms banned & grandfathered

    S.I. No. 420/2019 - Magazine ban, ammo storage & transport restricted

    Criminal Justice (Miscellaneous Provisions) Act 2023 - 2023 Firearm Ban (retroactive to 8 years prior)



  • Registered Users, Registered Users 2 Posts: 374 ✭✭delboythedub


    Would this include a sight with a illuminated reticle. ?



  • Moderators, Sports Moderators Posts: 1,712 Mod ✭✭✭✭otmmyboy2


    The rumor above would, yes. Pretty much anything battery powered, so red dot sights, holosights, scopes with one or more of - illuminated reticles, range finders, bluetooth connections, kestrel connections, etc.

    Basically most modern scopes. with anything but a glass etched reticle afaik.


    Thermal/Night vision would not include an illuminated reticle, and currently illuminated reticles do not require any licencing of any sort.

    Never forget, the end goal is zero firearms of any type.

    S.I. No. 187/1972 - Firearms (Temporary Custody) Order - Firearms seized

    S.I. No. 21/2008 - Firearms (Restricted Firearms and Ammunition) Order 2008 - Firearm types restricted

    Criminal Justice (Miscellaneous Provisions) Act 2009 - Firearms banned & grandfathered

    S.I. No. 420/2019 - Magazine ban, ammo storage & transport restricted

    Criminal Justice (Miscellaneous Provisions) Act 2023 - 2023 Firearm Ban (retroactive to 8 years prior)



  • Registered Users, Registered Users 2 Posts: 189 ✭✭TheEngineer1


    So they're going after BB gun attachments now too?



  • Registered Users, Registered Users 2 Posts: 569 ✭✭✭Munsterlad102


    A fella in my gun club got a letter from his local super about this a couple months ago.



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  • Registered Users, Registered Users 2 Posts: 879 ✭✭✭zeissman


    Probably just another super making up his own laws again.



  • Registered Users, Registered Users 2 Posts: 569 ✭✭✭Munsterlad102




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


    Another unenforceable bit of legislation even if they were thinking about this.


    night vision/thermal sights licencing change which now requires a restricted license.

    Well, technically always did but now is being enforced.

    Stick with me here a minute?

    The primary legislation for this is the 1991 Offensive Weapons Act where these sights are legislated as "firearms"?

    The categories of non restricted and restricted firearms came in 2006/08 in the CJMPA

    Both of these are statute legislation that requires a Dail amendment to change said act[s]?

    Can anyone point out where these acts have been changed to now categorise NV/thermal as Restricted firearms? Or under what ministerial action in the last 10 months changed this act under ministerial power and where we might find this action or Dail proceedings? Or by what authorisation are AGS now deciding and acting on these are "restricted firearms" and demanding they be licensed as such? Because I can't find anything in the legislation that has changed the primary acts, ministerial order to do so or anything else.

    Simply put.This looks like AGS exceeding their authority and acting contrary to the primary legislation of the OWA 1991.Unless that is changed they still have to deal with any applications and licenses under that act.

    What are we missing 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 "



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


    Sorry if I'm not following and taking you up wrong but are you saying that the NV (etc) classification as a restricted firearm is unlawful?

    The 1991 act lists them as firearms, as you said. The 2006 acts defines and amends the principle act with regard to restricted/non restricted status.

    There is no 2008 act (God I hope I'm right on that)

    There is an SI (statutory instrument) for 2008, no 21, which more clearly defined restricted and non restricted which was also amended by 337 of 2009.

    Statutory Instrument are orders designed to amend (for clarification, listing, etc) primary legislation without altering it. As the 1991 and 2006 acts already make this definition the SIs clarify which firearms are of what status.

    The two acts (1991 & 2006) do not stand opposed to each other and as they had to go through the full process of an act they are lawful. As such I'm not sure why you think they were amended and amended without proper "parliamentary procedure"!

    So help me understand your thinking. This is not a change in law but a case of existing law not being properly enforced or enforced at all. So what is unlawful about it.

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


    Not possible, must be just rumor.

    As normal scopes, even those with battery powered illuminated reticles, are not light amplifying.

    Even if such madness was being considered or tested, remove the battery, problem solved. Scope works just fine without a battery whereas a NV, IR, thermal, etc. will not function without power/battery.

    Besides would AGS really want to stir that hornets nest. Restricted firearms license for all scopes! The Chief Supers will love that as all their time will be taken up with applications for them.

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  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    There was no change to the law. They were restricted by the original relevant legislation.

    I'd assume it was just rumour/pub talk too.

    Possibly a super generalised "electronic light amplification" scope too broadly, or was unaware that other electronic scope exist. or maybe an applicated misunderstood "electronic light amplification" are simplified it for the pub talk



  • Registered Users, Registered Users 2 Posts: 189 ✭✭TheEngineer1


    The 2006 SI just says night vision/ thermal vision rifle scopes and silencers must be "authorised" by the Gardaí.

    I can't find a reference to "light amplifying" scopes or such in the 2008 SI.

    Its a bit open ended as to what authorised means. The scopes aren't defined as restricted or non-restricted. So what was wrong with getting the old "SE" stamped on the license for electronic sights the same as getting "S" stamped for silencers?



  • Registered Users, Registered Users 2 Posts: 842 ✭✭✭tonysopprano


    CJA 2006, (https://www.irishstatutebook.ie/eli/2006/act/26/enacted/en/print#sec25)


    definitions, “ firearm” means—

    ,

    (f) any article which would be a firearm under any of the foregoing paragraphs but for the fact that, owing to the lack of a necessary component part or parts, or to any other defect or condition, it is incapable of discharging a shot, bullet or other missile or projectile or of causing a shock or other disablement, as the case may be,

    (g) except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:

    (i) telescope sights with a light beam, or telescope sights with an electronic light amplification device or an infra-red device, designed to be fitted to a firearm specified in paragraph (a), (b), (c) or (e),

    (ii) a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and

    (iii) any object—

    (I) manufactured for use as a component in connection with the operation of a firearm, and

    (II) without which it could not function as originally designed,


    THEREFORE, all the above must be licenced

    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



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


    TheEngineer1 - Its a bit open ended as to what authorised means. The scopes aren't defined as restricted or non-restricted.

    It's not open ended at all .

    The problem with the firearm acts is the way they are "spread out". It is why everyone and their Granny has been calling for a complete restatement of them for years (decades almost).

    You cannot point to one specific act or SI a lot of the time for an answer, and this is the case with these sights. At the risk of repeating myself:

    1991 offensive weapons act states any sight with light amplification capability designed to be fitted to a firearm, is a firearm. Section 4(g) iirc.

    2006 act defines authorisation of such firearms as being restricted and unrestricted. Authorisation is granted for any firearm in the form of a firearms license.

    SI 21/2008 lists what is unrestricted, and everything else is restricted.

    SI 337/2009 further clarifies this as well as amending errors (such as making suppressors restricted in the 2008 SI).

    Such sights are not listed in section 4 of the SIs (either 2008 or 2009) hence they are classed as restricted. In the same way as a semi auto centre fire rifle was not listed, so is therefore restricted. The same as a 50 cal is not listed and so is restricted. Yet no one questions their status as a restricted firearm (albeit for good reason as they're actually a firearm and not a scope, but that debate is for another thread on another day).

    This is not a "told ya" moment, but I've been saying for years that all the above has been the law for many years, and I'm not the only one. The , then, new Garda Commissioner mentioned on page 41 of the updates guidelines that anyone seeking such a sight should apply for it when applying for the firearms as subsequent applications will incur a fee of €80 (he also spoke in the same manner on suppressors).

    People didn't listen then, perhaps they will now.

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  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    The fact there is no reference to "light amplifying" scopes or such in the 2008 SI is pretty much the point. You might need to re-check the wording.

    The scopes aren't defined as restricted or non-restricted. 

    They are defined as restricted.



  • Registered Users, Registered Users 2 Posts: 257 ✭✭dalalada


    What about PEQ, DBAL and NGAL devices



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


    The word TRITIUM and Occuled Eye Gunsight [OEG] or any sight with a radioactive glow-in-the-dark aiming reticle make this idea a moot point.

    "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 "



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


    Please understand, I'm not an authority on these devices, nor IR, nor thermal, nor NV, etc. I've never owned one, used one, and have only "Google" knowledge of them.

    My comments above and henceforth are opinions based on how the law is written.

    That being said the devices you listed are the laser designators you see on TV. They are not a dedicated telescopic sight and seemingly have not the capacity for light amplification in that they will not increase the visibility of quarry or targets (open to correction on their functionality).

    So as with the add ons, and again an opinion, I believe the practice of them requiring a restricted license is an error as they do not meet the legal definition of a telescopic sight designed to be mounted to a firearm, well not completely.

    They can be used in conjunction with a normal telescopic sight, but not without one whereas a dedicated telescopic sight (with magnification, cross hairs, elevation/windage adjustment, etc) fulfills all these requirements.

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


    SI 21/2008 lists what is unrestricted, and everything else is restricted.

    Back to front there. It lists everything that's Restricted, and oddly there is no mention of NV in any shape or form in there.

    SI 337/2009 further clarifies this as well as amending errors (such as making suppressors restricted in the 2008 SI).

    EH? That defines what are legal pistols are under that Aherne creature.No mention of NV or anything else in that act


    Such sights are not listed in section 4 of the SIs (either 2008 or 2009) hence they are classed as restricted.

    This above is the crux. It's a proven point in law that if you don't include or define something in an act as far as I understand,it can't be legislated without an amendment adding such to the act or judged on in a court. IOW How can AGS claim these are now "restricted firearms" when there is no mention of them whatsoever in the SI 21/2008 to make them restricted? And under what authority of the laws do they now have the right to demand them to be relicensed as restricted as they are not mentioned in any act post the Offensive Weapons Act 1991. This is the thing I don't understand.

    As you said Its all over the legal law shop these acts.so maybe I'm missing something that is pertinent here?

    In the same way as a semi-auto centre fire rifle was not listed, so is therefore restricted. Well, they are but because they didn't make a definition between civilian SACF and "assault rifles" and lumped them together in the act and perceived all SACFs as "assault rifles" IOW a Remington model 7400 semi-auto deer rifle is the same in their eyes as an M16.

    assault rifles” means—

    (a) rifles capable of functioning as semi-automatic firearms and as automatic firearms,

    (b) firearms that resemble such rifles;

    And “semi-automatic firearms” means firearms that reload automatically from a magazine or cylinder each time a round is discharged but can fire not more than one round with a single pull on the trigger

    The same as a 50 cal is not listed and so is restricted. Yet no one questions their status as a restricted firearm

    Simply because that was defined in the SI 21 2008 by its calibre (i) single-shot or repeating rifled centre-fire firearms of a calibre not exceeding 7.62 millimetres (.308 inch) and whose overall length is greater than 90 centimetres,

    Not trying to trip you up or anything with the above examples,but it just shows how we can all read this differently and come to differing conclusions.

    "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 "



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


    @Grizzly 45 - Back to front there. It lists everything that's Restricted, and oddly there is no mention of NV in any shape or form in there

    Nope. From the SI:

    "4. (1) Firearms other than those to which subparagraph (2) relates are declared to be restricted firearms for the purposes of the Act"

    As for "mentioning" NV (which from here on I will use to encompass the whole spectrum of such devices), it doesn't have to as the 1991 act defines them and an SI cannot alter primary legislation only amend meaning the SI by not listing such scopes in section 4(2) has deemed them to be restricted.

    @Grizzly 45 - EH? That defines what are legal pistols are under that Aherne creature.No mention of NV or anything else in that act

    I know. I said so above that it amends SI 21/2008!

    @Grizzly 45 - This above is the crux. It's a proven point in law that if you don't include or define something in an act as far as I understand,it can't be legislated without an amendment ...

    An SI is NOT an act and the definition of these devices is covered in the 1991 offensive weapons act. The SIs merely define restricted/unrestricted and the scopes are not included in the unrestricted categorisation therefore are restricted.

    Do you see semi auto centerfires listed in the SIs? How about 338 Lapua magnums or 50 cals? Are they therefore unrestricted?

    @Grizzly 45 - Cass- In the same way as a semi-auto centre fire rifle was not listed, so is therefore restricted.


    Grizzly45 - Well, they are

    No they are not. What you quoted above is the definition of semi auto and assault rifle, but the only mention of semi auto in section 4(2) is with regard to rimfire. As semi auto centre fire are not listed, they're restricted. Semantics aside (assault rifle Vs semi auto).

    @Grizzly 45 - Simply because that was defined in the SI 21 2008 by its calibre (i) single-shot or repeating rifled centre-fire firearms of a calibre not exceeding 7.62 millimetres (.308 inch) and whose overall length is greater than 90 centimetres,

    So where does it say .50cal? Specifically as you seem to think it must with NV. It doesn't. It eludes to anything over a certain caliber as restricted which makes the 50 cal restricted without specifically naming it.

    Same with NV scopes. They are not specifically named in the SI in section 4 as unrestricted, and again the 1991 act defines them as a firearm, so therefore they are restricted.

    @Grizzly 45 - Not trying to trip you up or anything with the above examples,but it just shows how we can all read this differently and come to differing conclusions.

    Sorry but no, absolutely not. With the exception of the status of handheld units or an add on, the law is clear in this matter as I've quoted and outlined numerous times in this thread. The 1991 act defines them, the 2008 SI makes them restricted.

    It's as simple, as black and white, as can be which is odd for firearm laws.

    I'm utterly lost as how you don't grasp this. The principle firearms act is from 1925 and is amended by all the subsequent acts and SIs since but it's still the primary legislation. The 1991 act still stands and has not been repealed so I fail to see why you are focused on an SI and ignoring what the 1991 act is also telling you.

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  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    Back to front there. It lists everything that's Restricted...

    No it doesn't. It defines restricted restricted firearms by listing non restricted firearms, all other firmarms are restricted, including NV scopes.

    It's a proven point in law that if you don't include or define something in an act as far as I understand,it can't be legislated without an amendment adding such to the act or judged on in a court.

    No, that's not a proven point in law. Where something is ambiguous, a lack of a definition could be challenged (eg the Tractor case). But the vast majority of words in legal text are not defined in law, and the common understanding applies. But that's moot here, and NV scopes are defined as firearms in law.

    IOW How can AGS claim these are now "restricted firearms" when there is no mention of them whatsoever in the SI 21/2008 to make them restricted?

    They are not only now restricted, they have been restricted since the 2008 SI. T

    Simply because that was defined in the SI 21 2008 by its calibre (i) single-shot or repeating rifled centre-fire firearms of a calibre not exceeding 7.62 millimetres (.308 inch) and whose overall length is greater than 90 centimetres,

    That definition does not include 50cal though. "...not exceeding 7.62 millimetres". Which is precisely the point. The fact they are not includes by that definition is why they are restricted. NV is not included in the list of non-restricted firearms, therefore it is restricted (as there were previous defined as firearms, legally)



  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    They would not be included. My understanding is that they are basically laser sights/illuminator combos to use with NV goggles. They are not scopes.

    Using a illuminator with a NV googles would be fine. But using one with a dedicated NV scope, not fine, but the scope is the issue.



  • Registered Users, Registered Users 2 Posts: 569 ✭✭✭Munsterlad102


    If NV scopes are restricted firearms, then wouldn't a super not be able to license or authorize them? And then, someone who has been authorized by a super instead of a chief super be in possession of an unlicensed firearm?



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


    If a Super issues authorisation in the form of a license for a "NV" unit, a restricted firearm, then it would stand void, immediately.

    It is, legally, no difference than a Super granting a license for a semi auto centre fire, centre fire pistol, etc.

    I do not know the intricate legalities of "passing down" the power from Chief Supers to Supers that would allow them to issue such a license but I have my doubts, if this is being done, as to it's legality.

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  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    Just my opinion, but in Restricted cases, as I understand it, the Commissioner can delegate the responsibility to a Chief Super. This is supposed to be done in writing. I think the 'writing' issue actually went to court some years ago (2011ish) so I'm not sure where that aspect stands at present.

    However, AFAIK, there is no process where a Super can issue a Restricted cert and no process where he can be delegated or be authorised to do so, ever.

    One point worth noting is that the application form, a Garda origin document, is set up in such a manner that an applicant can apply for an unrestricted firearm and also then tick a box for a sight. Therefore it could be argued that it is implied that this misinforms the applicant. In other words, it should be clear from the form that you cannot tick the unrestricted option and then tick the sight box.

    Furthermore, as the Superintendant is supposed to check / review the application, one could expect that the application would be returned for amendment or rejected in such cases.

    In summary, there is no deception by the applicant. If anything, it is the State that has caused confusion through the incompetent way the application form and process was put in place.



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


    I don't disagree with your opinion that this has caused, and will continue to cause, problems however your point about the form and how it should be made clearer (while completely valid and I agree with) is not necessary for AGS as section 3 of the firearms act states the onus is on the applicant to know what they should be applying for (license wise as appropriate for the firearm type).

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  • Registered Users, Registered Users 2 Posts: 842 ✭✭✭tonysopprano


    Where exactly in Sect 2, as finding it hard to locate?

    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    Agreed. You are correct the onus is always legally on the applicant.

    However, the law and the application process should not be unnecessarily confusing. In particular the application form should be crystal clear. Right now it is extremely misleading for any citizen just trying to comply with the law.

    No doubt, after reading this exchange and others, the option will be there, for the PTB to immediately amend the on line form. Failure to do so could of course potentially be seen as at best indifference to providing the correct process and ensuring that applicants can fairly understand the correct requirement.

    I've said before that there is also an onus on the State to basically make it reasonably easy for applicants to understand the requirements. Nobody should need to seek legal advice to fill out a publicly available form.

    Also, AFAIK, as an EU member state, The government should be under an onus to strive to make all legislation, and this is a perfect example, intelligible by the general public. This is an application for a firearms cert at the end of the day and not a planning application for a nuclear power plant.



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


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  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    He might have big fingers but its a bit off to call them fat...



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


    Again, I don't disagree. They were quick to change the form to include bullsh*t such as mag capacity, etc. but no one thought how to apply for a restricted firearm (nv scope) at the same time as an unrestricted firearm (actual gun).

    Does that now entail two separate applications and double payment (one for the rifle, one for the scope)?.

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  • Registered Users, Registered Users 2 Posts: 842 ✭✭✭tonysopprano


    If you can do the job, do it. If you can't do the job, just teach it. If you really suck at it, just become a union executive or politician.



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


    If you're looking for the word onus, you won't find it. It's a word I use.

    All of section 3 relates to criteria needed for an application and consequences for providing false or misleading information.

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  • Registered Users, Registered Users 2 Posts: 598 ✭✭✭slipperyox


    There are 4 canons of taxation.

    Go try to vrt particular vehicles.... and see the convoluted mess that ensues.

    It's all done on ambiguity, and on purpose for the states benefit.

    cf this!



  • Registered Users, Registered Users 2 Posts: 296 ✭✭keith s


    So, I have the NV scope and the new Restricted license for it (last year (rightly or not) I just got autherization on every rifle I wanted to use it on).

    This year, I completed a separate FAC1 for the NV. Included valid reasons and the make, model + serial number of the scope.

    I then completed the renewal for the rilfe and ticked the Sights box on that.

    The rifle is not restricted, but I am authorised to use the NV on that rifle, where the NV is licensed and restricted.

    So, I am licensed to use a firearm with a restricted firearm attached (where's the emoji for crazy face?).

    Anyway hope that clears up the question about the firearm licence being non restricted while attaching a restricted firearm to that firearm.



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  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    That seems the most sensible way to handle it. It’s not that complicated.

    same way if somebody was licensed to use restricted ammo, they could do so in their unrestricted firearm - for example



  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    I don't beleive that's correct. You can't use restricted ammo in an unrestricted firearm.

    If you have two shotguns for example, one restricted and one unrestricted, you could only use slugs in the restricted shotgun.

    The cert is specific to each firearm.



  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    We may be entering very hypothetical areas here. Because I do think restricted ammo lic. are handed out easily.

    But restricted licenses are specific, as you said. A restricted shotgun license is for that shotgun, it’s not permission to buy slugs (or grenades). By that logic a license to use slugs is specific to slugs.

    There no law that I’m aware of that says can't use restricted ammo in an unrestricted firearm. But maybe I’m



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


    Handed out easily? I've never heard of a restricted ammo license. Didn't know they existed.

    If you want to use slugs, which are restricted ammunition, then you must possess a restricted license. The only license I know that is mark restricted is a firearms license.

    As there is no restricted ammunition license solely to allow you have the ammo, you must apply for a restricted firearms license. So you could not use slugs in an unrestricted firearm.

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  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    I'm fairly sure there is nothing hypothetical. On the back of the cert (the conditions), it clearly states 'ammunition therefor'.

    Therefor (not therefore) clearly indicates 'for it or for that' in this context. In other words for that firearm specified on the cert and not for another one.

    Ammunition in it's own right is not a firearm under any definition. Not sure previsely how RFDs operate but you can't get a firearms licence, restricted or otherwise for ammunition unless you own a firearm.



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  • Moderators, Sports Moderators Posts: 1,712 Mod ✭✭✭✭otmmyboy2


    You can get an authorisation to collect ammunition, ie for the purposes of a display.

    This can cover both restricted and unrestricted ammunition.


    You can also have an unrestricted shotgun licenced concurrently with the above authorisation.

    However, if you use restricted ammunition in an unrestricted firearm it becomes a restricted firearm for the purpose of using restricted ammunition, ie you cannot use restricted ammunition in a firearm not licenced to use such ammunition.

    Same as inserting a >10 round magazine into a Category B firearm makes it a Category A firearm.


    An unrestricted shotgun cannot use restricted ammunition, and anyone who wishes to use, for example, slugs, needs to have a restricted firearms licence for the firearm in which to use those slugs.

    A restricted shotgun licence however does allow you to purchase and use restricted ammunition in that firearm, ie slugs.

    Never forget, the end goal is zero firearms of any type.

    S.I. No. 187/1972 - Firearms (Temporary Custody) Order - Firearms seized

    S.I. No. 21/2008 - Firearms (Restricted Firearms and Ammunition) Order 2008 - Firearm types restricted

    Criminal Justice (Miscellaneous Provisions) Act 2009 - Firearms banned & grandfathered

    S.I. No. 420/2019 - Magazine ban, ammo storage & transport restricted

    Criminal Justice (Miscellaneous Provisions) Act 2023 - 2023 Firearm Ban (retroactive to 8 years prior)



  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    Typo above, was supposed to say NOT handed out easily. By not easily, I don't know if they are handed out at all for that purpose. But legally the pathway exists. I haven't suggested that a restricted license was not required for slugs.

    As there is no restricted ammunition license solely to allow you have the ammo, you must apply for a restricted firearms license. So you could not use slugs in an unrestricted firearm.

    Correct, you mush possess a restricted license for slugs. But the sentence in bold is not a logical conclusion from that. You can possess a restricted license and a unrestricted license concurrently. A restricted license can also authorise the use of restricted items as required. I don't believe any law says otherwise, but I could be wrong. I'm going from memory and have not memorised the act.

    I would assume that an authorisation to collect is specific to collection and would not imply an authorise to use said ammo.

    However, if you use restricted ammunition in an unrestricted firearm it becomes a restricted firearm for the purpose of using restricted ammunition, ie you cannot use restricted ammunition in a firearm not licenced to use such ammunition.

    It becomes a restricted firearm and requires a restricted license. I haven't suggest otherwise. But I am suggesting that restricted license issued for restricted ammo, could contain authorisation for use as required. Exactly as per @keith s restricted license for his NV unit.

    ie you cannot use restricted ammunition in a firearm not licenced to use such ammunition.

    Licenses are issued to persons for firearms, firearms themselves are permitted to be used within the terms a license.

    Same as inserting a >10 round magazine into a Category B firearm makes it a Category A firearm.

    A magazine is an integral part of a firearm, and one of the criteria that defines restriction. So a mag changes an unrestricted firearm into a restricted and a new license is obvious required. The wording of the SI does not treat ammo the same way as far as I am aware. If the firearm is authorised, and the ammo is authorised, then they can be authorised for use together. Again, as per the NV above.



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


    I'm not going to waste time trying to multi-quote stuff because it's a pain in the ass trying to do it with the mobile.

    You said above that restricted ammo license(s) are handed out easy. You say it was a typo, fair enough as its not germane to my point.

    What is a restricted ammo license? Never heard of one. Is is a "stand alone" license comparable to the NV license where it can be gotten without be attached to a license for a firearm?

    There are restricted firearm licenses which allow you to buy the requisite restricted ammunition but I've never heard of a restricted ammunition license.

    Hypothetical scenario;

    You purchase a restricted firearm, and apply for the requisite restricted license. This now entitles you to buy restricted ammunition such as slugs. You already hold an unrestricted shotgun on an unrestricted license. So now you have both a restricted license and unrestricted license.

    You take the unrestricted shotgun along with the restricted ammunition (slugs) and use the unrestricted shotgun to fire the slugs.

    Your belief is that this is legal?

    It's an interesting concept. My initial reaction is no, cannot be done, but upon thinking about it, I don't know. The restricted license allows you to be in possession and use the restricted ammo. The unrestricted license allows you to be in possession and use the unrestricted firearm. As the ammo is "tied" to the firearm solely for purchasing it, and you would in fact be in possession of all the relevant licenses, I cannot see how any laws would be broken.

    I suppose it's akin to having (example) two licenses for the same caliber firearms with a combined ammo allowance of say 500 (250 on each). Would you be in breach of your license if you were out with only one firearm but the full allowance of both licenses (all 500).

    The law does not, as far as I know or remember, demand that the firearm to which the ammo relates be used or even carried when in possession of the ammo. If you catch my meaning. Only that the requisite firearms license be held to purchase, possess, or use the ammo.

    Interesting!

    However the NV scenario is not the same in my opinion. You need a separate and "stand alone" license (which can be gotten) to own NV stuff regardless of whether you own a firearm or not.

    Unless there is such a thing as a stand alone license in the same vein for ammo (as asked about above) then you must get a restricted firearms license for the firearm which allows you to buy the restricted ammo. The firearm and ammo are symbiotic. A NV license does not need a firearms license as the NV has its own license (again if you follow my drift).

    My head hurts, it's late. To be continued 😁🥱

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  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    Well, unless somebody puts in a application for restricted ammo, it is very much hypothetical, which was my meaning.

    And yes, on a license it says that. And permits you to buy ammo (but not restricted ammo obviously) for that firearm. I not suggesting people can buy what they want.

    Not sure precisely how RFDs operate but you can't get a firearms licence, restricted or otherwise for ammunition unless you own a firearm.

    I don't believe that is correct. As mentioned above, you can be authorised to collect ammo. Some poster here used to. This means being able to purchase ammo. So the legal pathway exists. I'm saying that pathway could be used if the powers that be wished. I saying that's an easy argument to win with a Chief super however.

    Post edited by Cass on


  • Registered Users, Registered Users 2 Posts: 1,083 ✭✭✭freddieot


    Still not seeing hypothetical anywhere, on the back of the cert is says 'ammunition therefor'.

    The ammunition allowed is, due to that wording, for that firearm only. This is a condition on the cert.

    As regards two certs for the same calibre,if you have two .22s for example with 500 rounds on each licence then the total ammo you can have in your possession is 1000. You can carry all of them with you even if you only have one of your 22s with you, or neither firearm, as the ammo is still

    in your possession legally.

    If you own a restricted and an unrestricted shotgun there is nothing to stop you carrying slugs either, even if you are not carrying the restricted shotgun. However, I still maintain that you cannot use them in the unrestricted firearm. Possession is different from usage.

    I know people can be authorised to collect ammo, agent of a dealer for example. DHL collect ammo as well. However, I see no mechanism for anyone to get authority or be certified to possess any ammunition for their own use unless they are granted an actual firearms cert. If I'm wrong, and it would not be the first time, then can you explain the process.



  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    I'm not going to waste time trying to multi-quote stuff because it's a pain in the ass trying to do it with the mobile.

    Yeah, can only be bother to do it on the laptop. The mobile site is pretty clunky since the switch.

    You said above that restricted ammo license(s) are handed out easy. You say it was a typo, fair enough as its not germane to my point.

    As I said originally, it's all very hypothetical.  Because I do not think they are handed out easily, if at all. (missing word included this time 😉)

    There are restricted firearm licenses which allow you to buy the requisite restricted ammunition ...

    You purchase a restricted firearm, and apply for the requisite restricted license. This now entitles you to buy restricted ammunition such as slugs.

    That's how I understood it, but not having a restricted shotgun license, I don't know the ammo condition printed on a normal license is handled. as an aside, Does this cover all restricted ammo? Are restricted license holder approved (on paper only) all categories listed in paragraph (5)?

    You take the unrestricted shotgun along with the restricted ammunition (slugs) and use the unrestricted shotgun to fire the slugs.

    Your belief is that this is legal?

    No, that's not quite what I was saying. My initial reaction would be the same as you and that it can't be done. But I completely agree with your logic there, and can't see what laws would be broken.

    I was suggesting that a person could be authorised to uses them in that firearm. And yes I believe that authorisation would require a separate firearms certificate. In that way, like how a shooter is authorised to use a restricted NV unit.

    That would of course require the powers that be to agree that you have a reason to use them. A whole other game that.

    Unless there is such a thing as a stand alone license in the same vein for ammo (as asked about above) then you must get a restricted firearms license for the firearm which allows you to buy the restricted ammo.

    A separate license would seem easiest. It's also possible that such a license would cause N/A errors "on the system".

    Imagine the alterative scenario. Shooter goes to the the Super, explains his situation and his "good reason" for needing slugs. Super agrees with him, wants to authorise it, but can't unless the guy buys a restricted shotgun. Shooter points out that he doesn't need a pistol grip, a high capacity mag, a telescopic stock and that his trusty single barrel will do the job well. But Supers hands are tied, he has no ability to license it unless by buys a shotgun with those "higher risk" features he doesn't need. It would surprise me if it were that convoluted.

    I suppose it's akin to having (example) two licenses for the same caliber firearms with a combined ammo allowance of say 500 (250 on each). Would you be in breach of your license if you were out with only one firearm but the full allowance of both licenses (all 500).

    That's another kettle of fish. Is it confirmed anywhere that the amounts accumulate like that? Seems logical, but the wording is tricky.



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


    You missed a bit of my previous post where I ask about restricted ammo license(s). Are they a thing, where are they gotten, and how do you apply for one?

    With regard to applying for a restricted shotgun license just for the ammo, you don't have to go for a firearm with all those features.

    At the risk of being pedantic you firstly have to go to the Chief Super as the Super cannot issue any restricted license. You could seek a restricted license on a single barrel and explain that you wish to use slugs and as they are restricted ammunition you need the restricted license. The firearm doesn't have to have pistol grip, etc. as these are all feature that make a firearm restricted but are not prerequisites.

    The central point here, to me, is this restricted ammo license you refer to. I still don't understand it as I've never heard off one or seen one. If this sort of licence exists then it changes things in that you could possibly have a restricted ammo license for the ammo and unrestricted firearms license for the firearm but as I believe there is no such thing as a separate ammo license (restricted or otherwise) that allows not only the possession but the use of said ammo then it's an exercise in fantasy, to a degree, for a scenario that can never happen.

    By the way if authorisation exists for collectors to have spent or even live ammo in their possession I would love to know if this allows the use of said ammo or merely just collection of it plus what form that collection/use takes.

    I believe and such authorisation would fall far short or the same authorisation granted through a firearms license to use/possess ammo.

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  • Registered Users, Registered Users 2 Posts: 39,904 ✭✭✭✭Mellor


    As above, I wasn't suggested a restricted firearm certificate is a free pass to use that ammo in any firearm, although as per Cass's post that thought is not without logic. I'm saying that the pathway exists for somebody to be authorised to use restricted ammo in itself. Also why I said hypothetical.

    Apologies if that wasn't clear.



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