Seizure of gun of person who has received protection from a protection order.

jackluke

Are all legally held guns seized when a protection order is issued, even the gun of the protected person

Peregrinus

Mmm.

I can see the policy issue here. If a protection order has been issued, somebody has obviously concluded that there's a risk or threat of violence being used by one member of the household against another. And if there are also guns in the house . . . well, you can see the problem.

The risk that the gun would be used in an act of violence doesn't really depend on who in the house owns the gun. It's absurd to suggest that, if I'm minded to shoot my intimate partner, and there's a gun to hand, I will be restrained by the consideration that the gun doesn't belong to me. So, any policy about guns in this situation is going to apply to all the guns in the house, without regard to who owns them. That seems basically reasonable to me.

The question is whether the guards have any power to impound a (licensed) firearm in this situation. I don't know the answer to that question. But, if they have such a power, I can't see them exercising it in relation to some of the guns in the house but not others, depending on who owns each gun.

jackluke

That would make sense but there are other considerations.

Is there legislation covering this?

Is it not being unfair to the gun owner to confiscate his gun because he is the one being intimidated.

Guns are not accessible to anyone but the gun owner , they are locked in a gun safe.

The gun owner has gone to some trouble to get a firearms license, then to have his gun confiscated without breaching the conditions attached to getting a licence.

The gun may be a necessary tool for vermin control.

If the Gardai seize the gun without a valid reason then it could not be sent to Templemore for storage and they would have to ring the gun owner and ask if he knew a gun shop that would store it.

If the gun owner rings a gun shop and the gun shop owner has never heard of this before , then the gun owner could present himself in a bad light as a liar.

Hypothetically , if the gun shop owner advised the gun owner to contact his solicitor then the gun owner might be correct to think that possibly his gun had been confiscated illegally.

I am just wondering if there is legislation covering this?

mikethecop

https://www.boards.ie/discussion/comment/121802437#Comment_121802437

Not a expert but dont think anyone else here is either so,

i believe that a firearms certificate is issued by the local superintendent and can be withdrawn at his or her direction, that said they tend to error on the side of caution when it comes to firearms as no one wants to be investigating a domestic murder or drying to deal with a DVSA incident when there are guns in the house along with heightened emotions,

Firearms arent supposed to be accessible but every gun safe has at least one key somewhere and aren't always properly secured, I ve seen a occasion where two brothers and father had firearms and one some developed sever cocaine and mental heath issues, all the guns in the house were re located to the house of a 3rd brother until further notice, seemed to make sense

Im not sure what they would send a firearm to templemore , a reg firearms dealer or retained in a local station with a storage facility is where the gun goes usually,

Firearms Act, 1925 (irishstatutebook.ie)

sections 22, 23 and 24 as well as 5, and 8 .

firearms regs are very very tight in Ireland