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24-11-2009, 16:17   #1
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Important & Useful Information / How to Appeal a Refusal / FCR Pre-populated renewal

Rather than have dozens of stickies, we're going to close and sticky this thread, with links to important threads, or just threads of interest to folks, and information that people will find useful. Hopefully that'll keep the forum a bit tidier. If you want a thread added to the list, just PM a mod.

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Last edited by Sparks; 17-06-2016 at 21:51.
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29-08-2010, 11:17   #2
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Firearms Licencing Information - Please read before asking about firearms licencing

A lot of people have been asking very similar questions on the area of renewing their existing firearms licences or applying for new firearms licences, because the new firearms licencing system has made such enormous changes to the process. So we have prepared this, just a single stickied post in order to centralise all the information we have so far on these areas.
  • Frequently Asked Questions on Licencing:
    Quote:
    POPULAR QUESTIONS IN RELATION TO NEW FIREARMS LICENSING PROCESSES
    • Q. What do I do when my current Firearm Certificate expires on 31st July 2009?
      A. Do nothing until you receive a letter from the Garda Commissioner which will extend your current firearms certificate for at least three months and a maximum of twelve months. This extension will be free of charge. You will be informed in the letter when you can apply for a new 3 year firearm certificate under the new legislation
    • Q. Will there be a limit on the number of firearms an individual may have licensed?
      A. There is no limit. However, new minimum security standards will now be required of holders of firearm certificates in relation to the provision of secure accommodation for their firearms. The level of security is dependent on the number of firearms certified to an individual.
    • Q. Who can apply for Training Certificate? What is the age limit? Can a trainee use any firearm?
      A. Any person over 14 years of age can apply for a firearms training certificate. The training certificate does not entitle the holder to actually own a firearm and the certificate can only apply to a non-restricted firearm. The person must always be under the supervision of a specified person over 18 years of age who holds a firearm certificate in respect of it. The training certificate shall continue in force for 3 years unless revoked.
    • Q. Where can I get a new application form for a Firearms Certificate and who do I apply to?
      A. All application forms that apply to the new firearms legislation can be obtained at any Garda Station or on www.garda.ie An application for a non restricted firearm certificate shall be made on form FCA1 to the superintendent of the district where the applicant resides. If the application refers to a restricted firearm, the superintendent shall forward the application to the chief superintendent of that division.
    • Q. How much is a new Firearms Certificate and what is its duration?
      A. All new firearms certificates will cost €80 and will remain in force for 3 years from the date it was granted unless revoked. The collection of fees will be outsourced to An Post and no money will now be accepted at Garda Stations for firearms certificates.
    • Q. Where can I get more information in relation to Firearm Licensing?
      A. The Garda Commissioner has issued Guidelines as to the practical application and operation on the firearm acts 1925-2009. These Guidelines should be read as an aid to recently enacted firearms legislation, in particular the Criminal Justice Act 2006 and the Criminal Justice (Miscellaneous Provisions Act) 2009. The Guidelines are available on www.garda.ie
  • A note on the transition between old and new licencing systems from the Department of Justice:
    Quote:
    As you know the new system starts tomorrow on 1 August 2009.

    The Garda Commissioner started issuing extension letters earlier this week to all existing licence holders and I understand that the new application form is up on the Garda website.

    A range of documents will be signed by the Minister tomorrow to give effect to the following
    • Two fees order (one for the outsourced fees and one on for the non outsourced ones);
    • Commencement Order for the remaining elements of CJA 2006 (28, 30, 32 and 33);
    • Commencement Order for substantial parts of Criminal Justice (Miscellaneous Provisions) Act 2009 (sections 25, 26, 27, 29, 30, 31, 32, 33, 35, 37, 39, 40 (part), 41, 42, 43 and 44);
    • New target shooting Clubs S.I.;
    • New secure accommodation regulations for storage of firearms.
    Please note that the personal import ban does not come into effect for some
    time yet because we will have to address in the context of the EU Weapons Directive so sections 34, 36 and 38 aren't being commenced just yet.

    Copies of the S.I.s will be available early next week.

    We will address the ranges S.I. and an amended restricted firearms S.I. in due course.
  • Firearms (Secure Accommodation) Regulations 2009:
     Type and number of firearms Secure accommodation standard
    1 One non-restricted shot-gun. The shot-gun shall be disassembled and each part shall be stored securely and separately when not in use. The trigger housing shall be secured against use with an appropriate trigger lock.
    2 One restricted firearm or three or fewer non-restricted firearms. Each firearm shall be stored securely in a gun safe which complies with BS 7558 and which shall be securely fixed to a solid structure.
    3 Two restricted firearms, or more than three non-restricted firearms. Each firearm shall be stored in a gun safe which complies with BS 7558 and which shall be securely fixed to a solid structure. The place in which the firearms are stored shall have an alarm fitted and the external doors to the place shall be fitted with locks which comply with BS 3621.
    4 Three or more restricted firearms or six or more firearms, of any type, kept in the same place. In addition to the standards specified at reference number 3, the place in which the firearms are stored shall have an intruder alarm system, installed and maintained by installers licensed by the Private Security Authority, which complies with I.S. EN 50131 or an equivalent standard approved by the Commissioner of the Garda Siochana. The alarm shall be connected to a monitoring service, operated by a person licensed by the Private Security Authority, and supported with GSM Mobile telephone service back up signalling facilities.

And, though written for ISSF shooters, this guide may prove useful to non-ISSF shooters and has examples of what the new licencing paperwork looks like: How do I apply for a firearms licence in Ireland? Now updated for 2009...

Last edited by Sparks; 27-02-2012 at 13:23.
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02-11-2012, 18:09   #3
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Procedure for Appealing refusal of firearms license.

I see on this and on othe forums that there is a lot of frustration in relation to licence refusals, moderators being refused, delays etc.

The legislation in relation to the firearms acts does take this into account and there is an appeals procedure in place which allows a matter to be referred to the District Court. I know a lot of people are reluctant to do this but in some circumstances it may be the only option. The following is a brief guide on how to make an appeal, if people wish to do it themselves, which they are perfectly entitled to do. This guide does not purport to be legal advice and if in doubt people should consult a solicitor.

The first step is to file a notice of Appeal. The below is a link to the courts service website where the form can be found and can be cut and pasted into a word document.

http://www.courts.ie/rules.nsf/53bd3...b?OpenDocument

Whoever is making the appeal is the appealant and the Chief Superintendent/Superintendent is the respondent. You fill in your details and the details of the Superintendent. The appeal will be pursuant to

section 15A ( b) of the Firearms Act1925 as inserted by Section 43 of the Criminal Justice Act 2006 (if it is a refusal to licence a firearm).

Section 15A can be found here to check the relevant paragraph:

http://www.irishstatutebook.ie/2006/...6/sec0043.html


After the form is completed the next step is to take it to your local district court office who will help you fill in the court area and the date on which the case will be heard. They are also generally quite helpful and if you are a lay litigant the court office will normally help you with the completion of some parts of the form, such as names dates etc. You then pay them €23 to stamp the notice of appeal and then you are ready to serve it on the local superintendent.

Service can be effected by leaving a copy in the Garda station in which the superintendent is based. This notifies the Superintendent that you intend to appeal the refusal of the decision and normally there should be no question as to whether or not it has been adequately served. If necessary and if the Superintendent states that he has not been properly served you can make an application to the Judge on the hearing date to have service deemed good and the matter would be put back approximately one month to allow the Superintendent to deal with it. There are always senior Gardai at court and the court can ask them to notify their superintendent.

After service of the Notice of Appeal it then needs to be filed in the District Court office by leaving in the original Notice of Appeal, together with a copy and a declaration of service into the district court office. They will then put the papers in a file for the Judge so that he/she can look at it on the hearing date. A standard form declaration of service can be found at the below link

http://www.courts.ie/rules.nsf/53bd3...4?OpenDocument

(the above is for criminal proceedings but the declaration is the same).

After all that you are ready to go and explain your position to the Judge. I see on this and other forums that people are well able to explain why they need a moderator etc. and most judges will listen to the same arguments.

As said earlier the above is a guide and if in doubt contact a solicitor, but I have no doubt that some on this forum are well capable of filling out the forms and arguing their case. Generally the court will give a bit of latitude to a lay litigant and if nothing else the above guide shows that there is a system in place to deal with decisions which people think are harsh and arbitrary.

Hope this is of some help.

Last edited by Cass; 03-11-2012 at 01:41.
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06-05-2014, 23:46   #4
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FCR pre-populated renewal forms.

FCR, Pre-populated firearm application form Thread.
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19-04-2015, 17:10   #5
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Reason for Suppressor / Ammo increase

Thanks to Hexosan who trawled the threads and compiled this list of reasons for both applying for a suppressor and to increase the ammo limits on your license.

Understand that this is not a "loophole" or "workaround". The reasons you give must be legit and valid otherwise it's a fraudulent application, and may be refused. Also some aspects require range membership, etc. So applying for 2,000 rounds when you only do vermin control may not work.

Anyway here are a list of reasons for needing a suppressor in the form of a sample letter:
Quote:
Re: Section 3.2 - I request permission for the use of a moderator on my Rifle for the following reasons:

  1. To aid sound reduction of the firearm when used around livestock and bloodstock.
  2. To aid sound reduction so as to not alarm people in the vicinity.
  3. Unsafe practice of wearing suitable hearing protection while stalking / hunting
  4. Protection of personal hearing
  5. Improved accuracy therefore aiding with the humane dispatch of prey due to reduced recoil etc
  6. Ideal for vermin control.
This is a sample letter if you find you need a higher ammo allowance that you currently have:
Quote:
Re: Section 4.1 - I request the maximum rounds of ammunition on my license be increased to (insert amount) for the following reasons:

  1. Empty (fired) casings are treated the same as live rounds as per the Firearms Act, 1925 where it states that "ammunition for a firearm is any ingredient or component part of any such ammunition", with component part being the bullet, the casing, the propellant or the primer. So my license must allow me to have a high enough limit to have both live and fired rounds in my possession.
  2. I regularly take part in target competitions and actively attend target ranges for practice. As a result of this I can go through a large quantity of rounds in a short period of time.
  3. Buying bulk rounds of ammunition to reduce trips to dealer and for cost implications.
  4. Distance to dealer being excessive & inconvenient.

For these reasons I hope you can grant my request to increase the limit of ammunition to allow me to stay within the conditions of my licence.
To re-cap. Your reasons must be valid and the above is only intended as a guide to helping people write a letter to accompany any FCA1 application/substitution. If you are reading any of the above and think most or none of them apply to you then it's likely you don't need either. However only you an judge that.


Again thanks to Hexosan for taking the time to put all these into the one place for easy reading.
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18-06-2016, 20:44   #7
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Registered Firearm Dealers by County.

Registered Firearms dealers by County.
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