Oireachtas Joint and Select Committees
Wednesday, 21 January 2015
Joint Oireachtas Committee on Justice, Defence and Equality
Firearms Licences: (Resumed) Discussion
10:00 am
Mr. Kaz Balinski:
I thank the committee for having me here. I am delighted to speak. I wrote a document entitled, "Working Solution", based on my findings of the working group's review of the potential for firearm legislative reform. It was published last November. The idea of "Working Solution" is to encourage synergies and to provide a forum through which the coalition can work towards a thinking solution on which it can then act. I am not sure if we are quite there yet.
The underlying message of "Working Solution" recommends a review of the current firearm legislation in terms of its application and licensing system by way of the adoption of a new comprehensive system that can be organised into two sectors. One is the practical side. Handled by the private sector through clubs, this deals with the applicant's firearm choice, courses in proper management and use, subsequent assessments and tests and, finally, accreditation, which has the potential for firearm NCTs or DOEs. The length of the programme should be important, as the period of time needs to be drawn out enough so as to allow for information to be properly absorbed and assimilated by applicants. This underlines firearm ownership as a privilege, since individuals would have to work hard to own firearms while learning and appreciating in the process of so doing.
Administration is the other side. This sees the Garda dealing with policing and administrative aspects such as psychological profiling and due diligence of applicants as well as the issuing and control of firearms licences, which it already does well.
The practical side promotes sport, industry growth within the private sector and community growth within clubs by way of self-policing, as the club environment promotes safety as a natural progression, which is a point that Mr. Flood made. This greatly reduces the likelihood for an atrocity, as clubs would inform the Garda of any concerning character trait or "single" mentality of an applicant. Gardaí may already be aware of such concerns, being part of the same social community in which the applicant in question lives. The administration side promotes an ease at Government level, since gardaí, who already understand the community and, more particularly, individual applicants, would not have to worry about not understanding firearms. This is a cool way of looking at it and an interesting point. It also provides a standardised platform by review, which will lead to the cessation of unnecessary court appearances by gardaí and the resultant costs to the State, which also needs to be considered. Both sides promote safety and rid the process of postcode discrimination. I can never remember the name, but it is either a proficiency or a proliferation issue, whereby there are two licensing platforms between jurisdictions. This would be standardised by a new system.
The link between the practical and administrative sides is the Garda. In the new comprehensive system, the Garda would be empowered by the introduction of properly trained firearms officers who interact with and monitor the practical side and safety at a club level. These officers would have the opportunity to be involved with firearm and magazine manufacturers regarding the issue of reducing magazine load maximums to Irish standards. In my document, I recommended a ten-cartridge magazine maximum, as the new system promotes considerably safer shooting within a controlled environment and, as a trickle-down effect, a safer storage mentality, reducing the potential for firearm thefts.
The current emphasis on justification for firearm ownership needs to make way for a more progressive regime that places more responsibility on the applicant in terms of performance, which in turn should allow for the availability of a variety of firearm platforms without the need to restrict calibres or magazine capacities. If an applicant desires a firearm, and desiring versus justification being the point, then the time and costs associated with gaining accreditation prior to due diligence should be worthwhile. Not only that but, in having a better understanding of a firearm, its storage, its capability, its maintenance and its ownership, both the licensee and the firearm should be safer as a result. There is a trend to my point, with justification, responsibility, desire and fun heading in the right direction.
Aside from the animal husbandry issue, there is no justification for civilians to own and shoot firearms in the Republic other than for sport and fun. Thus, a provision for the responsible ownership of firearms over and above that of limiting the choice of firearm available to the potentially irresponsible needs to be considered. I will cite an example of the firearm licensing application process from the review document. According to it, "other rifles could be licensed for the same purpose" as the semi-automatic platform that is under review today, but this implies that such other rifles could as easily be used for wrongdoing or unlawful concerns. This point is worth reviewing, as it places the responsibility on the firearm as opposed to the user.
The proposal in "Working Solution" is the implementation of a new comprehensive system based upon years of gathered experience that educates firearm users to be responsible as opposed to the placing of limits on the equipment that uneducated firearm users can access. This will promote the sport and safety on the practical side while greatly reducing the likelihood of crime, for example, a lower risk of theft, and the risk of an atrocity because the practical and administrative sides will work well together.
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