Mr. Fergus Healy:

The term “assault rifle” is in the legislation. As such, it is referring to high-calibre and high-velocity type rifles which are, in effect, designed to kill. The risks posed with that type of weaponry licensed in the State are already a concern for the Garda Síochána. The greater proliferation of such weapons in society poses a greater risk of something going wrong.

Following the Abbeylara matter and the subsequent inquiry into it, recommendations were made around mental health issues and the issuing authority making inquiries through medical evidence with regard to the suitability of applicants for such weapons. This was brought about by the Act and has served the State well. Unfortunately, however, the system now means when people apply for a licence for such a gun, if they are refused but if they appeal the matter to the District Court, that decision will be completely overturned. We have had no situation where a decision to refuse a licence since 2012 has been upheld by the District Court. Our experience from chief superintendents and superintendents giving evidence before the District Court is some decisions to refuse a licence were upheld while others were overturned. That is the practice and we accept those decisions by the courts. We now face a situation, however, where the system is broken and, as such, a person can apply for a licence knowing that if it is refused and if he or she appeals it, the court will overturn that decision.