Michael McDowell (Dublin South East, Progressive Democrats)

There are a number of firearms offences, namely possession with intent to endanger life, possession with intent to commit indictable offences and possession with a number of other specific intents. If a garda goes to my house this evening and finds, in my sock drawer, a loaded pistol and there is no explanation as to why it is there, meaning it is my possession rather than, for example, that of a family member, that must be a serious criminal offence. One cannot ask gardaí to go before a jury and engage in a psychological analysis of the accused to ascertain the actual intent. If a person has a machine pistol in his or her house it is not necessary for the prosecution to show it was for the purposes of shooting somebody, planning a bank robbery or threatening gardaí. It is a serious offence in its own right.

If we are serious about countering the threat of firearms, if not ending their presence, gardaí who find a loaded firearm in somebody's drawer must not be forced to leave the property only able to charge the possessor with not having a licence for it. Nor must gardaí fail in a prosecution if they are unable to determine why a person has a loaded weapon.

The offence was brought in to make it clear that people should not possess a loaded weapon. It is not necessary for the prosecution to prove the exact purpose where it is clear from all the circumstances that the person in question did not have the weapon for lawful purposes, such as where they found it in the street and resolved to bring it to the Garda station the following day. Once a person crosses the threshold of criminality it is not necessary to prove specific intent.

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