Derek McDowell (Labour)

Amendments No. 8 and 9 are amendments to section 30 of the Bill, which deals with the new section 3 of the Firearms Act 1925 and provides for the formal effect of firearms certificates. Amendment No. 8 proposes the insertion where the permission of the person has been obtained in subsection 6(b) where a limited certificate for a shotgun is being sought. In this respect, I can confirm to Senator Cummins that under subsection 11(a) of the new section 3, a limited certificate relating to land occupied by a person other than the applicant for the certificate shall not be granted unless the occupier of the land has given the applicant a nomination in writing for holding the certificate. Therefore, the person must have a written nomination from the occupier of the land.

Amendment No. 9 proposes that a person who uses or attempts to use a firearm on land occupied by another person without the consent of the owner shall be guilty of an offence and that a firearms certificate can only be granted for shooting on specific lands or for specified purposes. Where the prior consent of the owner of the land is not given, no certificate will normally issue. A gun club occasionally has permission to go across lands which are not mentioned in the firearms certificates of the club members.

A separate firearms certificate is issued in respect of each firearm and every firearms certificate specifies the conditions under which the firearm is to be used. Where it is to be used for the purpose of shooting over lands, the lands in question are normally specified, except in cases relating to gun clubs to which I have referred. Where a person uses his or her firearms for a purpose other than that stated in the certificate or on lands other than those specified in the certificate, he or she is, subject to what I have just stated, using the firearm otherwise than as authorised by the certificate. Under section 2, subsection (2) of the Firearms Act 1925, as amended, any person who has in his or her possession, uses or carries any firearm without holding a certificate therefor or otherwise than as authorised by such certificate shall be guilty of an offence.

Section 27 deals with an increase in penalties for offences under section 2 of the 1925 Act. Under this new section, any person found guilty of an offence under section 2, such as using a firearm otherwise than as authorised by the firearms certificate, will be liable on summary conviction to a fine of up to €5,000, or 12 months imprisonment or, on conviction on indictment, a fine of €20,000 or seven years imprisonment.

I have dealt with the points raised by Senator Cummins. It is not wise to make it an absolute rule that a person who uses or attempts to use a firearm on land occupied by another where the occupier has not given his or her permission for the use of a firearm is guilty of an offence. For example, if someone went on commonage beside his or her land and was not in a position to establish who was the occupier or where the permission lay, he or she might find himself or herself in a spot of bother. It might be slightly over the top to sentence that person to five years imprisonment on indictment for that particularly heinous crime. I believe the position is sufficiently covered.