Bernard Durkan (Kildare North, Fine Gael)
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Question 182: To ask the Minister for Justice, Equality and Law Reform his proposals to limit the availability of handguns; and if he will make a statement on the matter. [9981/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Under the Firearms Acts 1925-2000, it is unlawful for any person to possess, use or carry a firearm unless authorised by a firearm certificate granted by a superintendent of the Garda Síochána. Before granting such certificate the superintendent must be satisfied that the person seeking it has a good reason for requiring the firearm in question, does not pose a danger to public safety or the peace and is not a person disentitled, under the Acts, to hold a firearms certificate. Only a superintendent may grant a firearms certificate and I, as Minister for Justice, Equality and Law Reform, have no statutory function in the matter.

In the Criminal Justice Bill, 2004, which is currently before the House, I propose to bring forward a range of measures to strengthen the law governing the control of firearms. These new measures include provisions whereby I may, by order, specify certain firearms as "restricted firearms" by reference to the category, calibre, muzzle energy, working mechanism and description of the firearm. A firearms certificate may only be granted by the Garda Commissioner in respect of firearms deemed restricted. In addition, I am providing that the matters which must be considered when deciding whether to grant a firearms certificate be extended to cover, among other things, the appropriateness of the firearm for the purpose for which the certificate is sought, the safe storage of the firearm, proof of competence in the use of the firearm and consent to inquiries as to the applicant's medical history.

I am also providing for increases in fines and penalties generally for offences under the Firearms Acts and the creation of mandatory minimum sentences, of between five and ten years, for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle and use or production of a firearm to resist arrest.