Written answers

Tuesday, 26 February 2008

Department of Justice, Equality and Law Reform

Firearms Regulations

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 459: To ask the Minister for Justice, Equality and Law Reform when the criteria will be published for authorised traders in restricted firearms; and if he will make a statement on the matter. [7983/08]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 460: To ask the Minister for Justice, Equality and Law Reform when applications will be invited for the new licences for the authorised traders in restricted firearms; and if he will make a statement on the matter. [7984/08]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 461: To ask the Minister for Justice, Equality and Law Reform the way a currently authorised trader in restricted firearms who possesses restricted stock and who does not wish to apply for a new licence can dispose of such stock; the way in which they will be recompensed; and if he will make a statement on the matter. [7985/08]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 462: To ask the Minister for Justice, Equality and Law Reform the reason the date of 1 May 2008 was chosen for the full implementation of the new regulations for the sale of restricted firearms, when the criteria for such licences have not been published, and when there are no arrangements in place for the disposal of restricted firearms under the current regulations; and if he will make a statement on the matter. [7986/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 459 to 462, inclusive, together.

Under Section 29 of the Criminal Justice Act 2006 I may, by Order and in the interest of public safety and security, declare specific firearms and ammunition as "restricted", by reference to their category, calibre, working mechanism, muzzle energy and description. I recently made S.I. No. 21 of 2008, the Firearms (Restricted Firearms and Ammunition) Order, 2008 which designates certain firearms as 'restricted' by virtue of the above criteria. Where a person wishes to possess such a firearm they will be required to make an application to the Garda Commissioner for the grant of a firearms certificate and satisfy the Commissioner that they comply with the conditions set out in Section 4 of the Firearms Act, 1925 as amended by the Criminal Justice Act 2006. In addition, firearms dealers will be required to seek an authorisation from me for the importation of firearms for sale. It should be noted that where a firearm is deemed "restricted" it does not mean that the possession or sale of such firearms is prohibited.

Last year, officials of my Department consulted with An Garda Síochána, organisations representing different shooting interest groups and firearms dealers representatives regarding the drafting of this Order. The Firearms Consultative Panel, which I set up in 2007 to assist with the introduction of the firearms licensing regime is currently considering criteria for dealers wishing to deal in restricted firearms. I expect the Panel to report on the recommended criteria for selection in due course. Invitations for applications to become a dealer in restricted firearms are expected to issue next month.

The Order comes into force on 1 May 2008 and my Department issued a copy of the Order to each Registered Firearms Dealer last week. A letter also issued indicating that dealers who do not intend to apply for an Authorisation, but who have firearms in stock which will be regarded as restricted after 1 May next, will have until the end of the current licensing period (end of July) to dispose of them. The 1 May date was chosen because it provides a three month period, from the date the Order comes into force to the start of the new licensing period, within which applications can be assessed. This is consistent with Section 32 of the Criminal Justice Act 2006, which I will shortly commence and which provides, inter alia, for a three month time period within which applications for a firearms licence must be processed.

The Criminal Justice Act 2006 did not provide for compensation to dealers in respect of firearms held in stock which will now be restricted. It is, of course, open to a firearms dealers to seek an authorisation to trade in restricted firearms until all of the remaining stock in question have been sold. Alternatively, they may choose to sell to other dealers who intend trading in restricted firearms. In effect, from the date of receipt of a copy of the Order, firearms dealers will have over 5 months to dispose of the restricted firearms stock in question or to register as a dealer in restricted firearms.

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