Written answers

Thursday, 10 December 2009

Department of Justice, Equality and Law Reform

Firearams Licences

11:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 111: To ask the Minister for Justice, Equality and Law Reform if those who applied for a pistol licence before November 2008 and who meet the new licence criteria will be granted their licences in view of the Committee Stage debate on the Criminal Justice (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [46393/09]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 116: To ask the Minister for Justice, Equality and Law Reform his policy and that of the Gardaí not to renew any centre-fire pistol licences; if not, the number that have been granted under the new firearm licensing legislation; the conditions a refusal would be expected for an active competition shooter, who is a member of an authorized range, has met the security requirements as laid down in S.I. 307/09 Firearms (Secure Accommodation) Regulations 2009 and has held the firearm prior to 19 November 2008; and if he will make a statement on the matter. [46452/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 111 and 116 together.

As the Deputy is aware, the Criminal Justice (Miscellaneous Provisions) Act 2009, which was commenced on 1st August 2009, introduced changes to the procedures for the certification of firearms - including Restricted Firearms. The remaining sections of the Criminal Justice Act, 2006, relating to firearms licensing were also commenced on 1st August 2009 and introduced the distinction between a Firearm Certificate and a Restricted Firearm Certificate.

Applications for Restricted Firearm Certificates, whether they be for handguns, rifles or shotguns, must now be considered by a member of the Garda Síochána holding the rank of Chief Superintendent. I am informed by the Garda Commissioner that there is no policy to refuse to grant licences for centre-fire pistols. It is important to realise that under the new legislation, arising from both statutes referred to above, all applications for Firearm Certificates are regarded as new applications and not renewals.

The Deputy will recall that a person applying for a Firearm Certificate for target-shooting must now be a member of an authorised rifle or pistol club as laid down in the Firearms (Authorisation of Rifle or Pistol Clubs) Regulations, 2009 (S.I. 308 of 2009). In addition, persons who held a Firearm Certificate prior to 19th November 2008, for a firearm which now requires a Restricted Firearm Certificate, must satisfy the issuing authority that the firearm is the only weapon suitable for the purpose for which it is required. This requirement is in addition to satisfying the Chief Superintendent that the Applicant has good reason to possess, use and carry the firearm; is not disentitled to hold a firearm certificate under the Firearms Acts; and is not a danger to public safety or to the peace.

Furthermore, all firearm owners must also comply with the security requirements as laid down in S.I. 307 of 2009 Firearms (Secure Accommodation) Regulations 2009. The minimum security standards required at a dwelling is dependent on the number and calibre(s) of firearms held by an individual. This requirement applies to owners of all firearms.

I am informed by the Garda Commissioner that there have been 87 Restricted Firearm Certificates issued in respect of short firearms, as of 7th December, 2009. Under the Firearms Acts, each application, restricted or otherwise, is adjudicated upon by the issuing person on its own individual merits and I have no role in the granting of these certificates.

It should be noted that section 15A of the Firearms Act 1925, as amended by the Criminal Justice Act 2006, provides that an appeal may be made to the District Court by a person aggrieved by a decision to refuse to grant or renew a firearm certificate.

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