Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 394: To ask the Minister for Justice, Equality and Law Reform if, further to recently enacted legislation regulating the issue of gun licences, his attention has been drawn to the fact that a considerable number of applicants are being refused the new three year gun licence without adequate reasons for refusal; his views on whether applicants, who held a licence for target pistol shooting prior to November 2008, would only be refused if they failed to meet certain requirements under this legislation; if he is satisfied with the operation of this legislation; and if he will make a statement on the matter. [3567/10]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy may be aware, provision is made under the Firearms Acts, as amended, including the provisions of the Criminal Justice (Miscellaneous Provisions) Act, 2009 that, before granting a Firearm Certificate to any person, a Superintendent or a Chief Superintendent, as the case may be, shall be satisfied that an applicant:

a) has a good reason for requiring the firearm in respect of which the certificate is applied for, and

b) can be permitted to have in his possession, use, and carry a firearm or ammunition without danger to the public safety or to the peace, and

c) is not a person declared to be disentitled to hold a firearms certificate under the Firearms Acts.

These three conditions must be satisfied in respect of every application, thereby ensuring that Firearm Certificates are granted to responsible persons. Additionally, a Chief Superintendent, when considering an application for a Restricted Firearm Certificate, must be satisfied that the applicant has 'demonstrated that the firearm is the only weapon suitable for the purpose for which it is required'.

The licensing of firearms is an operational matter and each application is judged on its own individual merits and the decision on whether, or not, to grant a Firearm Certificate rests solely with the issuing person. The decision of the issuing person cannot be fettered in any way and I have no role in the matter. Where an issuing person refuses an application for a firearms certificate the reason for such refusal shall be communicated to the applicant, in writing, within three months of the valid application being received. Applicants, who have been refused and are dissatisfied with the decision of an issuing person, have recourse to appeal that decision, within 30 days, to the District Court, in accordance with the provisions of section 43, Criminal Justice Act, 2006.