Tom Hayes (Tipperary South, Fine Gael)
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Question 294: To ask the Minister for Justice, Equality and Law Reform the reason law abiding citizens who wish to target shoot and meet all the requirements of the new legally held firearm legislation are being refused permits; if his attention has been drawn to the fact that this results in private court cases being instigated and with costs being won by the successful appellants which is being borne by the taxpayer and also ties up court time; and if he will make a statement on the matter. [22769/10]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware, the Criminal Justice (Miscellaneous Provisions) Act 2009, which was commenced last August introduced changes to the procedures for the certification of firearms. The remaining sections of the Criminal Justice Act 2006 relating to firearms licensing were also commenced at that time. It is important to realise that under the new legislation, arising from both statutes, which created the three year licence and placed additional requirements on applicants, that all applications for Firearm Certificates are regarded as new applications and not renewals.

Since 19 November 2008, large calibre handguns have been generally banned. However, persons who already held certificates for large calibre handguns were entitled to apply for a new certificate under the stricter licensing regime. 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 and in some cases the District Court may award an applicant his costs.

The Garda Authorities have informed me that, since the introduction of the new licensing regime, there have been approx 450 Firearm Certificates granted for handguns to date. This figure includes both unrestricted and restricted categories but I do not have a precise breakdown at this time. I am also informed that a similar number of applications were refused. The Deputy may be aware that, in a recent composite judgment, the Supreme Court upheld the Charlton judgment which I have mentioned before in the House. It also fully endorsed the power of the Superintendent to impose conditions on licences. Of particular interest was that the Supreme Court held, that in assessing 'good reason', that the "reason and the weapon were inseparable", and that " the Superintendent had power to refuse the firearms certificate in the case for the reason given, namely that he did not believe the firearm in question was a suitable weapon for target practice".