Niall Collins (Limerick, Fianna Fail)
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387. To ask the Minister for Justice and Equality the cases or correspondence that the Judiciary have expressed difficulties in interpreting provisions of current firearms legislation; and if she will make a statement on the matter. [48404/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 8 of the Firearms Licensing Review Report, recently published by my Department, sets out issues raised by the Courts in dealing with appeals in the District Court regarding firearms legislation. The relevant extracts are set out beneath:

"Many District Court Judges who have overturned the decisions of Chief Superintendents have consistently stated the current legislative provisions need to be addressed.

In Limerick District Court, an appeal hearing was heard in August 2013 with regard to two semi automatic, restricted rifles (rifles resembling assault rifles) and two centre fire handguns. This was an appeal against the decision of the Chief Superintendent not to grant licences for these firearms. It is reported that the Judge stated that the Chief Superintendent is being placed in an invidious position, with his concern being the public who he must protect and the possibility that the firearms may fall into the wrong hands. The Judge commented that the legislation has not grappled with the kernel of the issue; are these firearms lawful or not. The decision in this case was that the licences should be granted.

An appeal was heard in the Dublin District Court in October 2013 against the refusal to grant restricted licences for two centre-fire handguns (Thomas Mansfield V Chief Superintendent Coburn & the Commissioner of An Garda Síochána).

The Judge issued a ten page written judgment in December 2013, allowing the appeal, stating the following: “The Court is satisfied that he has a good and sufficient reason and that the guns are appropriate for the purpose for which they are required. The Court is satisfied that he doesn’t take part in practical or dynamic shooting. I am further satisfied that the concerns expressed by the Chief Superintendent on public safety are not enough to deprive the Appellant of his licence, particularly in view of the unexplained 90% who subsequently got their licences on reconsideration”.

The Judge also states: “Arguments about the availability of guns to civilians is a wider political question for the Legislature to address. This is not a question for the Courts; we can only deal with the law as it is”.

"In February 2014, in Bray District Court, the District Justice granted firearms licensing appeals and directed the relevant Chief Superintendent to issue nine restricted firearm certificates for centre fire handguns. The Judge commented that it was open to the legislature to ban these weapons but in the absence of that, he was allowing all of the appeals."