Written answers

Tuesday, 19 May 2015

Department of Justice and Equality

Firearms Licences

Photo of Dan NevilleDan Neville (Limerick, Fine Gael)
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259. To ask the Minister for Justice and Equality the requirements that have to be met to possess a licence to hold a gun; when a person is refused the issuing of a gun licence, the conditions that have to be met the application is to be reconsidered.; and if she will make a statement on the matter. [19748/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that Section 3 of the Firearms Act 1925 as amended, provides that an application for a firearm certificate shall be made to the Superintendent of An Garda Síochána of the District in which the applicant resides. An application for a restricted firearm certificate is made to the Commissioner who has delegated this responsibility to members of An Garda Síochána holding the rank of Chief Superintendent. Section 4 of the 1925 Act, as amended, provides the conditions to be satisfied prior to an issuing person granting a firearm certificate. The conditions include having a good reason for requiring the certificate, granting the certificate will not endanger public safety, security or the peace, the person is not disentitled to hold a firearm certificate and that secure accommodation for the firearm has been provided. Further information may also be sought from the applicant by an issuing person including proof of identity, proof of competence in the use of the firearm concerned, a requirement to provide details of his/her medical history and providing two referees to attest to the applicant's character.

If an applicant is refused a certificate by an issuing person, the applicant must be provided with reasons for such refusal in writing. The applicant can then appeal the refusal, under Section 15A of the Firearms Act 1925 as amended, to the District Court within 30 days of receiving the refusal letter.

The District Court can confirm the decision of the deciding officer, or direct that person to reconsider the decision, or allow the appeal where the issuing person shall give effect to the Court's decision.

If a person reapplies for a firearm certificate, the application shall be considered by an issuing person under the legislation as outlined above. Each application is always considered on its own individual merits in accordance with law.

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