Eamon Ryan (Dublin Bay South, Green Party)
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561. To ask the Tánaiste and Minister for Justice and Equality his plans to review firearms licensing regulations in view of the recent tragedy in New Zealand, particularly in relation to regulations that allow for children over 14 years of age to possess firearms. [13905/19]

David Stanton (Cork East, Fine Gael)
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I wish to advise the Deputy that there are stringent controls under Irish legislation on the issue of firearm certificates by An Garda Síochána and the conditions under which firearms can be held. There are severe penalties in place for firearm offences under the Firearms Acts.

Every application for a firearm certificate is considered on its individual merits and an application cannot be granted by a Garda Superintendent unless certain conditions, set out in law, are met. These include, amongst others, that the person can be permitted to possess a firearm without danger to the public safety and that the person has a good reason for requiring the firearm.

New conditions regarding an application were introduced under the Criminal Justice Act 2006. These conditions include the requirement of applicants to provide two referees to attest to their character, and also a requirement on each applicant to provide written consent for an issuing officer to make any enquiries in relation to the applicant’s medical history from a health professional.

Certain firearms are “restricted” under Irish legislation (e.g. such as large calibre handguns) and these attract additional conditions to be met over and above the standard requirements. These conditions include that the applicant has demonstrated that the firearm is the only type of firearm that is appropriate for the purpose for which it is required. Decisions on restricted firearms are made by a Garda Chief Superintendent.

In accordance with Section 2A of the Firearms Act, 1925, as amended, a person over 14 years of age can apply for a firearms training certificate. Such a certificate authorises the person to possess a firearm only while carrying and using the firearm for hunting or target shooting and under the supervision of a specified person over 18 years of age who holds a firearms certificate in respect of the firearm concerned. The Garda Síochána deciding officer in any individual case may impose other conditions in the interests of public safety and security. An application for a training certificate, where the applicant is under 16 years of age, shall be accompanied by the written consent of the applicant's parent or guardian. Furthermore, Paragraph 8 of Statutory Instrument 493 of 2010: EC (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations, provides that it shall not be lawful for any person to sell a firearm to which EU Firearms Directives apply to a person under 18 years of age.

The legislation also provides for the revocation of a firearms certificate, if the conditions which applied to the grant of the firearm in the first instance are no longer met.

A substantial review of firearms licensing, including consultation with the public, stakeholders and the relevant Oireachtas Committee, was undertaken in recent years. A number of measures identified as a result of this review are being progressed by my Department. These include a ban on new licences for semi automatic centre fire rifles and the establishment of a Firearms Assessment and Appeals Authority. The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular forms of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing.

In accordance with Section 3E of the Firearms Act 1925, as amended, the Garda Commissioner conducts an annual review of the operation of the Firearms Acts 1925 to 2009. This report is laid before each House of the Oireachtas.

The legislation regarding the regulation of firearm licensing continues to be reviewed on an ongoing basis.

Eamon Ryan (Dublin Bay South, Green Party)
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562. To ask the Tánaiste and Minister for Justice and Equality his plans to review the regulations on the number of firearms a person can own. [13906/19]

David Stanton (Cork East, Fine Gael)
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I wish to advise the Deputy that there are stringent controls under Irish legislation on the issue of firearm certificates by An Garda Síochána and the conditions under which firearms can be held. There are also severe penalties in place for firearms offences under the Firearms Acts.

While there is nothing in law that specifically limits the number of firearms a person can own, a person must apply to An Garda Síochána for a firearm certificate in respect of each individual firearm they wish to possess. Each application is assessed on its merits in accordance with law.

The conditions that an applicant for a firearm certificate must satisfy include:

- The individual has a good reason for requiring the firearm;

- The individual can be permitted to possess, use and carry the firearm without danger to the public safety or security or the peace;

- The individual is not a person declared under law to be disentitled to hold a firearm certificate (this includes a person sentenced to imprisonment for certain offences, a person of unsound mind, a person not ordinarily resident in the State for a period of six months before applying, amongst others);

- Where the firearm is a rifle or pistol to be used for target shooting, the individual is a member of an authorised rifle or pistol club;

- The individual has provided secure accommodation for the firearm.

S.I. No. 307/2009 - Firearms (Secure Accommodation) Regulations 2009 establishes the minimum secure accommodation required for firearm storage. A progressively higher minimum standard of security is required under the regulations where there are differing numbers of firearms stored at the same location.

The Garda Commissioner issues Guidelines as to the practical application and operation of the Firearms Acts 1925 to 2009. These Guidelines were last updated in September 2018.

In accordance with Section 3E of the Firearms Act 1925, as amended, the Garda Commissioner conducts an annual review of the operation of the Firearms Acts 1925 to 2009. This report is provided to the Minister and is laid before each House of the Oireachtas.

The legislation regarding the regulation of firearm licensing is reviewed on an ongoing basis.

Eamon Ryan (Dublin Bay South, Green Party)
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563. To ask the Tánaiste and Minister for Justice and Equality his plans to examine the gun ownership regulations that allow applicants to obtain firearms without providing medical reports or undertaking psychiatric evaluation as part of the application process. [13907/19]

David Stanton (Cork East, Fine Gael)
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I can advise the Deputy that there are stringent controls under Irish legislation on the issue of firearm certificates by An Garda Síochána and the conditions under which firearms can be held.

An Garda Síochána advise that each application for a firearms certificate is considered on its merits by the issuing officer in accordance with the relevant legislation.

The Barr Tribunal investigated the circumstances regarding a fatal shooting in Abbeylara, Co. Longford in April 2000. In his Report, Mr. Justice Barr agreed with the view of the Irish College of Psychiatrists that psychiatric assessments in relation to firearms certificate applications as a statutory requirement were not appropriate.

Regarding the provision of medical reports, Mr Justice Barr’s Report stated:

“The submissions and evidence on this issue from a wide range of experts to which I have already referred, when considered in conjunction with Lord Cullen’s opinion in his Dunblane Report (with which there appears to be general agreement) establishes that there should not be any statutory requirement for the mandatory provision of medical certificates by applicants for gun licences or renewals thereof. In the light of the evidence presented on this topic, it is evident that there are major practical difficulties in implementing such a statutory requirement. These include the fact that in many instances a gun licence applicant’s general medical practitioner may not have sufficient knowledge of his or her patient, or specialist expertise to make an appropriate assessment and the time factor (and expense) involved in making a realistic psychiatric specialist assessment of the applicant. In my opinion it is not a workable proposition.”

Arising from concerns expressed at the Barr Tribunal, new conditions for applications were introduced in the Criminal Justice Act 2006. These conditions include the requirement of applicants to provide two referees to attest to their character, and also a requirement on each applicant to provide written consent for an issuing officer to make any enquiries in relation to the applicant’s medical history from a health professional.

The Garda Commissioner’s Guidelines, as to the practical application and operation of the Firearms Acts 1925 to 2009, point out that this is a very sensitive issue and it is not possible to advise on every potential scenario which may arise in a decision making process.

The Guidelines state that:

- Issuing persons should be alert to cases in which a general practitioner's report reveals that an applicant has exhibited, or is exhibiting, signs of depression, suicidal tendencies, longstanding or intermittent periods of either emotional instability or unpredictable behaviour.

- Issuing persons should also be alert to any of these signs exhibited by existing certificate holders.

- It should be remembered that because a person has received treatment in the past for certain illnesses or conditions, such as depression or stress, it does not automatically follow they are unfit to possess a firearm. It is simply one of the factors to be considered with all other evidence relating to the applicant's character and history. In such cases, account should be taken of the latest medical opinion.

In accordance with Section 3E of the Firearms Act 1925, as amended, the Garda Commissioner conducts an annual review of the operation of the Firearms Acts 1925 to 2009. This report is provided to the Minister and is laid before each House of the Oireachtas.

The legislation regarding the regulation of firearm licensing continues to be reviewed on an ongoing basis.