Written answers

Tuesday, 22 November 2022

Department of Justice and Equality

Control of Firearms

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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565. To ask the Tánaiste and Minister for Justice and Equality if an allowance will be made for persons in possession of a firearm (details supplied); and if she will make a statement on the matter. [57974/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I understand the Deputy is referring to the proposed new section 3DA of the Firearms Act 1925, which was approved as a new section 10 of the Criminal Justice (Miscellaneous Provisions) Bill 2022 at Committee Stage in the Dáil on 8 November 2022.

The proposed new section 3DA (2) of the Firearms Act 1925 provides that on the day that is three months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September 2015, and that was in force immediately before the relevant date, shall stand revoked. The “relevant date” is the date that the section shall come into operation.

I am proposing this section on public safety grounds, in line with a previous public announcement by the then Minister on 18 September 2015. It is important to note that the intention to introduce this measure has been a matter of public record since that date. I share the concerns of An Garda Síochána in relation to public safety and equally, I also acknowledge the dedication and responsibility of the owners of legally held firearms in the State. In this regard I note that this measure has been a long standing recommendation of An Garda Síochána which was taken into account by the then Minister when she made her public announcement on 18 September 2015.

I refer to this measure as a cap, as opposed to a ban, given that it will allow persons who previously held a firearms certificate for these types of rifles before the date of the then Minister’s announcement on 18 September 2015 to continue to renew their certificates. The cap on new licences for semi-automatic centre fire rifles was among a number of measures identified during the substantial review of firearms licensing undertaken between 2014 and 2015; this included consultation with the public, stakeholders and the relevant Oireachtas Committee.

Firearms certificate holders who obtained firearms certificates in respect of semi-automatic centre fire rifles after 18 September 2015, will have their certificate revoked. The intention to revoke such certificates has been public since the Minister’s announcement in 2015, and in the intervening period steps were taken to raise awareness that any new certificates for these firearms stood to be revoked when the cap was introduced. The Commissioner’s Guidelines on the Practical Application and Operation of the Firearms Acts, which are publicly available, directs licensing officers and applicants to consider the upcoming restriction when an application to be licensed for one of these rifles is made. My Department has also advised Registered Firearms Dealers seeking to import these rifles that they would become unlicensable when the new legislation was enacted.

I believe that this is an appropriate and balanced measure given that it is forward looking from the then Minister’s public announcement in 2015 and not retrospective from before that date.

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