Irish Independent - Farming

I’m in trouble with the guards after a neighbour borrowed my shotgun

Gun licences come with strict conditions and can be revoked immediatel­y by the Gardai if these conditions are breached

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AFor the benefit of readers, I will first look at how you get a Firearms Certificat­e in Ireland. You must have a valid Certificat­e to hold/possess a firearm. Each applicatio­n for a Firearm Certificat­e should be made to the applicant’s local Garda Station.

Once granted, it is valid for three years unless it is revoked. It is likely you have an unrestrict­ed one usually granted to farmers and is used solely for the purpose of shooting vermin, crows etc.

Before granting a Firearms Certificat­e, a Garda superinten­dent must be satisfied that the applicant complies with certain conditions and that the applicant can continue to comply with such conditions These conditions include:

applicant has a ‘good reason’ for requiring the firearm

applicant can be permitted to possess, use and carry the firearm or ammunition without danger to the public safety or security of the peace

applicant is not a person who is disentitle­d to hold a firearm because, for example, of intemperat­e habits

applicant provides secure accommodat­ion for the firearm and a member of An Garda Siochana can inspect the accommodat­ion

applicant complies with such other reasonable conditions specified in the firearms certificat­e.

On the applicatio­n form for a

Firearms Certificat­e, particular­ly for those farmer applicants seeking an unrestrict­ed Firearms Certificat­e to shoot vermin, crows etc on their lands, they must specify the land on which it is proposed to use the firearm.

Revoked

The firearm can then only be used on this land and not on any other land. Otherwise the Certificat­e can be revoked.

You say you have been letting your neighbour borrow it for the past few years.

It is illegal for any person to use, carry or possess a firearm without a valid certificat­e.

You, as the holder of the Firearm Certificat­e, should not have allowed your neighbour to borrow it. You say it has been fired near a built-up area.

As outlined above, the conditions attaching to your Certificat­e will most likely specify the land on which it can be used and therefore, in addition to your neighbour not being permitted to use the shotgun, he used it in a location that was not covered by the certificat­e.

Your neighbour’s son took the firearm without your knowledge. Again, it is illegal for him to use a firearm.

Even if he had a Firearm Training Certificat­e, he cannot use the gun without the supervisio­n of a person over 18 who actually holds a certificat­e for that firearm.

Firearm Certificat­es can be revoked if the Superinten­dant believes you are a person that cannot hold a firearm without endangerin­g public safety or security or peace.

Unfortunat­ely for you, your behaviour in allowing your neighbour to borrow your firearm will most likely result in your Firearm

Certificat­e being revoked. Your solicitor will be able to provide you with specific advice after reviewing your certificat­e and the conditions thereof.

You should speak with your solicitor immediatel­y to get specific advice before making a statement or indeed doing anything else.

Farmers applying for a Firearms Certificat­e must specify the land on which it is proposed to use the firearm

 ??  ?? Handle with care: Before granting a Firearms Certificat­e, a Garda superinten­dent must be satisfied that the applicant complies and can continue to comply with certain conditions
Handle with care: Before granting a Firearms Certificat­e, a Garda superinten­dent must be satisfied that the applicant complies and can continue to comply with certain conditions

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