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
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