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Dáil Éireann debate -
Thursday, 12 Dec 1991

Vol. 414 No. 6

Written Answers. - Return of Property.

Jim Mitchell

Question:

125 Mr. J. Mitchell asked the Minister for Justice if, in view of the facts of a case (details supplied) in Dublin 8, he will now arrange for the return of items to the person concerned which were taken from him by the Garda Síochána in 1972.

I am informed by the Garda authorities that the firearm in question was surrendered to the Garda Síochána in accordance with the provisions of the Firearms (Temporary Custody) Order, 1972 (S.I. No. 187 of 1972). This order required, in the interest of public safety, that every person residing in the State should, on or before 5 August 1972, surrender to the gardaí any pistol or revolver or any rifled firearm of a calibre greater than .22 inches and any ammunition for such firearms. Since then it has been Garda policy not to issue firearm certificates in respect of such weapons. The Garda authorities have advised that the circumstances which gave rise to the introduction of the 1972 Order have not altered to a degree where they can recommend a change in this policy.

In these circumstances the firearms in question could only be returned to the person concerned if the Garda authorities were satisfied that the owner planned to dispose of it outside the State and its release was necessary for export.

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