Vol. 532 No. 1
299 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the conditions and circumstances under which licensed firearms may be withdrawn from the possession of citizens; if, on the occasion of licensed firearms being withdrawn, an explanation as to the reason of such withdrawal is given to the person involved; and if he will make a statement on the matter. [6502/01]
Section 5 of the Firearms Act, 1925, provides for the revocation of a firearm certificate by the superintendent of the district in which the holder of the firearm certificate resides when he or she is satisfied that the holder of such certificate has no good reason for requiring the firearm to which the certificate relates or is a person who cannot, without danger to the public safety or to the peace, be permitted to have a firearm in his or her possession, or is a person who is declared by the Act to be disentitled to hold a firearm certificate, or where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using such firearm for purposes not authorised by the certificate.
Section 6 of the Firearms Act, 1925, as amended, provides for the surrendering of the firearm to the superintendent and also for the disposal of the firearm, following the revocation of the firearm certificate.
The Garda authorities follow the following procedures when deciding to revoke a firearm certificate – the superintendent must make known his or her reasons to the person concerned at the time of revocation. Sufficient detail of all the superintendent's reasons for deciding to revoke the firearm certificate should be made known to the person. The person concerned should be informed that he or she may make representations in relation to the revocation and should be afforded the opportunity to make such representations.
A superintendent is permitted to revoke instantly a firearm certificate without affording the holder an opportunity of making representations against such revocation where he or she is satisfied as to one or more of the grounds specified in section 5 of the Firearms Act, 1925, and he or she believes, and the circumstances are such as to make his or her belief reasonable, that the affording of such opportunity would create an immediate and real danger to person or property or be likely to lead to the non-availability to the gardaí of the firearm.
