Tuesday, 24 November 2020

Questions (716)

Mary Lou McDonald

Question:

716. Deputy Mary Lou McDonald asked the Minister for Justice if the firearm licence of a person is automatically revoked by the courts when a protection, safety or barring order is granted against the person. [38056/20]

View answer

Written answers (Question to Justice)

As the Deputy may be aware, there are currently stringent controls under Irish legislation on the issue of firearm certificates by An Garda Síochána and the conditions under which firearms can be held.

Section 5 of the Firearms Act 1925, as amended, provides for the reasons a firearm certificate may be revoked. An issuing person may at any time revoke a firearm certificate if satisfied that the holder of the certificate:

(a) has not a good reason for having the firearm,

(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,

(c) is a person declared by the Act to be disentitled to hold a firearm certificate,

(d) is using the firearm for purposes not authorised by the certificate,

(e) has not complied with a condition attached to the grant of the certificate,

(f) has permitted the holder of a training certificate to carry the firearm while not under the certificate holders’ supervision.

Under the Firearms legislation, an issuing person shall consider each decision to grant or revoke a firearm certificate on its own individual merits. Although it would certainly be a very important consideration for an issuing person, a firearm certificate is not automatically revoked by the courts when a protection, safety or barring order is granted against a firearm licence holder.