Tuesday, 1 April 2014

Ceisteanna (440)

Kevin Humphreys


440. Deputy Kevin Humphreys asked the Minister for Justice and Equality further to Parliamentary Question No. 580 of 18 January 2014, when a response will issue; and if he will make a statement on the matter. [15331/14]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I refer the Deputy to a letter issued to him on the 31st of March 2014 in relation to this matter, which states the following:

I refer further to your Parliamentary Question No. 580 of 18 February 2014 and the details supplied therein. It would be inappropriate to comment as the issues raised were before the courts and have been the subject of court decision and I cannot intervene in how court proceedings are conducted or on the outcome of those proceedings. However, I can advise that under Section 32 of the Criminal Justice Act, 2006, which inserted a new Section 4 into the Firearms Act 1925, an issuing person shall not grant a firearm certificate unless satisfied the applicant complies with a number of conditions referred to in the Section including good reason, that the applicant can possess, use and carry the firearm without danger to the public safety or security or the peace, is not disentitled, has provided secure accommodation for the firearm, referees, medical enquiries etc.

Each application for a firearm certificate requires the issuing person to consider a wide range of factors prior to making a final decision and further information may be required from the applicant in some cases. I can further advise that the licensing of firearms is an operational matter and each application is judged on its own individual merits and the decision on whether, or not, to grant a firearm certificate rests solely with the issuing person. The decision of the issuing person cannot be fettered in any way and I have no role in the matter. However, applicants, who have been refused and are dissatisfied with the decision of an issuing person, have recourse to appeal that decision to the District Court, in accordance with the provisions of section 15A of the Firearms Act 1925, as inserted by section 43 of the Criminal Justice Act 2006.