Brothers refused licences for Sauer and Glock pistols
A JUDGE has dismissed an application by two brothers who sought licences for handguns which were described by a Superintendent as "the weapon of choice for criminals in Limerick city".
The brothers, who are gun enthusiasts and members of the Midlands National Shooting Centre in Offaly, applied for licences for a Sauer and a Glock pistol at Roxboro Garda Station in October 2008, a year before legislation banning handguns was introduced.
The men, who are in their 20s, brought a case before Limerick District Court claiming they met all the criteria as set out under the legislation which was in place at the time, and should have been granted the gun licences.
Superintendent Anne Marie McMahon told the court that she wrote to the brothers informing them that the Minister for Justice had brought to Cabinet the proposal to ban handguns and had advised gardai to give serious consideration as to whether or not they should issue licences for the weapons pending the enactment of the legislation.
Supt McMahon informed the brothers that she was not processing any application for anyone pending this legislation.
The court heard that the gun enthusiasts have four guns already, including shotguns and rifles, and that if the superintendent had granted the licence, there would have been six firearms in the house.
"I had certain concerns as to the security of the firearms," she said.
The legislation banning restricted firearms, which includes Glock pistols, came into effect on August 25, 2009, and the authorising officer has changed from the Superintendent to the Chief Superintendent.
Solicitor Catriona Dwane, on behalf of the applicants, put it to the Superintendent that the legislation at the time allowed her to grant the licence, and that the brothers had met all the necessary criteria.
She said the men were of good character and had installed a monitored alarm system in their home at a cost of €1,420 after a garda from Roxboro's crime prevention office inspected the house in the city suburbs. The solicitor said her clients had spent €700 and €1,950 for the two pistols.
Ms Dwane said there was no reason why the application should not have been approved.
Supt McMahon said the intensity of security needed for a Glock pistol is much higher than a rifle, adding the Glock pistols "have become a weapon of choice for criminals in Limerick city".
She said she receives between 10 to 12 applications a year “and that number is increasing”.
She said a number of these type of firearms have been stolen across the country which gave rise to concern and led to the new legislation.
The judge asked if the applicants satisfied the criteria under the new legislation.
“In my view, no,” Supt McMahon replied.
One of the applicants took to the stand and told the court he applied for the licence because he wished to do IPSC shooting in this country and abroad.
He said he did not have any difficulty securing a licence for a .22 rifle and a shotgun in the past. He said he bought a Sauer pistol from Germany in September 2008.
“Once I got the serial number I went to the garda station and I applied for the licence.”
In response to a question by Inspector Seamus Ruane about competitive shooting, the applicant said that he and his brother were amateur gun enthusiasts
“It’s not in the Olympic arena?” the Inspector asked. “No,” the applicant replied.
“I’d like to say that the Superintendent might have had concerns at the level of security but that wasn’t being mentioned to us at any point,” he said.
His brother took to the stand and described a Glock pistol as a semi-automatic 9mm firearm which is used in competition.
He said the gun is “popular because it is reliable and cheap”. “Is it fair to say it is easy to conceal?” Inspector Ruane asked. “If you were wearing a trenchcoat it would be easy to conceal any gun.”
The Inspector told him he was engaging in semantics and put it to the applicant that a Glock pistol is “the weapon of choice to criminals in this jurisdiction.”
The applicant said he was entitled to a licence under that legislation in place in October, 2008. “You were entitled to be considered for the licensing of a firearm” Inspector Ruane clarified. The applicant agreed.
Judge O’Donnell said the applications fall into a “grey area which the legislation does not cater for in my view”.
The judge noted that Supt McMahon neither granted nor refused the application, and that the law has changed in the interim.
He said he was not aware of any statutory obligation on the Superintendent to make a decision one way or another within a period of 90 days. “I’m going to dismiss the application,” the judge said, and stated that his decision should not bar the brothers from applying to the Chief Superintendent under the new legislation.
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Tuesday 22 May 2012
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