Shooting enthusiasts settle legal challenge
A legal challenge by shooting enthusiasts to the Garda refusal to grant them licences for restricted firearms has been settled.
The shooting enthusiasts had claimed their applications for restricted guns were being refused on a blanket basis by gardaí without adequate reasons.
The Garda authorities have denied claims of a fixed policy of refusing licences.
This morning at the High Court, when the matter was briefly mentioned before the court, Mr Justice John Hedigan was informed that the matter, which has been seen as an important test case had been resolved between the parties following talks.
The talks began last week after the judge expressed serious concerns over a Garda altering of licence application forms.
Mr Justice Hedigan had been considering three test cases out of almost 200 similar cases brought by shooting enthusiasts and supported by the National Association of Game Councils.
In the first test case brought by Dublin firearms dealer, Michael Walls, he is seeking orders quashing the October 2009 refusals by Garda Chief Superintendent Gerard Phillips, based at Ballymun Garda Station, to issue firearms certificates for seven pistols owned by him which are considered as restrictive firearms.
The court heard that Mr Walls is actively involved in shooting clubs and competitions, both nationally and internationally, for many years.
He claimed Chief Supt Phillips told him, in a letter, he was not satisfied Mr Walls had shown a good reason for requiring a restricted firearm where a non restricted firearm would not fulfil his purpose.
Mr Walls had asked for a meeting with the officer about the matter but was refused and he was also not provided with reasons for the decision, it was claimed.
In a replying affidavit to Mr Walls, Chief Supt Phillips said in October 2009, after considering Mr Walls application and having weighed all of the relevant considerations, he was not satisfied Mr Walls had a good reason for requiring the guns and also did not think a meeting with Mr Walls was necessary.
The Chief Supt said he also took into account other factors, including the number of gun-related crimes in his Garda division and the dangers handguns can pose to the public.
The hearing, which commenced earlier this month, had been put on hold until this morning after the Judge expressed concern a senior garda had altered a "substantial number" of application forms.
The Judge had invited the State authorities to consider whether they would stand over the Garda licensing system after hearing evidence a number of application forms were altered after the legal proceedings were initiated.
The judge found the evidence in two of the three test cases so far showed the recording process had not been correctly followed. The judge also said he wanted to hear what the State had to say about the altering of forms before continuing with the case.
Mr Justice Hedigan had found evidence in two of the three test cases so far showed the recording process had not been correctly followed. It had been admitted a substantial number of application forms had been altered, after having been previously signed and finalised, he said.
Large sections of the official application forms, whose completion is mandatory, had not been filled in, leading to licences being refused, the court heard. The judge noted this was described as due to "inadvertence", or an error, by the authorities.
The accuracy and integrity of licensing records was essential to the safe and effective operation of the scheme, he said.
"If the system put in place is not being followed, then both the granting and refusing process is clearly flawed".
Ireland's firearms laws were changed in 2009 to make it more difficult, on public safety and security grounds, to obtain a licence.
