A DISTRICT Court has heard how there are 230,000 licensed guns in the State, or one gun for every 16 people. Some 500 of these are high-calibre handguns or pistols, and are restricted.
A Garda chief superintendent, whose refusal to grant a certificate for six powerful handguns to a father and son for target shooting, was overturned at Killorglin District Court yesterday, said there were far too many powerful high-calibre handguns in the State.
They were unsuitable for target practice, he said, and it was his view civilians should never be allowed them as they could be the target of kidnappings by criminal elements who wanted to get their hands on semi-automatic weapons normally used by police forces.
Paddy O’Mahony (70), Ballyraemeen, Castlemaine, Co Kerry, who is retired from the Army and a licensed dealer in firearms, appealed against the refusal of Kerry Garda Chief Supt John Kerin to allow him a firearms certificate to license a .22 Colt pistol, a .45 colt revolver, a 7.63mm Mauser pistol and a .45 colt 1911 Gold Cup pistol.
His son Patrick O’Mahony, of the same address, appealed against Chief Supt Kerin’s refusal to grant a certificate for a 9mm Browning pistol and a .41 Smith Wesson revolver.
Both men told the court they needed handguns of that calibre to compete in international competitions such as the WA 1500 Association, and the higher score Bulls Eye competition. Both had training certificates for the weapons. No question had ever been raised about their character.
Mr O’Mahony snr was a founder member of An Riocht gun club which had 100 members, and he had built a shooting range to which there was very restricted access. Judge James O’Connor allowed the appeals, but in the case of the Mauser pistol amended the terms so that it could be used only three times a year, which the court was told was necessary to keep the gun in good condition.
Killorglin District Court heard how the weapons were modified for static target shooting. However, Det Insp Kevin Brooks, head of the Garda ballistics school, said the handguns were “fundamentally police combat guns” used by military or police forces because of their proven killing power.
One gun, a Mauser dated 1876, was described by witnesses as a rare antique in pristine condition, the same as used by Éamon de Valera when he had been fighting.
Chief Supt Kerin, the head of the Garda in Kerry, said legislation introduced in 2009 meant good character was no longer enough to be allowed to hold a licence for high-calibre, semi-automatic handguns. There had to be good reason to possess them, he told Supt Michael O’Donovan.
The O’Mahonys, were people of good character and had been granted licences under 2006 legislation, he said.
The Criminal Justice Miscellaneous Provisions Act 2009 had imposed extra conditions including good and sufficient reason to possess handguns of high calibre, and that the firearm had to be appropriate for its intended use, he told Supt O’Donovan.
“Different chief superintendents have different views. My point is, these guns are to kill people and to defend people.”
The weapons were semi-automatic and he had concerns about the so-called “tiger” kidnappings by criminal elements, Supt Kerin told Michael O’Connell, barrister for the O’Mahonys.
Chief Supt Kerin said that, in his opinion, “500 [high-calibre handguns] is far too many in a country like Ireland. There should be no guns of this type in the hands of civilians. I don’t believe target shooting is a good and sufficient reason.”
Other lower-calibre guns, which were not on the restricted list and which had been agreed by the national Target Shooters Association and the Olympic Council of Ireland could be just as effective for “putting a hole in a target”, the chief superintendent said.
An expert witness for the O’Mahonys told the court there were three categories of firearms; prohibited, which meant they could not be licensed to civilians; restricted in the case of powerful handguns, and unrestricted.
There were more than 230,000 licensed guns in the Republic, or one gun for every 16 people. These included 500 licences for restricted firearms as in the case before the court, and no new such licences were to be granted.
After nearly three hours of evidence, the judge said he was satisfied that the applicants wanted them for sporting competition. He was satisfied they were as well trained as any military personnel to use the weapons.
Judge O’Connor granted the appeal.