A District Court judge has called for tougher fines and sentencing for firearms offences following the prosecution of a father of two for having an unlicensed crossbow and sawn-off .22 air rifle at his home in Co Galway.
Judge Mary Fahy said she wanted to impose greater fines in the case to mark the seriousness of the offences, but was restricted by the 1971 Firearms Act, under which the prosecution had been brought, and she said the legislation should be looked at and updated.
The judge made her comments at Galway District Court where courier and "avid hunter" Thomas Costello (46), of Knockdoemore, Claregalway, Co Galway, pleaded guilty to having a Parker crossbow, and a sawn-off .22 calibre E1 Gamo Mark 2 "Paratrooper" air rifle, without having a firearms certificate for either weapon.
Insp Seán Glynn said that as Costello had no previous convictions, the 1971 Act allowed for a maximum fine for the first offence of just €63.49, while a €253.95 fine and/or a maximum three-month prison sentence could be imposed for the second offence.
The court was told that acting on a complaint from a member of the public, Garda Mick McCarthy went to Costello's home on March 2nd last where he found both illegally held weapons. Garda McCarthy said the accused had five other firearms but they were all legally held.
Damhnait McLaughlin, de- fending, said while her client was pleading guilty to both charges, an elderly man gave him the air rifle six years ago and it had never worked properly, while his brother owned the crossbow. It was stored in a container in her client's backyard and he did not even know it was there.
Judge Fahy asked to see the weapons and discounted the claim that Costello knew nothing about the crossbow. "How could anyone be in possession of that without knowing about it? Look at the size of it," she said.
Hearing that the accused has five other weapons, the judge said she was "lost for words," but quickly observed: "We do not live in a hunting/shooting type of country; a country like where Prince Charles lives and where people go out hunting all the time."
Judge Fahy then imposed a one-month sentence on him for the crossbow, suspended for two years. She fined him €60 for having the air rifle. "The law is totally inadequate to deal with such firearms," she added.