A number of legal challenges brought by shooting enthusiasts against refusals by gardaí to issue the gun owners with certificates for restricted firearms, has commenced before the High Court.
In three cases before the court, the gun owners are seeking orders quashing the Gardaí's refusal to issue them with licences. They claim the Gardaí's refusal amounts to a breach of their constitutional rights and amounts to a fixed policy of not issuing licences for guns that can be legally held.
The Gardaí, who are opposing the action, deny that there is any fixed policy and have argued they are entitled to refuse to grant the licences sought.
The actions are seen as important test cases as there are almost 200 similar actions pending before the court. The actions are being supported by The National Association of Regional Game Councils.
The first of the cases has been brought by Dublin man Mr Michael Walls, who is seeking orders quashing refusals in October 2009 by Garda Chief superintendent Gerard Phillips, who is based in Ballymun garda station, to issue firearms certificates in respect of seven pistols owned by Mr Walls, which are considered as restricted firearms.
Today, Conleth Bradley SC for Mr Walls said his client has been actively involved in shooting clubs and competitions, both nationally and internationally, for many years. Mr Walls has the guns for sporting purposes.
Mr Walls, counsel said, is ranked number two in the world in the WA1500 shooting competition where the minimum calibre of firearm permitted is .35 or higher for pistols.
Counsel said Mr Walls held licences for the seven guns, which were custom-built as sports firearms. He applied to the Gardaí in 2009 to have those license renewed.
In October 2009 Chief Superintendent Phillips informed him by letter that after giving consideration to his application, he was not satisfied that Mr Walls had shown a good reason for requiring a restricted firearm where a non-restricted firearm would not fulfill the purpose for which the firearm was required.
Counsel said that his client sought a meeting with Chief Supt Phillips to demonstrate his good reasons for requiring the guns. His request was not granted. Counsel said his client was not provided with proper reasons for his decision, which Mr Walls believes "is unjust".
Counsel added that it was also Mr Walls case that the Superintendent has refused to issue a single renewal in respect of similar applications and had applied a fixed policy of not licensing such firearms.
In a replying affidavit Chief superintendent Phillips denied he was applying a fixed policy of refusing to issue licences for restricted weapons.
He said that in making the decision he had specific regard to factors including the guns' characteristics and the purpose for which Mr Walls used them. He 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 in question.
He also said that following his refusal he did not think that a meeting with Mr Walls was necessary.
The Chief Supt. added that he also took into account factors including the dangers that handguns can pose to the public.
In light of crime statistics and the dangers involving guns of the type Mr Walls sought licences for, the Chief Supt added that he approaches applications for firearms with caution.
The hearing before Mr Justice John Hedigan continues and is expected to last for several days.
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