Judge John Neilan has set the precedent for the licensing of pistols in the Mullingar District after the first test cases in the area under new legislation.
The new law does not allow people to apply for a new licence for a 9mm pistol; however, those who previously held licences can apply to have their licence restored.
The two cases heard before the court indicate the judge’s view that having these guns for sport or competition is not a good enough reason when there are other guns that can be used for target shooting.
However a professional soldier who is doing a degree in the subject was allowed to have a licence while he is still a member of the armed forces.
There were lengthy hearings at the District Court where considerable evidence was heard in favour of ordinary people being allowed to have the guns, while the Gardaí objected strongly on the basis that these pistols are a “military - police combat style weapon”.
Hugh Johnston of 13 Stonebridge Park in Rochfortbridge was refused a licence, even though he said he uses the pistol he has for international competitive target shooting.
He gave details of onerous security measures he has to take to store the pistol and to transport it to and use it at the shooting range.
Detective Sergeant Jarlath Lennon from the Ballistics Section of the Garda Technical Bureau told the court that the model Mr Johnston wanted to use has a very high rate of fire, and allows bullets to be safely carried in the chamber for immediate discharge.
This is not the case for Olympic pistols, he said, which are the standard for target shooting and he said a 9mm pistol poses a greater threat to safety than .22 pistols do because of their increased power and magazine capacity.
Judge Neilan turned down Mr Johnston’s appeal against Superintendent Willie Ryan’s decision to refuse him a licence, saying he didn’t see why his particular 9mm pistol was necessary to engage in sport and was satisfied with the superintendent’s decision.
However he overturned the superintendent’s decision in the case of Mark Keeley, 52 Derrygreenagh Park, also in Rochfortbridge who specialises in armoury and is doing a degree in the subject.
Noting that he has a “wide and long experience” with weapons, the judge said members of the armed forces needed knowledge of using a firearm that is “second to none”.
He said it would be wrong to remove the pistol licence so long as he remains a member of the armed forces.
