Gun owner loses certificate for failing to disclose facts

Solicitor Louise Healy said the background to the refusal was that her client omitted to refer to the safety order against him.

Ms Healy said he was subsequently prosecuted for breaching this safety order and given the benefit of the Probation Act and did not realise that had to be declared in his application for the renewal of the certificate for his Miroku double-barrel shotgun.

“He made a genuine omission in the form. He did not believe he had been formally convicted. There was absolutely no attempt to deceive, he has no previous convictions,” Ms Healy said.

Inspector Bill Duane was in Cork District Court yesterday and said the relevant question on the form related to the existence of the safety order.

“The form asks, ‘Have you ever been the subject of an order in court involving force or threat of force?’ The answer was, ‘No’,” Insp Duane said.

Judge Olann Kelleher said, the safety order granted to the applicant’s former wife in November 2011 was for the maximum period for such an order – five years.

Mr Ross said the reason for the safety order being granted was a verbal altercation he had with his wife and other disputed allegations.

Judge Kelleher asked: “Was the order granted because people were in fear of you?” Cecil Ross replied: “Yes.”

Judge Kelleher said he appreciated that the applicant may not have intended to mislead the inspector in his application.

The judge said he had to be very careful in relation to the granting of firearms certificates.

The judge said he accepted the original decision of the inspector and he refused Cecil Ross’s appeal against that decision.