THERE has been a ban on the public ownership of handguns in this State and in Northern Ireland since the early 1970s. Only members of the police and Defence Forces are entitled to have handguns.
The general rule applied to handguns is based on the principle that a handgun has no use other than for shooting people. It is not a suitable weapon for hunting or vermin control.
The possession of handguns is prohibited under the Firearms Act and only rifles of .22 calibre and shotguns are readily licensed. Larger rifles are certified for people shooting deer. There are some exceptions for the use of small bore target weapons where the weapons are controlled by gun clubs.
No handgun of any kind can be legally kept on private property. Possession under the firearms laws carries penalties of up to five years but a person could also face prosecution under the Offences Against the State Act which carries much heavier penalties.
The ban on handguns was introduced in the early 1970s, with the spread of terrorist violence, and the Government held an amnesty to allow people who had old handguns in their possession to hand them into the Garda.
At the time, the main concern was to prevent terrorist organisations from stealing legally held guns for use against the State. Since then, however, senior gardai have remarked on how the introduction of the ban has served Irish society well and prevented death and injury.
Under the Firearms Act a Garda superintendent may revoke a firearms licence if satisfied a person has "no good reason for requiring the firearm". The Act also allows a superintendent to remove a weapon from someone who is of "unsound mind", under 16 years, or "any person of intemperate habits".
The Firearms Act and Wildlife Act of 1976 also prohibits the possession of a repeating or automatic shotgun capable of carrying more than three cartridges. Shotgun barrels must be at least 24 inches in length.
This effectively outlaws "sawn off" shotguns, which can injure large numbers of people with a single blast and repeater shotguns, which, combined with some of the powerful cartridges on the market, could also cause horrific injury.
The situation in Northern Ireland is different only in that the RUC has been issuing licences for handguns to members of the public who are regarded as being under threat from terrorists.
Large numbers of handguns, including some of the most powerful weapons on the market, have been issued over the past 20 years in Northern Ireland and this is a matter of concern.
Gerry Moriarty adds:
The British ban will not apply to Northern Ireland but last night the Northern Secretary, Sir Patrick Mayhew, said he would carefully consider Lord Cullen's report to judge whether any of his proposals should be extended to the North.
At present 87,531 people in Northern Ireland legally hold 134,293 firearms. Of these 12,904 are handguns. But, according to security sources, the majority of handguns are in the possession of people who live "under threat".
They are held by people such as part time police and prison officers, some politicians, and business people who do work for the RUC and British army.
As part of the continuing review of firearms legislation in the North which began last November the Northern Secretary said Lord Cullen's findings would be carefully analysed.