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It is clear that there are now inconsistent judgements of the High Court. in O’ Leary v Maher, (Unreported 25th April, 2008 High Court) I find myself unable to follow those decisions. in Goodison v Sheahan, (Unreported 2nd May, 2008 High Court) and of Clarke J. Insofar as my decision in this regard, differs from that of Peart J. The learned Judge appears to have held that a superintendent, when considering section 4(a) can only consider the capacity of the applicant to use the particular gun safely and that the superintendent cannot have regard to the broader safety issues and considerations referred to in McCarron. appears to have reached a different conclusion in O’Leary v Maher. I do not accept that in this case the respondent misconstrued his powers under section 4(a) of the Firearms Act, 1925 as amended rather the decision was one which he was entitled to make. Those factors include public safety, the good order of the community, the proliferation of weapons, and the dangerousness of the gun (including considerations of calibre, ammunition type, the lethal effect or danger of shooting distance, velocity of the ammunition, and the size and shape of the gun and the use to which it might be put). It is clear, therefore, that the judgement in McCarron is authority for the proposition that a superintendent may consider a broad range of factors and issues when deciding whether an applicant for a firearms certificate has satisfied him that he has a good reason for requiring the particular gun. The basis of this requirement is that individuals will only be granted a restricted firearms certificate when a non restricted firearm will not fulfil the same purpose as a restricted firearm. 308 inch (7.62mm) calibre or centre-fire rifle whose overall length is less than 90 centimetres will come into the restricted firearm category. Each case will always be assessed on its own individual merits in accordance with the law. Superintendents and chief superintendents of the Garda Síochána are ultimately responsible for the administration of the firearms legislation in their areas and they will continue to act as personae designate under the Firearms Acts 1925 to 2009.
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In operating the licensing system, the Garda Síochána shall aim to provide a service that facilitates the efficient processing of all applications pertaining to firearms certificates,