1 - About this appeal
You can make an application to appeal to the District Court if your gun licence issue or renewal has been refused by An Garda Síochána and you believe that the decision was unfair or incorrect.
You must file your appeal within 30 days of receipt of the notification of refusal of the licence.
An Garda Síochána may refuse your licence based on:
- Failure to demonstrate a "good reason" for needing the firearm for example, personal safety is not a valid reason
- Concerns regarding public safety or peace
- Inadequate security arrangements for storing the firearm
- Concerns about the applicant's character, such as pending charges or previous convictions
The application must be made in the District Court district where the applicant resides or carries on business.
Who can help
For further information on the refusal of your gun licence application you should contact your local Garda station. You can locate your local Garda station here.
Appealing the refusal of a gun licence can be complicated. You should consider getting legal advice to better understand the options available to you.
2 - How to make your appeal
You can download your application form Form 40.D01 Appeal of a Refusal of a Gun Licence or contact your local court office and they can send an application form to you by post. The person making the appeal is the appellant and the person you are making the application against is the respondent, the Chief Superintendent of an Garda Siochana of your district.
You will need to include the following information to complete your application:
- District Court area and number
- A record number which will be inserted by the court office
- Enter the enactment which is the section of the legislation that is relevant to your application - Section 15(a) of the Firearms Act 1925 (as amended)
- Your full name and address
- The respondent's full name and address
- The date and time of court which the court office will give you
- Details of what you are asking the judge to do
- Reasons why your are appealing the decision
- List of documents you intend to rely on or use in court, including the written refusal and attach copies
- The address of the court office where you filed your application
Court fee
The fee for this application is €25. It can be paid at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex) by card or cash.
Next steps after paying your fee
The court office will check your application, give it a record number and they will return the form to you. You will need three copies of the stamped application:
You will need three copies of the stamped application:
- The original for the court office
- A copy to be served upon the respondent
- A copy for yourself
3 - Serving and submitting your appeal
Serving your appeal
The respondent in the appeal of a licence refusal in this case is The Chief Superintendent of an Garda Síochana of your district. You must send a copy of your application to them. This is called serving the application Please see our serving and proof of service page for more information.
The Respondent must be notified at least 14 days before the court date by registered post. Your post office will give you a certificate of postage
Submitting your appeal
A copy of the stamped application with the declaration of service attached must be lodged in your local District Court office at least 7 days before the court date.
4 - Attending court
You and your legal representative (if you have one) should arrive on time on your court date and make yourself known to the court when your list number and name is called out. The time that your case will be heard will depend on where it is on the list. Sometimes your case may not be dealt with until later in the day.
The judge will hear the evidence and make a decision on your case.
Please see our preparing for civil court pages for more information on what to expect in court.
Read more about preparing for court >
Results from your hearing
Your case can have a number of outcomes. The judge may:
- Confirm the Garda decision so that orignal refusal stands
- Allow the appeal, requiring the Gardaí to grant the gun licence
- Allow the appeal with conditions attached
- Dismiss your application
- Adjourn your case for more information
What happens after your hearing
See our What happens after Civil Court page for more information on what to expect after your court hearing.
You should know unlike othercourt applications, the decision of the District court in these appeals is final.
There is no appeal to the Circuit court. These matters can only be appealed to the High Court on a point of law and require legal advice.
