McGuinness's (Gerard) Application
| Jurisdiction | Northern Ireland |
| Judge | Keegan J |
| Judgment Date | 24 October 2019 |
| Neutral Citation | [2019] NIQB 92 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 24 October 2019 |
1
Neutral Citation No: [2019] NIQB 92
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11093
Delivered: 24/10/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
IN THE MATTER OF AN APPLICATION BY GERARD McGUINNESS
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE SECRETARY OF STATE
FOR NORTHERN IRELAND
________
KEEGAN J
Introduction
[1] This is an application for leave to apply for judicial review brought against
the Secretary of State for Northern Ireland (“Secretary of State”). The applicant is a
person prohibited from possessing firearms and/or ammunition by virtue of Article
63(2) of the Firearms (Northern Ireland) Order 2004 (“the 2004 Order”).
[2] Article 63 of the 2004 Order reads as follows:
“Prohibition of possession, etc. of firearm by certain
persons
63.—(1) Subject to paragraph (7), a person who has
been sentenced to—
(a) Imprisonment; or
(b) Detention in a young offenders centre,
shall not at any time purchase, acquire or have in his
possession a firearm or ammunition unless the term
of imprisonment or detention to which he was
sentenced was less than three years.
(2) Subject to paragraph (7), a person who has
been sentenced to—
(a) Imprisonment for a term of three months or
more but less than three years; or
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AS2's Application
...to this matter. Mr Lavery effectively conceded this point in his oral submissions. I also dealt with this point in McGuinness Application 2019 NIQB 92. The only viable claim as regards responsibility relates to the departmental actions after the decision of Treacy J. [16] My second observat......