Brown's (Chalmers) Application

JurisdictionNorthern Ireland
JudgeCarswell LCJ
Judgment Date2003
Neutral Citation[2003] NICA 7
Date18 February 2003
CourtCourt of Appeal (Northern Ireland)
1
Neutral Citation No [2003] NICA 7 Ref:
CARF3859
Judgment: approved by the Court for handing down Delivered:
18.02.2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_____
IN THE MATTER OF AN APPLICATION BY CHALMERS BROWN FOR
JUDICIAL REVIEW
_____
Before: Carswell LCJ and McCollum LJ
_____
CARSWELL LCJ
[1] This is an appeal from a decision of Kerr J given on 20 May 2002,
whereby he dismissed the appellant’s application for judicial review of a
decision by the Secretary of State for Northern Ireland refusing renewal of a
firearm certificate and affirming the decision to the same effect of the Chief
Constable of the Royal Ulster Constabulary. At the conclusion of the hearing
we dismissed the appeal and stated that we would give our reasons in writing
at a later date. This judgment now contains our reasons for dismissing the
appeal.
[2] Between about 1971 and 2000 the appellant owned a shotgun and held a
firearm certificate covering the gun and ammunition, which was regularly
renewed. In paragraph 2 of his affidavit grounding the present application
for judicial review the appellant stated:
“… having a shotgun is part of my way of life. Both
my father and my grandfather before me had
shotguns and having a shotgun is part of my family
history and heritage. It is something which I value
and which, at least in part, defines who I am and the
way that I think about myself as a country man.
Shooting and hunting have been part of my life for
the last 20 years.”
[3] On 20 January 2000 the appellant applied for a renewal of the certificate,
which was due to expire on 24 January. He paid the renewal fee on 12

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2 cases
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    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 24 October 2019
    ...prohibition in place. Mr Sayers also mentioned a Convention point relying on the case of Re Brown’s Application for Judicial Review [2003] NICA 7 (applied in Re GMJ’s Application [2014] NIQB 135 and EH v Minister of 7 Justice [2017] NIQB 107) however he accepted that Brown was a Court of Ap......
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