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Shop owner had 'operative and lethal' firearm for self-defence, court hears
Summary
Wayne Harte, 44, of Cloonmore Lawns, Tallaght, was found guilty of possessing a firearm and ammunition in his home on 8 November 2023. He claimed the gun was given to him by a third party for self‑defence after his shop and family were allegedly threatened. The court noted the weapon was "operative and lethal" and that Harte's explanation could not be verified by Gardaí. Harte had prior convictions, mainly for traffic offences, and was a carer for three children. Judge Martin Nolan, acknowledging the defensive claim and references in support of Harte, departed from the mandatory minimum of five years and imposed a five‑year suspended sentence, suspended in full under conditions. Harte thanked the judge during sentencing. The case remains at the sentencing stage.
Who, what, where, when and why
What: Report matter: Shop owner had 'operative and lethal' firearm for self-defence, court hears. Charges or matters: possession of the firearm at his home on November 8, 2023, after gardaí searched the house and found the gun and some ammunition. Procedural stage: sentence
When:
- November 8, 2023 Incident
- 2025-07-01 Publication
Why: In relation to the explanation proffered by Harte that he needed it because he was under threat, the judge noted that gardaí could not say whether this was true. CNI source report
Case subjects
Defendant
Charges: possession of the firearm at his home on November 8, 2023, after gardaí searched the house and found the gun and some ammunition (Alleged Or Contested)
Outcome: Martin Nolan said it would be unjust to jail defendant for possession of firearm (Photo: Collins) By Isabel Hayes A shop owner caught with a firearm in his home who told gardaí he had it for self-defence has been given a five-year suspended sentence.
Defendant
Charges: possession of the firearm at his home on November 8, 2023, after gardaí searched the house and found the gun and some ammunition (Admitted)
Plea: Guilty
Outcome: The judge said he had come to the conclusion it would be unjust to jail Harte and he set a sentence of five years, which he suspended in full on a number of conditions. Harte's supporters cried in court when the sentence was handed down and Harte said, "thank you judge" a number of times.
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