Courts / Dublin / Report
Kerry firearms dealer has conviction for importing WW-2 era machine gun component overturned
Summary
A Kerry firearms dealer has had his conviction for importing and possessing a prohibited component for a WW2-era machine gun overturned on appeal. Judge James O'Donoghue ruled that Patrick O'Mahony Jnr (56) had no 'nefarious intent' in possessing the component. His defence argued that the item was a curiosity to be displayed in a glass case and fell under an exception in the Firearms Act for antique firearms used as a 'curiosity or ornament'. O'Mahony was previously fined €2,000 and had a destruction order made against the component. He appealed, citing his family connection to the weapon and his status as a licensed firearms dealer. Customs officers stopped him at Dublin Airport in 2021 with the component, which was identified as a bolt carrier for a Browning 1919 machine gun. Garda investigations confirmed O'Mahony was a restricted firearms dealer with valid licences. A garda ballistics expert stated the component was prohibited as it could be used in a functioning firearm. However, the judge found no evidence of nefarious intent and allowed the appeal, overturning the conviction.
Who, what, where, when and why
What: Report matter: Kerry firearms dealer has conviction for importing WW-2 era machine gun component overturned. Procedural stage: appeal. Findings: Convicted
When:
- November 28, 2021 Incident
- 2026-06-29 Publication
Why: Judge O'Donoghue said that there was no evidence of any other motive and that there was no evidence to lend weight to the argument that the item wasn't a curiosity. CNI source report
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; He was fined €2,000 and a destruction order was made.
Places mentioned
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