Businessman has firearms licence appeal refused over alleged armed stand-off with Wicklow gardaí
Brian McDonagh (65), of Walkinstown, Dublin 12, appeared before a sitting of Bray District Court for the appeal of his gun licence.The appeal relates to the decision to revoke Mr McDonagh’s firearms licences in January 2026.Superintendent John Fitzgerald told the court that Mr McDonagh had previously been granted several firearms licences, most recently on March 26, 2024, for a Beretta shotgun and a BS4 air rifle.He outlined an alleged incident on February 24, 2025, when he was on duty at Bray Garda Station and gardaí were alerted that the Dublin County Sheriff was attending Mr McDonagh’s former property at Drummin House, Delgany, Co Wicklow, to repossess it.The court heard that gardaí received reports that the accused had allegedly produced and pointed a shotgun at the sheriff and his staff as they attempted to enter the house.Superintendent Fitzgerald said he attended the scene, along with armed support units. “At that stage, we believed we were dealing with a potential hostage or suicide incident,” he said.After arriving, he took cover behind an armed Garda vehicle and attempted to make contact with Mr McDonagh by phone and text message, but received no response.Negotiators from the Garda National Negotiation Unit were deployed to the scene, along with additional armed support and members of the Emergency Response Unit (ERU).Supt Fitzgerald said he later left the scene but remained in contact with the negotiation team and the ERU. At around 2pm, he was informed that the accused had left two firearms outside the property, which were seized by gardaí and are now being retained as evidence in separate criminal proceedings.The court heard that Mr McDonagh subsequently exited the property and was arrested by Detective Garda Brian Higgins.A search of the house was later carried out, as gardaí believed evidence of an alleged offence may have been inside. The property has since been sold to new owners.CCTV footage was played to the court, with the first clip showing body-worn camera footage in which voices can be heard saying, “He has a shotgun, put that down,” and “I’m not going in there, he has a gun”.In a second clip, Mr McDonagh can be seen holding a shotgun while walking up and down the stairs inside the Delgany property.Supt Fitzgerald also raised further objections, citing alleged incidents between September 30 and October 5, 2025. He claimed that the defendant had “continued to engage in a campaign of trespass, harassment, criminal damage and repeated burglary offences at Drumin House”.The accused faces charges relating to this period, including two counts of harassment, three counts of trespass on a building, and one count of criminal damage. He denies these allegations.Mr McDonagh’s firearms licences were subsequently revoked by the superintendent after “considering all the factors in the incident,” adding that he was not satisfied Mr McDonagh was a suitable person to hold a firearms licence.The decision was made in January 2026 and was served on Mr McDonagh later that month.Solicitor for the accused, Michael O’Connor, told the court that his client had previously held multiple licences and asked the superintendent why he revoked them, to which he replied it was “based on his alleged criminal activity”.“A small word we use in court is ‘alleged’, and my client has the presumption of innocence,” said Mr O’Connor.Mr McDonagh had been previously been charged with the production of a shotgun during a dispute, unlawful possession of a firearm, and the wilful obstruction of a sheriff, over the incident described by Supt Fitzgerald at the Delgany house.The matter is listed for trial in the summer of 2026, as Mr McDonagh has instructed his legal advisers to plead not guilty. The same applies to the alleged incidents in October.Mr O’Connor said that the State had provided no disclosure and that the case was at risk of being struck out, but that his client had instructed that the matters proceed to the Circuit Court for trial before a judge and jury, as he believes he was unlawfully evicted.Both firearms have been seized, and Mr McDonagh will not have them returned before his trial.Defence solicitor Michael O’Connor also asked about how firearms certification works and whether licences are tied to specific weapons.“If I have a Colt pistol and a certificate for it and want to buy a Magnum, what do I do?” Mr O’Connor asked.Superintendent Fitzgerald replied that each firearm requires its own certificate and must be individually licensed.He added that even if Mr McDonagh were found not guilty in the criminal proceedings, he would still not sign off on the reinstatement of his firearms licences.Mr O’Connor argued that, as a senior officer of the State, the superintendent should “judge it fairly”. “I wouldn’t be granting it,” Supt Fitzgerald replied.Mr McDonagh gave evidence that he had never been in trouble prior to the alleged incident and said he held the firearms as a member of a clay pigeon shooting club. He told the court he also used them for “culling” foxes and other vermin that interfered with livestock on his 12-acre property.Supt Fitzgerald said he accepted that the accused had legitimately held firearms for vermin control, but added that he hoped Mr McDonagh “would accept that this did not extend to allegedly pointing a gun at the sheriff”.Judge David Kennedy refused Mr McDonagh’s application, remarking that even if the superintendent’s concerns were insufficient, it was appropriate to refuse the appeal.Funded by the Court Reporting Scheme
