Published Thursday, 26 January 2012
On Friday, Michael Toner was granted leave to seek a judicial review of the refusal of his application for a firearms certificate.
A judge was told he has never been arrested and has received a character reference from Deputy First Minister Martin McGuinness.
His barrister, Sean Devine, claimed the decision was unfair and based on secret information.
He said: "There is an acute sense of injustice on his part.
"As a result of the lack of disclosure given he is utterly unable to penetrate the thinking of the authorities in refusing him a firearms licence."
Mr Toner's age, address or his reasons for wanting a gun were not disclosed during the hearing.
The decision by police to refuse him a certificate was upheld on appeal to the Secretary of State last year.
According to Mr Devine the only reason given was that his client was allegedly involved in criminal activity. He stressed that Mr Toner has led a completely lawful life.
"The only remotely exotic aspect of his life is that he is a member of Sinn Féin," the barrister said.
Mr Devine referred to "some sort of security issue in the background".
He revealed that Mr McGuinness took time out during his campaign to be elected Irish President to give Mr Toner a reference.
"In circumstances where there is a Sinn Féin involvement I would ask the court to bear in mind this would have been a carefully considered decision," he contended.
"There was no need to do it. He was running for one of the highest offices on this island.
"If there were issues on the ground would he have been inclined to provide such a reference?"
The barrister added: "There is real scope here for police to simply refuse such licences in circumstances where they don't like the cut of your jib, or your face doesn't fit."
Counsel for the respondent authorities in the case argued that no-one has an automatic right to carry a gun, and that public safety must be ensured.
Adrian Colmer also contended that the application was properly dealt with.
"The two competing positions are opposite ends of the spectrum," he said.
"All that the Northern Ireland Office is required to do in giving the gist is to put forward the simple proposition that Mr Toner is involved in criminal activity."
The judge hearing the challenge, Mr Justice Treacy, held that an arguable case had been established.
Granting leave to seek a judicial review, he said: "I consider that there are issues that this case raises which merit further consideration."
A full hearing will now take place in April.