The boy, 16, who is from north Dublin, and four men were arrested on Thursday and detained under Section 30 of the Offences Against the State Act 1939 at Garda stations in west Dublin.
However, a judge was forced to release him, despite Garda and parental concerns, because there was no space to hold him at the Oberstown Children Detention Campus.
Gardai seized a firearm, ammunition and suspected cannabis and diazepam during the operation.
The 16-year-old boy, who cannot be named because he is a minor, was charged under the Firearms Act with unlawful possession of a 32 calibre Browning 1900 semi-automatic pistol on October 24 in a property at Millrace Park, Saggart, Dublin 24.
He was brought to appear before Judge Michele Finan at Dublin District Court and faced objections to bail.
Garda Ross Tallon of Ballyfermot station said the teenager “made no reply” to the charge, and the officer confirmed he had intended to object to the teen bail’s under section two of the Bail Act.
Under that legislation, the court may remand in custody and refuse a bail application if satisfied it was reasonably considered necessary to prevent that person from committing a serious offence.
However, the garda added, “There are no beds in Oberstown, so I can’t make that objection.”
The judge asked if he was still objecting to bail.
“Unfortunately, I can’t, given the circumstances; I would like to,” Garda Tallon replied.
Judge Finan noted the boy’s parents were in court for their son’s hearing.
Defence solicitor Brian Keenan said the boy’s family were concerned that there was no bed to hold the teenager in the Oberstown Children Detention Campus. The solicitor said he had discussed bail conditions with the garda.
Judge Finan told the garda he was in an “unsatisfactory situation today”, but she added that it could be remedied on a later date when the case resumes at the Children’s Court.
In evidence, it was claimed the teenager was found in possession of the gun, and the judge enquired, “Would you have concern for the safety of other people?”.
The garda replied, “I would.”
Then, Judge Finan told him to contact the detention centre again, but the garda explained, “I think that has been exhausted”, which was confirmed by the defence solicitor.
The court then imposed bail terms but did not include a garda station signing-on requirement. Mr Keenan submitted that making the boy do so would “put him in a place with other individuals we are trying to keep him away from.”
The judge suggested that gardai could arrange meetings with the boy at a shopping centre instead, but the garda then agreed with Mr Keenan and did not seek the condition.
Judge Finan ordered the boy to provide the arresting officer with his telephone number “and be contactable at all times”, obey a 9 pm – 7 am curfew, and have no contact with four other males, directly or indirectly, including by social media.
The teen, who has yet to enter a plea, spoke only to say “thank you” before being warned he must obey the terms and appear at the Children’s Court next week.
The judge said gardai must obtain directions from the Director of Public Prosecutions (DPP).
The other four individuals arrested were not charged. They were released from the provisions of Section 30 of the Offences Against the State Act, 1939, and files will be prepared for the DPP.
