Control of Firearms
FIREARMS ACT 1925
REVISED
Updated to 1 August 2023
AN ACT TO PLACE RESTRICTIONS ON THE POSSESSION OF FIREARMS AND OTHER WEAPONS AND AMMUNITION, AND FOR THAT AND OTHER PURPOSES TO AMEND THE LAW RELATING TO FIREARMS AND OTHER WEAPONS AND AMMUNITION. [6th June, 1925.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Application of collectively cited Firearms Acts 1925 to 1990 extended (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 20.
Provisions of Firearms Acts and other statutes
20. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 17 of 1925
Firearms Act 1925
Sections 3B, 3C, 4B(6) and 27
…
…
…
C3
Application of Act extended (28.01.1964) by Firearms Act 1964 (1/1964), s. 5, commenced on enactment.
Contravention of orders under sections 3 and 4.
5.—A person who contravenes a provision of an order under section 3 or section 4 of this Act shall be guilty of an offence under the Principal Act.
C4
Exemption for certain proofs in relation to prosecutions under Act provided (28.01.1964) by Firearms Act 1964 (1/1964), s. 24, commenced on enactment.
Onus of proof.
24.—(1) Where, in a prosecution for an offence under the Principal Act, the existence or non-existence of a firearm certificate, a licence under section 17 of the Principal Act, an authorisation under section 2 of the Principal Act, a permit under section 3 of this Act or an authorisation under section 13 of this Act is material, it shall not be necessary to prove that the certificate, licence, authorisation or permit does not exist.
(2) Where, in a prosecution for an offence under the Principal Act, possession, use or carriage of a firearm or ammunition by a person is proved, it shall not be necessary to prove that the person was not entitled to have in his possession, use or carry a firearm or ammunition.
Editorial Notes:
E1
Previous affecting provisions: application of collectively cited Firearms Acts 1925 to 1990 extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 8; revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(a).
E2
The possession of articles connected with certain offences under the collectively cited Firearms Acts 1925 to 1990 is also an offence as provided (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 7(1), commenced on enactment and continued in force to 30.06.2013 by motions of Dáil Éireann on 13.06.2012 and Seanad Éireann on 20.06.2012 in accordance with s. 18(2).
E3
Offences under collectively cited Firearms Act 1925 to 1971 designated scheduled offences for the purposes of Part V of the Offences against the State Act 1939 (13/1939) (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).
E4
Previous affecting provisions: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990. Definition was replaced (1.08.2006) by Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.
Definitions and interpretation.
1.—F1[(1) In this Act—
“ammunition” (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes—
(a) grenades, bombs and other similar missiles, whether or not capable of being used with a firearm,
(b) any ingredient or component part of any such ammunition or missile, and
(c) restricted ammunition, unless the context otherwise requires;
“Commissioner” means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner’s functions under this Act;
F2[“Directive” means Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 20211 on control of the acquisition and possession of weapons (codification), and includes Articles 12 and 13 of Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast)3;]
“firearm” means—
(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,
(b) an air gun (including an air rifle and air pistol) with a muzzle energy greater than one joule or any other weapon incorporating a barrel from which any projectile can be discharged with such a muzzle energy,
(c) a crossbow,
(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission,
(e) a prohibited weapon,
(f) any article which would be a firearm under any of the foregoing paragraphs or paragraph (h) but for the fact that, owing to the lack of a necessary component part or parts, or to any other defect or condition, it is incapable of discharging a shot, bullet or other missile or projectile or of causing a shock or other disablement, as the case may be,
(g) except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:
(i) telescope sights with a light beam, or telescope sights with an electronic light amplification device or an infra-red device, designed to be fitted to a firearm specified in paragraph (a), (b), (c) or (e),
(ii) a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and
(iii) any object—
(I) manufactured for use as a component in connection with the operation of a firearm, and
(II) without which it could not function as originally designed,
and
(h) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun,
and includes a restricted firearm, unless otherwise provided or the context otherwise requires;
“firearm certificate” means a firearm certificate granted under this Act and, unless the context otherwise requires, includes a restricted firearm certificate, a firearms training certificate and a firearm certificate granted under the Firearms (Firearm Certificates for Non-Residents) Act 2000;
“firearm dealer” means a person who, by way of trade or business, manufactures, sells, lets on hire, repairs, tests, proves, purchases, or otherwise deals in firearms or ammunition;
“firearms training certificate” has the meaning given to it by section 2A of this Act;
“issuing person”, in relation to the grant or renewal of a firearm certificate, authorisation or licence, means, as the case may be, the Minister, the Commissioner or the superintendent of the Garda Síochána of the district where an applicant for or holder of the firearm certificate, authorisation or licence is residing;
“Minister” means the Minister for Justice, Equality and Law Reform;
“muzzle energy”, in relation to a firearm, means the energy of a projectile discharged by it, measured at its muzzle in joules;
“prohibited ammunition” means ammunition that is declared by order under section 2C of this Act to be prohibited ammunition;
“prohibited firearm” means a firearm that is declared by order under section 2C of this Act to be a prohibited firearm.
“prohibited weapon” means and includes any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing, and also any ammunition (whether for any such weapon or any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas or other noxious thing;
“place” includes a dwelling;
“prescribed” means prescribed by regulations made under this Act;
“registered firearms dealer” means a firearms dealer who is for the time being registered in the register of firearms dealers established in pursuance of this Act;
“restricted ammunition” means ammunition which is declared under section 2B(b) of this Act to be restricted ammunition;
“restricted firearm” means a firearm which is declared under section 2B(a) of this Act to be a restricted firearm;
“working mechanism”, in relation to a firearm, includes the mechanism for loading, cocking and discharging it and ejecting spent ammunition.]
(2) In this Act the word “port” means any authorised place of entry into Saorstát Eireann, and the words “export”and “import”include respectively export and import over a land frontier as well as export and import over a sea frontier, and all cognate words shall be construed accordingly.
F5[(3) In this Act references to a Superintendent of the Garda Síochána include references to an Inspector of the Garda Síochána acting as a Superintendent.]
Annotations
Amendments:
F1
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.
F2
Substituted (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 34(a).
F3
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 25, S.I. No. 310 of 2009.
F4
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 25, S.I. No. 310 of 2009.
F5
Inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 14, commenced on enactment.
F6
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1), and sch. 1 ref no. 3, subject to transitional provisions in ss. 13, 15, 26, not commenced as of date of revision.
Modifications (not altering text):
C5
Prospective affecting provision: definition of “issuing person” amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
“issuing person”, in relation to the grant or renewal of a firearm certificate, authorisation or licence, means, as the case may be, the Minister, the Commissioner or F6[a superintendent of the Garda Síochána in the Garda division in which] an applicant for or holder of the firearm certificate, authorisation or licence is residing;
C6
Reference to firearm certificate construed (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 20.
Provisions of Firearms Acts and other statutes
20. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
Editorial Notes:
E5
Previous affecting provision: definition of “Directive” inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(a), in effect as per reg. 1(2); substituted (27.04.2022) as per F-note above.
E6
Previous affecting provisions: application of subs. (1) extended (28.01.1964) by Firearms Act 1964 (1/1964), s. 2, commenced on enactment, subject to transitional provision in subs. (2), as amended (20.07.1971) by Firearms Act 1971 (13/1971) s. 2, commenced as per s. 7(4); repealed and substituted (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(2)(a), S.I. No. 313 of 1990; substituted as per F-note above.
1 OJ No. L 115, 6.4.2021, p.1
3 OJ No. L 96, 29.3.2014, p. 1
Restrictions on possession, use, and carriage of firearms.
2.—(1) Subject to the exceptions from this section hereinafter mentioned, it shall not be lawful for any person after the commencement of this Act to have in his possession, use, or carry any firearm or ammunition save in so far as such possession, use, or carriage is authorised by a firearm certificate granted under this Act and for the time being in force.
(2) Save in any of the cases hereinafter excepted from this section, every person who after the commencement of this Act has in his possession, uses, or carries any firearm without holding a firearm certificate therefor or otherwise than as authorised by such certificate, or purchases, uses, has in his possession, or carries any ammunition without holding a firearm certificate therefor or in quantities in excess of those authorised by such certificate, or fails to comply with any condition subject to which a firearm certificate was granted to him, shall be guilty of an offence F7[under this section].
F8[(2A) A person who is guilty of an offence under this section is liable—
(a) in case the firearm is a restricted firearm or the ammunition is restricted ammunition—
(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and
(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both,
and
(b) in any other case—
(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 12 months or both, and
(ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.]
F9[(2B) F10[…]]
(3) This section shall not apply to any of the following cases and such cases are accordingly excepted from this section, that is to say:—
(a) the possession or carriage of a firearm under and in accordance with a permit issued under this Act and for the time being in force;
(b) the possession, use, or carriage of a firearm or ammunition by a member of the Defence Forces of Saorstát Eireann or of a lawful police force in Saorstát Eireann F11[or by a member of the civilian staff of the Garda Síochána, in the performance of] his duty as such member;
F12[(ba) the possession, use, or carriage of a firearm or ammunition by an officer of the Minister assigned to perform functions in Forensic Science Ireland, in the course of the performance by him or her of such functions;]
(c) the possession, use, or carriage of a firearm or ammunition by a registered firearms dealer in the ordinary course of his business as such dealer;
(d) the possession or carriage of a firearm or ammunition in the ordinary course of business by a person engaged in the business of carrying or of warehousing goods for reward;
(e) the possession of a firearm or ammunition on board a ship as part of the equipment of the ship;
(f) the carriage for sporting purposes only of a firearm or ammunition under instructions from and for the use of the holder of a firearm certificate for such firearm or ammunition;
(g) the possession, carriage, or use of a humane killer F13[or ammunition therefor] in the ordinary course of business by a butcher, slaughterman, knacker, or other person engaged in the business of the humane slaughter of animals.
(4) This section shall not apply to any of the following cases and such cases are accordingly excepted from this section, that is to say:
(a) the possession, use or carriage of a firearm or ammunition by an employee of a registered firearms dealer in the ordinary course of business of the dealer as a firearms dealer,
(b) the possession or carriage of a firearm or ammunition by an employee of a person engaged in the business of carrying or of warehousing goods for reward in the ordinary course of such business,
(c) the possession or carriage of a firearm or ammunition for purposes of sale by an auctioneer who stands authorised under section 13 of F15[the Firearms Act 1964] or by an employee of such an auctioneer in the ordinary course of business as an auctioneer,
F16[(d) the possession, use or carriage of a firearm or ammunition during a competition or target practice at a club, shooting range or any other place that stands authorised under this section or section 4A of this Act],
(e) the possession, use or carriage of a firearm (other than a shot-gun) of a calibre not exceeding .23 inches or of ammunition by a person operating a range or shooting gallery in an amusement hall or at a fun fair, carnival or other like event for the purposes of the range or shooting gallery who stands authorised in that behalf under this section or by a person using such range or shooting gallery,
(f) the possession, use or carriage of a firearm or ammunition by a person taking part in a theatrical performance or rehearsal or in the production of a cinematograph film for the purpose of the performance, rehearsal or production, being a performance, rehearsal or production the person in charge of which stands authorised in that behalf under this section,
F17[(g) the possession, use or carriage of a firearm, within the meaning of paragraph (h) of section 1, or of ammunition therefor for the purpose of being used as a starting gun or blank firing gun by a person who stands authorised in that behalf under this section, ]
(h) the possession, use or carriage of a firearm or blank ammunition provided by the Minister for Defence by a person taking part in a ceremony of any kind for the purposes of the ceremony, being a person who stands authorised in that behalf under this section.
F18[(i) the possession, use, or carriage of a firearm or ammunition in the course of his duties by an officer of the Institute for Industrial Research and Standards charged with the operation of facilities for proofing firearms provided or procured by that Institute under the Firearms (Proofing) Act, 1968.]
F19[(j) the possession or carriage of a firearm or ammunition by a person, or the employee of a person, authorised under section 10(4A) of this Act,
(k) the possession, use or carriage of a firearm or ammunition for the purpose of bird control at an airport by an employee or agent of the airport authority who stands authorised in that behalf under this section.]
(5) (a) The Superintendent of any district may authorise in writing the possession, use or carriage of firearms or ammunition in that district in any of the circumstances specified in paragraphs (d), (e), (f), (g) F20[, (h)] F21[, (j) or (k)] of subsection (4) of this section F22[, or of any component parts of a firearm,] during such period, not exceeding one year, as may be specified in the authorisation.
(b) A Superintendent shall not grant an authorisation under this section unless he is satisfied having regard to all the circumstances (including the provision made or to be made for the storage of the firearms and ammunition to which the authorisation (if granted) would relate and the supervision of their use) that the possession, use or carriage, as the case may be, of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.
(c) Where it is proposed to grant an authorisation under this section in respect of a F23[…] club or a range or other place referred to in paragraph (d) of subsection 4 of this section, the authorisation shall be granted to an officer of the club nominated by the club or to the person in charge of the range or other place as the case may be, and where there is a contravention of a condition imposed in relation to the grant of such an authorisation and the contravention is proved to have been committed with the consent or approval of or to have been facilitated by any neglect on the part of the person to whom the authorisation is granted, that person shall be guilty of an offence under this Act.
(d) A Superintendent may impose in relation to the grant of an authorisation under this section such conditions (if any) as he considers necessary to prevent danger to the public and, where a condition is imposed, it shall be specified in the authorisation.
(e) An authorisation under this section may be revoked at any time by the Superintendent of the district in which it is granted.
(f) A person who contravenes a condition imposed in relation to the grant of an authorisation under this section shall be guilty of an offence under this Act.
F24[(6) In subsections (3)(g) and (4) (other than paragraphs F25[…] (i) and (k)), references to a firearm or ammunition do not include references to a restricted firearm or restricted ammunition.]
F26[(7) The superintendent of any district may authorise the Board of the National Museum in writing to possess for a specified period F27[(which, in the case of a firearm classified in Category A of the Directive, shall not exceed 5 years)] a firearm that is a museum heritage object within the meaning of the National Cultural Institutions Act 1997.]
Annotations
Amendments:
F7
Substituted (20.07.1971) by Firearms Act 1971 (13/1971), s. 3(a), commenced as per s. 7(4).
F8
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(a), S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,500 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F9
Inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 3(b), commenced as per s. 7(4).
F10
Deleted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(b), S.I. No. 390 of 2006.
F11
Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 9(a), S.I. No. 391 of 2023.
F12
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 9(b), S.I. No. 391 of 2023.
F13
Inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 15(a), commenced on enactment.
F14
Inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 15(b), commenced on enactment.
F15
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(c)(i), S.I. No. 390 of 2006.
F16
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(c)(ii), S.I. No. 390 of 2006.
F17
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 26(a), S.I. No. 310 of 2009.
F18
Inserted (16.04.1969) by Firearms (Proofing) Act 1968 (20/1968), s. 8, S.I. No. 64 of 1969.
F19
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(c)(iii), S.I. No. 390 of 2006.
F20
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(d), S.I. No. 390 of 2006.
F21
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 34(a), S.I. No. 236 of 2007.
F22
Inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 3(d), commenced as per s. 7(4).
F23
Deleted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(e), S.I. No. 390 of 2006.
F24
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(f), S.I. No. 390 of 2006.
F25
Deleted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 26(b), S.I. No. 310 of 2009.
F26
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 34(b), S.I. No. 236 of 2007.
F27
Inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(b), in effect as per reg. 1(2).
F28
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C7
Prospective affecting provision: subss. (5)(a), (e) and (7) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
(5) (a) F28[A Superintendent in any Garda division may authorise in writing the possession, use or carriage of firearms or ammunition in that division] in any of the circumstances specified in paragraphs (d), (e), (f), (g) F20[, (h)] F21[, (j) or (k)] of subsection (4) of this section F22[, or of any component parts of a firearm,] during such period, not exceeding one year, as may be specified in the authorisation.
…
(e) An authorisation under this section may be revoked at any time by F28[a Superintendent in the Garda division] in which it is granted.
…
(7) F28[A superintendent in any Garda division] may authorise the Board of the National Museum in writing to possess for a specified period F27[(which, in the case of a firearm classified in Category A of the Directive, shall not exceed 5 years)] a firearm that is a museum heritage object within the meaning of the National Cultural Institutions Act 1997.
C8
Additional storage requirements prescribed (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 13.
Storage of ammunition for relevant firearm
13. Subject to Regulation 15, a holder or an excepted person shall, when a relevant firearm is not in use, ensure that all ammunition for the relevant firearm in his or her possession is stored —
(a) in a receptacle that is locked, and
(b) separately from any firearm in which the ammunition is capable of being used.
…
Firearm certificate holders under age of 18
15. Where a holder referred to in Regulation 13 or 14 is under 18 years of age, a reference in the Regulation concerned to a holder shall be construed as a reference to the parent or guardian who provided the written consent referred to in paragraph (3) of Regulation 11 in respect of the holder’s application for the firearm certificate.
C9
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(15), commenced as per s. 8(3).
Firearms certificates.
2.— …
(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.
Editorial Notes:
E7
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 14(e), 29 and 30, S.I. No. 315 of 1998, as sch. para. 14 substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.
E8
Previous affecting provision: power under subs. (2B) exercised (6.10.1972) by Firearms (Dangerous Weapons) Order 1972 (S.I. No. 251 of 1972); enabling provision deleted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(b), S.I. No. 390 of 2006.
E9
Previous affecting provision: subs. (2A) inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 3(b); substituted as per F-note above.
E10
Previous affecting provision: subs. (2B) inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 3(b); deleted as per F-note above.
E11
Previous affecting provision: subs. (4)(j) inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 3(c); substituted as per F-note above.
E12
Previous affecting provision: penalties for offences under section prescribed (11.08.1927) by Public Safety Act 1927 (31/1927), s. 28, commenced on enactment; repealed (26.12.1928) by Public Safety Act 1928 (38/1928), s. 1, commenced on enactment.
Firearms training certificate.
2A.— (1) The Commissioner, on application and payment of the prescribed fee (if any), may issue to a person over 14 years of age a certificate (in this Act referred to as a “firearms training certificate”) authorising the person to possess a firearm and ammunition (except a restricted firearm and restricted ammunition F30[or a firearm to which section 2D(2) F31[…] applies and ammunition for such a firearm]) only while—
(a) carrying and using the firearm for hunting or target shooting—
(i) under the supervision of a specified person over 18 years of age who holds a firearm certificate in respect of it, and
(ii) where the firearm is used for target shooting, on the premises of an authorised rifle or pistol club or at an authorised shooting range or other place that stands authorised under section 2(5) of this Act,
and
(b) complying with such other conditions (if any) as the Commissioner may impose in the interests of public safety and security.
(2) Where the applicant is under 16 years of age, the application for a firearms training certificate shall be accompanied by the written consent of the applicant’s parent or guardian.
(3) The firearms training certificate shall be in the prescribed form.
(4) Where such an application is refused, the Commissioner shall inform the applicant in writing and give the reasons for the refusal.
(5) A firearms training certificate shall continue in force for a period of 3 years from the date on which it was granted, unless revoked.
(6) The Commissioner may revoke a firearms training certificate if of opinion that the holder is not complying, or has not complied, with the conditions subject to which the certificate was granted.
(7) A holder of a firearms training certificate who, without reasonable excuse, does not comply with the conditions subject to which the certificate was granted is guilty of an offence and liable on summary conviction—
(a) for a first offence, to a fine not exceeding €500, and
(b) for any subsequent offence, to a fine not exceeding €1,000.
(8) It is an offence under this Act for the holder of a firearm certificate in respect of the firearm to which the firearms training certificate relates to permit, without reasonable excuse, the holder of that certificate to carry or use the firearm while not under his or her supervision.
Annotations
Amendments:
F29
Inserted (1.08.2009) by Criminal Justice Act 2006 (26/2006), s. 28, S.I. No. 309 of 2009. A fine of €500 translates into a class E fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €1,000 translates into a class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
F30
Inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(c), in effect as per reg. 1(2).
F31
Deleted (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 34(b).
Modifications (not altering text):
C10
Requirements for application for firearms training or firearm certificate in respect of certain firearms provided (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 11.
Application for firearms training certificate or firearm certificate in respect of firearm to which Directive applies
11. (1) An application for a firearms training certificate in respect of a firearm to which the Directive applies shall, where the applicant is under 18 years of age, be accompanied by the written consent of the applicant’s parent or guardian.
(2) The Commissioner shall not issue a firearms training certificate in respect of a firearm to which the Directive applies to an applicant unless the Commissioner is satisfied that the possession and use of the firearm is not likely to be a danger to the applicant himself or herself.
(3) An application for a firearm certificate in respect of a firearm to which the Directive applies shall, where the applicant is under 18 years of age, be accompanied by the written consent of the applicant’s parent or guardian.
(4) An issuing person shall not grant a firearm certificate in respect of a firearm to which the Directive applies to an applicant unless the issuing person is satisfied that the possession and use of the firearm is not likely to be a danger to the applicant himself or herself.
Restricted firearms and ammunition.
2B.— The Minister may, in the interests of public safety and security, by order—
(a) declare specified firearms to be restricted firearms for the purposes of this Act by reference to one or more than one of the following criteria:
(i) category;
(ii) calibre;
(iii) working mechanism;
(iv) muzzle energy;
(v) description;
and
(b) declare specified ammunition to be restricted ammunition for the purposes of this Act by reference to one or more than one of the following criteria:
(i) category;
(ii) calibre;
(iii) weight;
(iv) kinetic energy;
(v) ballistic co-efficient;
(vi) design;
(vii) composition;
(viii) description.
Annotations
Amendments:
F32
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 29, S.I. No. 390 of 2006.
Editorial Notes:
E13
Power pursuant to section exercised (15.09.2015) by Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015 (S.I. No. 391 of 2015), in effect as per art. 2.
E14
Power pursuant to section exercised (26.08.2009) by Firearms (Restricted Firearms And Ammunition) (Amendment) Order 2009 (S.I. No. 337 of 2009).
E15
Power pursuant to section exercised (1.05.2008) by Firearms (Restricted Firearms and Ammunition) Order 2008 (S.I. No. 21 of 2008).
Prohibited firearms and ammunition.
2C.— (1) The Minister may, in the interests of public safety and security, by order—
(a) declare specified firearms to be prohibited firearms for the purposes of this Act by reference to one or more than one of the following criteria:
(i) category;
(ii) calibre;
(iii) working mechanism;
(iv) muzzle energy;
(v) description;
and
(b) declare specified ammunition to be prohibited ammunition for the purposes of this Act by reference to one or more than one of the following criteria:
(i) category;
(ii) calibre;
(iii) weight;
(iv) kinetic energy;
(v) ballistic co-efficient;
(vi) design;
(vii) composition;
(viii) description.
(2) Any person who—
(a) possesses, uses or carries,
(b) manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies,
(c) puts on display, or lends or gives to any other person, or
(d) imports in to the State,
a prohibited firearm or prohibited ammunition shall be guilty of an offence.
(3) A person who is guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and
(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.
(4) This section shall not apply to any firearm or ammunition possessed, used, carried, manufactured, sold, hired, offered or exposed for sale or hire, repaired or modified by way of business, possessed for the purpose of sale or hire or for the purpose of modification by way of business, put on display, lent or given to another or imported into the State under the authority of the Minister for Defence for use by the Defence Forces of the State or under the authority of the Minister for use by any lawful police force in the State.
Annotations
Amendments:
F33
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 27, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F34[
Prohibition on acquisition or possession of firearms classified in Category A of Directive
2D. (1) Subject to subsections (2), (3) and (4), a person who acquires or possesses a firearm or ammunition classified in Category A of the Directive shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and
(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.
(2) Subsection (1) shall not, during the period beginning on 1 September 2019 and ending on 29 February 2020, apply to the possession of a firearm classified in point 6, 7 or 8 of Category A of the Directive by—
(a) a person who is the holder of a firearm certificate, which is in force, in respect of the firearm, or
(b) a registered firearms dealer who has lawfully purchased the firearm concerned by way of trade or business.
(3) This section shall not apply to—
(a) the possession, in accordance with an authorisation under section 2(7), of a firearm classified in Category A of the Directive, or
(b) the acquisition of a firearm referred to in paragraph (a) for the purpose of possessing it in accordance with an authorisation referred to in that paragraph.
(4) This section shall not apply to the acquisition or possession of a firearm or ammunition under the authority of the Minister for Defence for use by the Defence Forces of the State or under the authority of the Minister for use by any lawful police force in the State.]
Annotations
Amendments:
F34
Inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(d), in effect as per reg. 1(2).
F35[
Restriction on licensing of certain firearms.
2E.(1) On and from 1 September 2019, no application for a firearm certificate in respect of a firearm classified in Category A of the Directive shall be considered by an issuing person.
(2) A firearm certificate in respect of a firearm classified in Category A of the Directive, other than a firearm to which subsection (3) applies, that is in force on 31 August 2019 shall, on and from 1 September 2019, stand revoked.
(3) A firearm certificate in respect of a firearm classified in point 6, 7 or 8 of Category A of the Directive that is in force on 29 February F36[2020] shall, on and from 1 March F36[2020], stand revoked.]
Annotations
Amendments:
F35
Inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(d), in effect as per reg. 1(2).
F36
Substituted (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 34(c).
F37[
Revocation of firearm certificate where holder found in possession of certain loading devices
2F. An issuing person shall revoke a firearm certificate in respect of a firearm classified in Category B of the Directive granted by the person where the holder of the certificate is found to be in possession of—
(a) a loading device which can hold more than 20 rounds and is capable of being fitted to a centre-fire semi-automatic or repeating short firearm, or
(b) a loading device which can hold more than 10 rounds and is capable of being fitted to a centre-fire semi-automatic or repeating long firearm.]
Annotations
Amendments:
F37
Inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(d), in effect as per reg. 1(2).
F38[
Applications for, and form and effect of, firearm certificates.
3.— (1) Application for a firearm certificate (other than a restricted firearm certificate) shall be made to the Superintendent of the Garda Síochána of the district in which the applicant resides.
(2) Application for a restricted firearm certificate shall be made to the Commissioner.
(3) The application shall be in the prescribed form, and if the applicant intends to use the firearm to hunt and kill exempted wild mammals within the meaning of the Wildlife Act 1976 (other than hares), be accompanied by a current licence to do so under section 29(1) of that Act.
(4) The applicant shall supply in writing any further information that the Superintendent or the Commissioner may require in the performance of his or her functions under this section.
(5) A firearm certificate shall be in the prescribed form and, subject to subsection (6) of this section, shall authorise the person to whom it is granted—
(a) to possess, use and carry the firearm specified in the certificate,
(b) to purchase ammunition for use in the firearm, and
(c) at any one time to possess or carry not more than the amount of ammunition specified in the certificate.
(6) Where the firearm is a shot-gun, the firearm certificate may, subject to subsection (11) of this section, authorise it to be used only for killing animals or birds other than protected wild animals or protected wild birds within the meaning of the Wildlife Act 1976 by the holder of the certificate either (as may be expressed in the certificate)—
(a) on land occupied by the holder, or
(b) on land occupied by another person.
(7) A firearm certificate which is in force, other than a relevant firearm certificate continued in force under section 3(3) of this Act, as amended by section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2009, shall continue in force for a period of 3 years from the date on which it was granted, unless revoked, and for any further such period for which it may be renewed.
(8) The holder of a firearm certificate may apply for renewal of the certificate within three months before it ceases to be in force.
(9) A decision on an application for a firearm certificate or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.
(10) Where the application is refused, the applicant shall be informed in writing of the refusal and the reason for it.
(11) The following provisions have effect in relation to a certificate in the form referred to in subsection (6) of this section (in this subsection referred to as a “limited certificate”):
(a) a limited certificate relating to land occupied by a person other than the applicant for the certificate shall not be granted unless the occupier of the land has given the applicant a nomination in writing for holding the certificate;
(b) a limited certificate relating to any land shall not be granted in respect of any period if there is a limited certificate relating to the land already in force in respect of that period;
(c) a limited certificate shall not be granted unless the whole of the land to which it would relate is occupied by the same person;
(d) where a nomination referred to in paragraph (a) of this subsection is revoked, the limited certificate to which it related, if then in force, shall not be capable of being renewed.
(12) A firearm in respect of which a firearm certificate is granted shall be marked in the prescribed manner with a number or other prescribed identifying mark, and the number or mark shall be entered on the certificate.
(13) A person who—
(a) knowingly gives false or misleading information to an issuing person in relation to an application for a firearm certificate or for its renewal,
(b) forges a document purporting to be a firearm certificate or uses or knowingly possesses it, or
(c) with intent to deceive, uses or alters a firearm certificate or uses a firearm certificate so altered, is guilty of an offence and liable—
(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or
(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.
(14) Subsection (13) of this section is without prejudice to Part 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
(15) Section 12 (limited use of shot-gun) of the Firearms Act 1964 is repealed.]
Annotations
Amendments:
F38
Substituted (1.08.2009) by Criminal Justice Act 2006 (26/2006), s. 30, S.I. No. 309 of 2009 as substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 43, S.I. No. 310 of 2009. A fine of €2,500 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
F39
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C11
Prospective affecting provision: subs. (1) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
3.— (1) Application for a firearm certificate (other than a restricted firearm certificate) shall be made to F39[a Superintendent of the Garda Síochána in the Garda division] in which the applicant resides.
Editorial Notes:
E16
The original and the second substitutions each came into effect on the same day, with the effect of commencing and replacing the first substitution (by s. 30 of the 2006 Act) at the same time.
E17
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 14(e), 29 and 30, S.I. No. 315 of 1998, as sch. para. 14 substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.
E18
Previous affecting provision: subs. (3) was substituted (27.07.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 28, S.I. No. 293 of 2009, and was therefore in effect for 5 days only before the entire section was replaced as per the F-note above. The extension regime for 12 months established by s. 28 of the 2009 Act and the substituted subs. (3) appears to continue in force after that period because of the operation of the Interpretation Act 2005 (23/2005), ss. 26(10)(d) and 27(1)(c), which allow for statutory instruments made, and rights accrued, under an enactment to continue to have effect after that enactment is repealed. Thus Firearms Acts 1925 to 2009 (Firearm Certificate) Regulations 2009 (S.I. No. 295 of 2009) appear to be intended to continue in effect despite the replacement of their enabling provision.
E19
Power pursuant to subs. (3) exercised (27.07.2007) by Firearms Acts 1925 to 2009 (Firearm Certificate) Regulations 2009 (S.I. No. 295 of 2009); subs. (3) substituted as per F-note above.
E20
Licence applied for under section deemed under certain circumstances to be granted under Wildlife Act 1976 (39/1976), s. 29 by Wildlife Act 1976 (39/1976), s. 29(5) as substituted (14.07.2000) by Firearms (Firearm Certificates For Non-Residents) Act 2000 (20/2000), s. 4, commenced as per s. 8(3). Such a licence is subject to s. 75 of the 1976 Act which provides that in certain circumstances s. 6 of this 1925 Act shall apply as if the licence were revoked under s. 5.
E21
Previous affecting provision: subs. (1) amended (1.06.1977) by Wildlife Act 1976 (39/1976), s. 62(a), S.I. No. 154 of 1977; substituted as per F-note above.
E22
Previous affecting provision: subs. (2) substituted (1.06.1977) by Wildlife Act 1976 (39/1976), s. 62(b), S.I. No. 154 of 1977; substituted section repealed (14.07.2000) by Firearms (Firearm Certificates for Non-Residents) Act 2000 (20/2000), s. 7(1)(a), commenced as per s. 8(3).
E23
Previous affecting provision: words in subs. (3) and subs. (4) substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 16, commenced on enactment, subject to transitional provision in s. 10; subsections substituted as per F-note above.
E24
Previous affecting provision: subs. (5) repealed (28.01.1964) by Firearms Act 1964 (1/1964), s. 28(1), commenced on enactment.
F40[
Issue of guidelines by Minister and Commissioner.
3A.— (1) The Minister, or the Commissioner with the consent of the Minister, may from time to time issue guidelines in relation to the practical application and operation of any provision of the Firearms Acts 1925 to 2009, or of any regulation made under any provision of those Acts.
(2) The Commissioner with the consent of the Minister may, in particular, issue guidelines in relation to applications for firearm certificates and authorisations under this Act and to the conditions which may be attached to those certificates and authorisations.]
Annotations
Amendments:
F40
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 29, S.I. No. 310 of 2009.
Editorial Notes:
E25
Previous affecting provision: section inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 31, S.I. No. 390 of 2006; substituted as per F-note above.
F41[
Payment of fees for prescribed firearm certificates.
3B.— (1) A prescribed fee is payable on the grant or renewal of a prescribed firearm certificate.
(2) Any fee payable under subsection (1) shall be paid to a prescribed person at a prescribed place and be disposed of by the prescribed person for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
(3) Any notice issued by a prescribed person in relation to the grant or renewal of a prescribed firearm certificate or the payment of a prescribed fee under subsection (1) shall be in the prescribed form.]
Annotations
Amendments:
F41
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 30, S.I. No. 310 of 2009.
Modifications (not altering text):
C12
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 17 of 1925
Firearms Act 1925
Sections 3B, 3C, 4B(6) and 27
…
…
…
Editorial Notes:
E26
Power pursuant to section exercised (1.08.2009) by Firearms Act 1925 (Prescribed Firearm Certificates) Regulations 2009 (S.I. No. 311 of 2009).
F42[Arrangement for payment of prescribed fees.
3C.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such person or persons (other than a member or members of the Garda Síochána) as he or she thinks fit in relation to accounting for prescribed fees received by them.]
Annotations
Amendments:
F42
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 30, S.I. No. 310 of 2009.
Modifications (not altering text):
C13
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 17 of 1925
Firearms Act 1925
Sections 3B, 3C, 4B(6) and 27
…
…
…
F43[
Restriction on licensing of short firearms.
3D.— (1) As and from the date of commencement of this section, no application for a firearm certificate in respect of a short firearm shall be considered by an issuing person other than for—
(a) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun;
(b) a short firearm of a type specified at paragraph 4(2)(e) of the Firearms (Restricted Firearms and Ammunition) Order 2008 (S.I. No. 21 of 2008) and designed for use as so specified;
(c) a short firearm for which the applicant for the firearm certificate held a firearm certificate on or before 19 November 2008.
(2) Any firearm certificate in respect of a short firearm, other than one to which paragraphs (a) to (c) of subsection (1) relates, granted between 19 November 2008 and the date of commencement of this section and in force shall stand revoked.
(3) For the purposes of this section, “short fire arm” means a firearm either with a barrel not longer than 30 centimetres or whose overall length (excluding the length of any detachable component) does not exceed 60 centimetres.]
Annotations
Amendments:
F43
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 30, S.I. No. 310 of 2009.
F44[
Restrictions on firearm certificates for semi-automatic centre-fire rifles
3DA.— (1) On and after the date of the coming into operation of section 10 of the Criminal Justice (Miscellaneous Provisions) Act 2023 (in this section referred to as the ‘relevant date’), a firearm certificate shall not be granted under this Act, or under section 2 of the Act of 2000 in respect of an application under paragraph (a) or (aa) of subsection (2) of that section, for a semi-automatic centre-fire rifle.
(2) On the day that is 3 months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September 2015 and that was in force immediately before the relevant date shall stand revoked.
(3) This section shall not affect the possibility of renewal of a firearm certificate for a semi-automatic centre-fire rifle under section 3 of this Act, or under section 9 of the Act of 1964, where the firearm certificate was first granted on or before 18 September 2015 and was in force on the relevant date.
(4) On or after the relevant date, the Minister or the Commissioner shall not, under section 11(1) of the Act of 1964, substitute for the description of a firearm in a firearm certificate granted by him or her the description of a semi-automatic centre-fire rifle.
(5) Sections 5(3) and 6 shall, on and after the day referred to in subsection (2) of this section, apply in relation to a semi-automatic centre-fire rifle in relation to which the relevant firearm certificate has been revoked pursuant to this section.
(6) In this section—
“Act of 1964” means the Firearms Act 1964;
“Act of 2000” means the Firearms (Firearm Certificates For Non-Residents) Act 2000;
“first granted” means, in relation to a particular semi-automatic centre-fire rifle—
(a) the grant (not renewal) of a firearm certificate for the semi-automatic centre-fire rifle under section 3 of this Act, or under section 2 of the Act of 2000 in respect of an application under paragraph (a) or (aa) of subsection (2) of that section, or
(b) the substitution by the Minister or the Commissioner, under section 11(1) of the Act of 1964, for the description of a firearm in a firearm certificate granted by him or her the description of the semi-automatic centre-fire rifle,
whichever is the earlier;
“semi-automatic centre-fire rifle” means a rifled long firearm that—
(a) uses a cartridge with a centrally located primer in the base,
(b) can self-load a round after each time a round is discharged, and
(c) cannot fire more than one round with a single pull on the trigger.]
Annotations:
Amendments:
F44
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 10, S.I. No. 391 of 2023.
F45[
Commissioner to conduct annual review.
3E.— The Commissioner shall conduct an annual review of the operation of the Firearms Acts 1925 to 2009 and shall submit a report to the Minister specifying the number and classes of certificates and authorisations issued under the Acts. The Minister shall lay a copy of such report before each House of the Oireachtas.]
Annotations
Amendments:
F45
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 31, S.I. No. 310 of 2009.
F46[
Conditions of grant of firearm certificate.
4.— (1) An issuing person shall not grant a firearm certificate unless he or she is satisfied that the applicant complies with the conditions referred to in subsection (2) and will continue to comply with them during the currency of the certificate.
(2) The conditions subject to which a firearm certificate may be granted are that, in the opinion of the issuing person, the applicant—
(a) has a good reason for requiring the firearm in respect of which the certificate is applied for,
(b) can be permitted to possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace,
(c) is not a person declared by this Act to be disentitled to hold a firearm certificate,
(d) has provided secure accommodation for the firearm and ammunition at the place where it is to be kept,
(e) where the firearm is a rifle or pistol to be used for target shooting, is a member of an authorised rifle or pistol club,
(f) has complied with subsection (3),
(g) complies with such other conditions (if any) specified in the firearm certificate, including any such conditions to be complied with before a specified date as the issuing person considers necessary in the interests of public safety or security, and
(h) in case the application is for a restricted firearm certificate—
(i) has a good and sufficient reason for requiring such a firearm, and
(ii) has demonstrated that the firearm is the only type of weapon that is appropriate for the purpose for which it is required.
(3) An applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the person’s functions under this Act, including, in particular—
(a) proof of identity,
(b) proof of competence in the use of the firearm concerned,
(c) written consent for any enquiries in relation to the applicant’s medical history that may be made from a health professional by or on behalf of the issuing person, and
(d) names and addresses of two referees who may be contacted to attest to the applicant’s character.
(4) A member of the Garda Síochána may inspect the accommodation for a firearm provided by an applicant for a firearm certificate or require the applicant to provide proof of its existence.
(5) The Minister, in consultation with the Commissioner, may by regulations provide for minimum standards to be complied with by holders of firearm certificates in relation to the provision of secure accommodation for their firearms.
(6) In this section “health professional” means doctor or psychiatrist registered under any enactments governing the profession concerned or a clinical psychologist.]
Annotations
Amendments:
F46
Substituted (1.08.2009) by Criminal Justice Act 2006 (26/2006), s. 32, S.I. No. 309 of 2009.
Editorial Notes:
E27
Power pursuant to section exercised (1.08.2009) by Firearms (Secure Accommodation) Regulations 2009 (S.I. No. 307 of 2009).
E28
Previous affecting provision: section subject (13.07.1998) to Firearms (Temporary Provisions) Act 1998 (32/1998), s. 1, commenced on enactment and expired (14.07.2000), S.I. No. 189 of 1999.
F47[
Authorisation of rifle or pistol clubs or shooting ranges.
4A.— (1) A rifle or pistol club or the owner or operator of a rifle or pistol shooting range shall not allow any firearm or ammunition to be used or stored on the premises of or at the club or shooting range in connection with target shooting unless an authorisation under this section to do so is in force.
(2) An application for such an authorisation shall be made to the Commissioner in the prescribed form by an officer of the club authorised in that behalf or by the owner or operator of the shooting range.
(3) The application shall be accompanied by—
(a) the prescribed fee, and
(b) in the case of a shooting range, a firearms range certificate which is in force.
(4) The application form shall contain a copy of any regulations under subsection (13) or of the material part of them.
(5) The applicant shall supply in writing any further information that the Commissioner may need in the performance of his or her functions under this Act.
(6) The Commissioner shall grant an authorisation to the applicant for the use and storage of rifles, pistols and ammunition on the premises of the club or shooting range concerned, or on a specified part of those premises, for the purpose of target shooting only if satisfied—
(a) that their use or storage will not endanger public safety or security or the peace,
(b) that the club or shooting range is responsibly managed, and
(c) in the case of a shooting range, that a firearms range certificate in respect of it is in force.
(7) A decision on the application shall be given within 3 months from the date on which a completed application form was submitted.
(8) The Commissioner may at any time by notice in writing—
(a) attach to the authorisation such conditions as he or she thinks necessary for the purpose of securing that the operation of the club or shooting range and the use and storage of rifles, pistols and ammunition on the premises of or at the club or range concerned does not endanger public safety or security or the peace,
(b) at any time for that purpose vary any of those conditions, and
(c) require that some or all of them be complied with before a specified date.
(9) An authorisation which is in force shall continue in force for a period of 5 years from the date on which it was granted, unless revoked, and for any further such period or periods for which it may be renewed.
(10) A renewal of an authorisation may be applied for within 3 months before the authorisation ceases to be in force.
(11) The Commissioner may, if no longer satisfied in relation to any of the matters mentioned in paragraphs (a) to (c) of subsection (6), revoke the authorisation of the club or shooting range concerned by notice in writing addressed to the applicant or the person or persons for the time being responsible for its management.
(12) On receipt of such a notice the person or persons so notified shall forthwith surrender to the superintendent of the district in which the club or range is situated the authorisation and any rifles, pistols or ammunition stored on its premises.
(13) The Minister, in consultation with the Commissioner, may by regulations specify minimum standards to be complied with by a rifle or pistol club or shooting range before an authorisation under this section may be granted in respect of it.
(14) The minimum standards shall be determined—
(a) in the case of a club, by reference to any or all of the following matters:
(i) security of its premises;
(ii) membership;
(iii) management,
(b) in the case of a shooting range, by reference to any or all of the following matters:
(i) security of the range;
(ii) membership;
(iii) management;
(iv) design, construction and maintenance;
(v) types of firearms and ammunition to be used;
(vi) level of competence of persons using the range.
(15) For the purpose of ascertaining whether conditions attached to an authorisation under this section are being complied with, a member of the Garda Síochána authorised in that behalf may, on production if required of the authorisation or a copy of it, enter any premises occupied or used by the club or shooting range concerned and inspect the premises and anything in them.
(16) Any person who by act or omission impedes or obstructs a member of the Garda Síochána in the exercise of the member’s functions under subsection (15) of this section is guilty of an offence and liable on summary conviction to a fine of €1,000 and imprisonment for a term of 3 months or both.
(17) The Commissioner shall cause a register of clubs and shooting ranges for the time being authorised under this section to be established and maintained.
(18) It is an offence—
(a) for a club or the owner or operator of a shooting range—
(i) to contravene subsection (1) of this section, or
(ii) without reasonable excuse, not to comply with any conditions attached to an authorisation under this section,
(b) for a person not to comply with subsection (12) of this section, or
(c) for a person, without reasonable excuse, to participate in the activities of such a club or shooting range for which an authorisation under this section is not in force.
(19) In proceedings against a person for an offence under subsection (18)(a)(i) of this section it is a defence to prove that the defendant took reasonable precautions and exercised due diligence to avoid committing the offence.
(20) A person guilty of an offence under subsection (18) of this section is liable—
(a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, and
(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.
F48[(20A) This section shall not apply to a shooting range owned or operated by the Garda Síochána.]
(21) In this section—
“firearms range certificate” means a certificate issued under section 4B(3)(a) of this Act;
“rifle or pistol club” means a club established for the purpose of promoting skill in the use of rifles and pistols for target shooting;
“shooting range” does not include a range or shooting gallery referred to in section 2(4)(e) of this Act.]
Annotations
Amendments:
F47
Inserted (1.08.2009) by Criminal Justice Act 2006 (26/2006), s. 33, S. I. No. 309 of 2009. A fine of €1,000 translates into a class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,500 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
F48
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 11, S.I. No. 391 of 2023.
F49
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C14
Prospective affecting provision: subs. (12) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
(12) On receipt of such a notice the person or persons so notified shall forthwith surrender to F49[a Superintendent in the Garda division] in which the club or range is situated the authorisation and any rifles, pistols or ammunition stored on its premises.
Editorial Notes:
E29
Power pursuant to subs. (13) exercised (30.11.2011) by Firearms (Authorisation of Rifle or Pistol Shooting Ranges) Regulations 2011 (S.I. No. 622 of 2011).
E30
Power pursuant to section exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).
E31
Power pursuant to section exercised (1.08.2009) by Firearms (Authorisation of Rifle or Pistol Clubs) Regulations 2009 (S.I. No. 308 of 2009).
E32
Offences under subs. (18) designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 14(e), 29 and 30, S.I. No. 315 of 1998, as sch. para. 14 substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.
F50[
Minimum standards for Garda shooting ranges
4AA.— (1) The Minister, after consultation with the Commissioner, may prescribe minimum standards to be complied with by a shooting range owned or operated by the Garda Síochána.
(2) The minimum standards referred to in subsection (1) shall be determined by reference to any or all of the following matters:
(a) the security of the range;
(b) the management of the range;
(c) the design, construction and maintenance of the range;
(d) the types of firearms and ammunition to be used at the range;
(e) the types of shooting practices to be conducted at the range;
(f) the level of competence of persons using the range.]
Annotations:
Amendments:
F50
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 12, S.I. No. 391 of 2023.
F51[
Firearms range inspectors.
4B.— (1) The Minister may by warrant appoint such and so many persons as he or she thinks necessary to be firearms range inspectors and may revoke any such appointment.
(2) It shall be the duty of a firearms range inspector—
(a) to examine applications for the F52[certification] of rifle and pistol shooting ranges, and
(b) to inspect rifle and pistol shooting ranges for the purpose of ensuring their compliance with the minimum standards provided for in regulations under F53[section 4A(13) or section 4AA(1)] of this Act.
(3) After inspecting a rifle or pistol shooting range, an inspector may—
(a) if satisfied that the range complies with those minimum standards, issue a firearms range certificate in respect of it, and
(b) if not so satisfied, refuse to issue such a certificate or revoke any such certificate that is in force.
(4) An inspector who suspects, with reasonable cause, that any place is being used for rifle or pistol target shooting may enter and inspect it.
(5) The Minister shall issue to each inspector the warrant of appointment, or a copy of it, for production, on request, when an inspector is exercising any power conferred by this section.
(6) The terms and conditions of appointment of firearms range inspectors shall be determined by the Minister, with the consent of the Minister for Finance.]
Annotations
Amendments:
F51
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 34, S.I. No. 390 of 2006.
F52
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 32, S.I. No. 310 of 2009.
F53
Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 13, S.I. No. 391 of 2023.
Modifications (not altering text):
C15
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 17 of 1925
Firearms Act 1925
Sections 3B, 3C, 4B(6) and 27
…
…
…
F54[
Prohibition of practical or dynamic shooting.
4C.— (1) It is an offence for a person to facilitate or engage in the use of a firearm for the purposes of practical or dynamic shooting.
(2) Subsection (1) does not apply to the facilitation or engagement in the use of a firearm pursuant to an authorisation under section 2(5)(a) of this Act, where the muzzle energy of the firearm is less than 16 Joules.
F55[(2A) Subsection (1) shall not apply to the facilitation or engagement in the use of a firearm by a member of the Garda Síochána in the performance of his or her duties as such member.]
(3) A person who is guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and
(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.
(4) In this section “practical or dynamic shooting” means any form of activity in which firearms are used to simulate combat or combat training.]
Annotations
Amendments:
F54
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 33, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F55
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 14, S.I. No. 391 of 2023.
F56[
Revocation of firearm certificates.
5.— (1) An issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—
(a) has not a good reason for requiring the firearm to which the certificate relates,
(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,
(c) is a person who is declared by this Act to be disentitled to hold a firearm certificate,
(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,
(e) has not complied with a condition attached to the grant of the certificate, or
(f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.
(2) The reason for revoking a firearm certificate shall be communicated in writing by the issuing person to the holder of the certificate.
(3) Where a firearm certificate is revoked or otherwise ceases to be in force, the issuing person may direct in writing that the holder surrender the firearm or ammunition concerned or both to the custody of the superintendent of the district where the holder resides or to a member of the Garda Síochána acting on the superintendent’s behalf.]
Annotations
Amendments:
F56
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 35, S.I. No. 390 of 2006.
F57
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C16
Prospective affecting provision: subs. (3) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
(3) Where a firearm certificate is revoked or otherwise ceases to be in force, the issuing person may direct in writing that the holder surrender the firearm or ammunition concerned or both to the custody of F57[a superintendent in the Garda division in which] where the holder resides or to a member of the Garda Síochána acting on the superintendent’s behalf.
F58[
Reporting of loss of firearm or ammunition.
5A.— (1) Where a firearm or ammunition is lost (whether by theft or otherwise) after the commencement of this section, the certificate holder to whom the firearm or ammunition relates, shall within three days of becoming aware of the loss, report the loss to the issuing person who granted the certificate.
(2) A person who fails, without reasonable excuse, to report the loss of a firearm or ammunition in accordance with this section shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable—
(a) in case the firearm is a restricted firearm or the ammunition is restricted ammunition—
(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or
(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment not exceeding 5 years or both,
or
(b) in any other case—
(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or
(ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment not exceeding 3 years or both.]
Annotations
Amendments:
F58
Inserted (1.01.2010) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 34, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,500 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
Sale of firearm when certificate refused or revoked.
F59[6.—F60[When a firearm certificate is revoked] and the person who is the holder of the certificate has a firearm, with or without ammunition, in his possession in the State at the time of such revocation or where a person has a firearm, with or without ammunition, in his possession in the State but is not the holder of a firearm certificate in respect thereof and such possession is not otherwise authorised under this Act—
(a) the person shall forthwith deliver the firearm and ammunition (if any) to the Superintendent F61[of the district in which the person resides],
(b) the Superintendent shall forthwith cause the person to be informed by notice in writing of his right to dispose of the firearm and ammunition (if any) in any manner not contrary to law,
(c) upon such delivery, the person may dispose of the firearm and ammunition (if any) as aforesaid,
(d) if the person does not, within three months after the delivery of the firearm and ammunition (if any) to the Superintendent, arrange for its or their disposal in accordance with the provisions of this Act, inform the Superintendent of the arrangements and carry out the arrangements, the Superintendent may send to the person by post to his last known address a notice informing him that unless arrangements of the kind aforesaid are made, communicated to the Superintendent and carried out within one month after the date on which the notice is sent, the firearm and ammunition (if any) will be sold or destroyed,
(e) if within one month after the date on which the notice aforesaid is sent, arrangements of the kind aforesaid are not made, communicated to the Superintendent and carried out, the Superintendent may cause the firearm and ammunition (if any) to be sold and shall, as soon as may be, cause the proceeds of the sale to be paid to the person,
(f) the Superintendent may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (e) of this section and has not been sold if, in the opinion of the Superintendent, the firearm or ammunition is unlikely to be sold if offered for sale again and shall send to the person by post to his last known address a notice informing him of such destruction,
(g) where the address of the person is unknown or the Superintendent is of opinion that notices as aforesaid would not be understood by the person, the Superintendent may, at his discretion, send the notices by post or otherwise give them to any member of the family of the person or to such other person, if any, as he may, in the particular circumstances, think appropriate.]
Annotations
Amendments:
F59
Substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 8, commenced on enactment.
F60
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 36(a), S.I. No. 390 of 2006.
F61
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 36(b), S.I. No. 390 of 2006.
F62
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C17
Prospective affecting provision: subs. (6)(a) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
6. …
(a) the person shall forthwith deliver the firearm and ammunition (if any) to F62[a Superintendent in the Garda division] F61[in which the person resides,]
…
Editorial Notes:
E33
Previous affecting provision: subs. 6(a) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 36(b), S.I. No. 390 of 2006; substituted as per F-note above.
Permit to bring firearm ashore.
7.—(1) Where a person has a firearm in his possession on board ship as part of the equipment of the ship, any superintendent of the Gárda Síochána may, if he thinks fit so to do, and subject to the provisions of this Act, issue to such person a permit to bring such firearm ashore for repair and to have such firearm repaired at any specified place in Saorstát Eireann.
(2) Every permit issued under this section shall remain in force only for such period (not exceeding in any case one month) from the date of the issue thereof as shall be nominated by the person applying for the permit and approved by the superintendent issuing the same and specified by him in the permit.
Persons disentitled to hold a firearm certificate or a permit.
8.—(1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—
(a) any person under the age of F63[sixteen years], and
(b) any person of intemperate habits, and
(c) any person of unsound mind, and
F64[(d) any person who has been sentenced to imprisonment for—
(i) an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, or
(ii) an offence under the law of another state involving the production or use of a firearm,
and the sentence has not expired or it expired within the previous 5 years,
(e) any person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry any firearm or ammunition, and
(f) any person not ordinarily resident in the State (except a person who is temporarily so resident) for a period of 6 months before applying for a firearm certificate.]
(2) Any person who is by virtue of this section disentitled to hold a firearm certificate shall also be disentitled to hold a permit under this Act in relation to any firearm or ammunition.
Annotations
Amendments:
F63
Substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 17(a), commenced on enactment
F64
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 37, S.I. No. 390 of 2006.
Editorial Notes:
E34
Previous affecting provision: section subject (13.07.1998) to Firearms (Temporary Provisions) Act 1998 (32/1998), s. 1, commenced on enactment and expired (14.07.2000), S.I. No. 189 of 1999.
E35
Previous affecting provision: subs. (1)(d) and (e) inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 17(b), commenced on enactment; substituted as per F-note above.
Register of firearms dealers to be kept.
9.—(1) The Minister shall cause a register of firearms dealers to be established and kept.
(2) Every person, who, immediately before the expiration of the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), as continued by the Firearms (Temporary Provisions) (Continuance) Act, 1925, is registered in the register of firearms dealers kept in pursuance of regulations made under that Act shall be entitled at any time before the expiration of that Act to apply in accordance with the provisions of this section for registration in the register of firearms dealers to be established under this section, and every such person who so applies and pays the fee (if any) for the time being required by law shall be entitled to be registered in the last-mentioned register as on and from the commencement of this Act.
(3) Any person who, after the commencement of this Act, applies in accordance with the provisions of this section to be registered in the register of firearms dealers and pays the fee (if any) for the time being required by law and satisfies the Minister that he is immediately about to carry on business as a firearms dealer in Saorstát Eireann in premises suitable for that business, may be registered in such register, but when considering any such application for registration the Minister shall have regard to the character of the applicant, F65[…] and generally to the public safety and the preservation of the peace.
F66[(4) The registration of a person in the register of firearms dealers shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the registration was renewed.]
(5) Every registered firearms dealer shall be entitled to renew his registration in the register of firearms dealers at any time within one month before the expiration of his existing registration or renewal on application therefor in accordance with the provisions of this section and payment of the fee (if any) for the time being required by law.
(6) Every application for registration in the register of firearms dealers or for renewal of such registration shall be made to the Minister in the prescribed form and manner and shall contain the prescribed particulars.
(7) Every person registered in the register of firearms dealers shall be entitled on such registration and on every renewal thereof to obtain from the Minister a certificate in writing of such registration or renewal.
F67[(8) Registration (including registration in pursuance of a renewal of a previous registration) of a person in the register of firearms dealers may, at the discretion of the Minister, be made subject to the condition that the person shall not deal in firearms or deal in ammunition otherwise than by the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding .22 inches, and a person whose registration in the register of firearms dealers is made subject to the condition aforesaid and who fails to comply with it shall, notwithstanding anything contained in section 10 (1) of this Act, be guilty of an offence under this Act.
(9) In any proceedings a certificate under the seal of the Minister stating that the registration of a person in the register of firearms dealers was subject, on a specified day or during a specified period, to the condition referred to in subsection (8) of this section shall be evidence of that fact unless the contrary is proved.]
F68[(10) The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on business or proposes to do so.
(11) The minimum standards shall be determined by reference to—
(a) the security of the premises,
(b) their safety, and
(c) their standard of construction,
and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition.
(12) Applicants for renewal of registration shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (10) of this section.
(13) Without prejudice to subsection (3) of this section, the following persons are declared to be disentitled to be registered in the register of firearms dealers:
(a) a person under the age of 21 years;
(b) a person of unsound mind;
(c) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005;
(d) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition.]
Annotations
Amendments:
F65
Deleted (28.01.1964) by Firearms Act 1964 (1/1964), s. 18, commenced on enactment.
F66
Substituted (1.01.2008) by Criminal Justice Act 2006 (26/2006), s. 38(a), S.I. No. 848 of 2007.
F67
Inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 6(1), commenced as per s. 7(4).
F68
Inserted (1.01.2008) by Criminal Justice Act 2006 (26/2006), s. 38(b), S.I. No. 848 of 2007.
Modifications (not altering text):
C18
Procedure for registration under section prescribed (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 3.
Application of section 9 of Act
3. (1) A person, in his or her application under section 9 of the Act to be registered in the register of firearms dealers or, as the case may be, for renewal of such registration, shall state whether he or she intends to carry on business as a dealer in firearms to which the Directive applies.
(2) Where an applicant referred to in paragraph (1) states that he or she intends to carry on business as a dealer in firearms to which the Directive applies, the Minister, in considering his or her application, shall have regard, in addition to the matters referred to in section 9 of the Act, to the applicant’s abilities.
(3) Where an applicant referred to in paragraph (2) is a body corporate —
(a) the reference in section 9(3) of the Act to the character of the applicant shall be construed as a reference to the character of the director of the body corporate and to the reputation of the body corporate, and
(b) the reference in paragraph (2) to the applicant’s abilities shall be construed as a reference to the abilities of the director of the body corporate.
(4) Where an applicant referred to in paragraph (1) states that he or she does not intend to carry on business as a dealer in firearms to which the Directive applies, and the Minister decides, in accordance with section 9 of the Act, to register the applicant in the register of firearms dealers, the registration shall be made subject to the condition that the person shall not deal in firearms to which the Directive applies.
(5) Where a person to whom paragraph (4) applies fails to comply with the condition referred to in that paragraph, section 11(2A) of the Act shall apply to him or her as if the condition was a condition referred to in section 9(8) of the Act.
(6) In this Regulation, “abilities”, in relation to a person, means the person’s understanding of, and ability to comply with, the requirements of the Firearms Acts.
Editorial Notes:
E36
Power pursuant to subs. (10) exercised (1.02.2019) by Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017 (S.I. No. 646 of 2017), in effect as per reg. 1(2).
E37
Power pursuant to section exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).
E38
Previous affecting provision: procedure for registration under section prescribed (29.10.2010) by European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010), reg. 4; revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(c).
E39
Previous affecting provision: construction of terms modified (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 3(1), superseded (29.10.2010) by European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010), reg. 4; both revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(a), (c).
F69[
Tax clearance.
9A.— (1) In this section—
“Act of 1997” means the Taxes Consolidation Act 1997;
“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;
“tax clearance certificate” means a certificate under section 1095 (as substituted by section 127(b) of the Finance Act 2002) of the Act of 1997.
(2) The Minister shall refuse to register a person in the register of firearms dealers or renew any such registration in respect of that person if that person is a person in relation to whom a tax clearance certificate is not in force.
(3) The Minister may nevertheless register a person in the register of firearms dealers or renew any such registration in respect of that person if—
(a) the person has, at least four months before applying for such registration or renewal, applied for a tax clearance certificate and it has been refused and an appeal against the refusal has been made under section 1094(7) of the Act of 1997 but not determined, and
(b) the Minister would, but for subsection (2), have registered that person in the register of firearms dealers or renewed any such registration in respect of the person.
(4) Where an appeal referred to in subsection (3) is made but is not successful, any registration or renewal of registration under that subsection shall expire 7 days after the appeal is determined or, where appropriate, finally determined.
(5) The Collector-General shall notify the Minister of any appeal against a refusal of an application for a tax clearance certificate and of the determination or, as appropriate, final determination of any such appeal. ]
Annotations
Amendments:
F69
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 35, S.I. No. 310 of 2009.
Restrictions on manufacture and sale of firearms.
10.—(1) On and after the commencement of this Act it shall not be lawful for any person to manufacture, sell, repair, test, or prove, or expose for sale, or have in his possession for sale, repair, test, or proof, by way of trade or business, any firearm or ammunition unless such person is registered in the register of firearms dealers.
F70[(1A) Subsection (1) shall not apply to a person engaged in the State in trade or business as a broker (within the meaning of the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022)) provided that —
(a) he or she stands registered in the register of brokers (within the meaning of those Regulations), and
(b) he or she does not have in his or her possession any firearm or ammunition in respect of which he or she is engaged in trade or business as a broker.]
(2) It shall not be lawful for F71[any person] to sell to any person (other than a registered firearms dealer or a person officially authorised) any firearm or ammunition, unless at the time of such sale the person to whom such firearm or ammunition is sold—
(a) produces a firearm certificate authorising him to purchase or hire (as the case may be) such firearm or ammunition, or
(b) proves to the satisfaction of F71[such person] that he is by virtue of this Act entitled to have possession of such firearm or ammunition without having a firearm certificate therefor.
(3) It shall be the duty of every person who sells a firearm or ammunition to any person (other than a registered firearms dealer or a person officially authorised)—
(a) to comply with the instructions (if any) addressed to such seller contained in the firearm certificate produced at the time of such sale by the person to whom such firearm or ammunition is sold, and
(b) in the case of a sale of a firearm within forty-eight hours after such sale to send by registered post notice thereof to the superintendent of the Gárda Síochána of the district in which the firearm certificate aforesaid was granted.
F72[(3A) (a) A person shall not sell, transfer or otherwise dispose of a firearm or ammunition for a firearm to a person who habitually resides, or to a body at an address, in a country that stands prescribed for the time being for the purposes of this section unless the superintendent of the Garda Síochána of the district in which the firearm or ammunition is kept, being satisfied that the transaction is authorised by the competent authorities of that country, also authorises it.
(b) This subsection is without prejudice to the other provisions of this section and to section 16 of this Act but subsection (4) of that section does not apply to a firearm or ammunition for a firearm carried by a person from the State for the purpose of transferring it permanently to such a country as aforesaid.
(c) In this subsection “firearm” does not include a firearm specified in paragraph (c) or (d) (or in paragraph (f) or (g) so far as either of those paragraphs relates to the said paragraph (c) or (d)) of section 4 (1) of the Firearms and Offensive Weapons Act, 1990.]
F73[(4) It shall not be lawful for any registered firearms dealer to return to any person a firearm or ammunition given to the dealer for repair, test or proof unless the person—
(a) produces a firearm certificate authorising him to have possession of the firearm or ammunition, or
(b) proves to the satisfaction of the dealer that he is entitled to have possession of the firearm or ammunition without having a firearm certificate therefor, and.]
F74[(4A) It is an offence for—
(a) a registered firearms dealer (notwithstanding subsection (1) of this section),
(b) a person engaged in the business of carrying or warehousing goods for reward, or
(c) an auctioneer who stands authorised under section 13 of the Firearms Act 1964,
to possess, use, carry, sell or expose for sale a restricted firearm in the ordinary course of business, unless authorised to do so by an authorisation under this section which is in force.
(4B) Application for such an authorisation shall be made to the Minister in the prescribed form by a person mentioned in subsection (4A) and be accompanied by the prescribed fee (if any).
(4C) The applicant shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.
(4D) An application for renewal of an authorisation may be made within 3 months before it ceases to be in force.
(4E) An application for an authorisation or its renewal shall be refused if granting it would, in the opinion of the Minister, prejudice public safety or security.
(4F) A decision on an application for an authorisation or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.
(4G) An authorisation under this section which is in force shall, unless earlier revoked, continue in force for a period of 3 years from the date on which it was granted and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the authorisation was renewed.]
(5) Every person who contravenes any of the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.
(6) In this section—
(a) the expression “a person officially authorised” means a person authorised by the Minister for Defence to effect the transaction in question for the purposes of the Defence Forces of Saorstát Eireann or authorised by the Minister to effect the transaction in question for the purposes of any lawful police force in Saorstát Eireann, and
(b) the word “sell” includes letting on hire F75[, giving] and lending and the word “purchase” includes hiring F75[, receiving] and borrowing, and cognate words shall be construed accordingly.
F76[(7) The references in subsections (2) and (3) of this section to a registered firearms dealer shall, in relation to a sale of any firearm or ammunition, be construed as references to a registered firearms dealer for whom it is lawful to purchase that firearm or ammunition by way of trade or business.]
Annotations
Amendments:
F70
Inserted (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 34(d).
F71
Inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 19(a), commenced on enactment.
F72
Inserted (1.01.1991), by Firearms and Offensive Weapons Act 1990 (12/1990), s. 5, S.I. No. 313 of 1990.
F73
Substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 19(b), commenced on enactment.
F74
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 39, S.I. No. 390 of 2006.
F75
Inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 19(c), commenced on enactment.
F76
Inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 6(2), commenced as per s. 7(4).
F77
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C19
Prospective affecting provision: subss. (3)(b), (3A)(a) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
(3) It shall be the duty of every person who sells a firearm or ammunition to any person (other than a registered firearms dealer or a person officially authorised)— …
(b) in the case of a sale of a firearm within forty-eight hours after such sale to send by registered post notice thereof to F77[a superintendent of the Garda Síochána in the Garda division] in which the firearm certificate aforesaid was granted.
…
(3A) (a) A person shall not sell, transfer or otherwise dispose of a firearm or ammunition for a firearm to a person who habitually resides, or to a body at an address, in a country that stands prescribed for the time being for the purposes of this section unless F77[a superintendent of the Garda Síochána in the Garda division] in which the firearm or ammunition is kept, being satisfied that the transaction is authorised by the competent authorities of that country, also authorises it.
C20
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(15), commenced as per s. 8(3).
Firearm certificates.
2.— …
(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.
C21
Application of section restricted (16.04.1969) by Firearms (Proofing) Act 1968 (20/1968), s. 7, S.I. No. 64 of 1969.
Section 10 (1) of Principal Act not to apply to Institute.
7.— Section 10 (1) of the Principal Act shall not apply to the Institute.
C22
Application of section restricted (28.01.1964) by Firearms Act 1964 (1/1964), s. 13(1), commenced on enactment.
Sale of firearms by auctioneer.
13.—(1) Notwithstanding anything contained in section 10 of the Principal Act, an auctioneer who stands authorised under this section may sell, expose for sale and have in his possession for sale, by auction in the ordinary course of his business as an auctioneer, a firearm or ammunition: Provided that in the case of a sale, the firearm or ammunition is not delivered to the purchaser until he produces to the auctioneer a firearm certificate which is in force authorising him to purchase the firearm or ammunition or proves that he is lawfully entitled to have possession of the firearm or ammunition without having a firearm certificate therefor.
Editorial Notes:
E40
Power pursuant to subs. (4A) exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).
F78[Reloading of ammunition.
10A.—F79[…]]
Annotations
Amendments:
F78
Inserted by Criminal Justice Act 2006 (26/2006), s. 40, not commenced.
F79
Repealed (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 44, S. I. No. 310 of 2009.
Editorial Notes:
E41
Previous affecting provision: s. 10A was inserted by Criminal Justice Act 2006 (26/2006), s. 40 but was not commenced. Its repeal was by way of repeal by the 2009 Act of the amending provision in the 2006 Act. The issue of reloading is expected to be addressed in an Explosives Bill listed in the Legislative Programme.
E42
Previous affecting provision: duty for licence under section prescribed (2.04.2007) by Finance Act 2007 (11/2007), s. 72, commenced on enactment.
E43
Previous affecting provision: offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 14(e), 29 and 30, S.I. No. 315 of 1998, as sch. para. 14 substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.
Removal of names from register of firearms dealers.
11.—(1) The Minister may at the request of any person who is registered in the register of firearms dealers remove the name of such person from the register aforesaid.
(2) If and when the Minister is satisfied that any person who is registered in the register of firearms dealers—
(a) no longer carries on business as a firearms dealer, or
(b) no longer has a place of business as such firearms dealer in Saorstát Eireann, or
(c) cannot any longer be permitted to carry on such business without danger to the public safety or to the peace, or
F80[(d) has become a person who is declared under section 9(13) of this Act to be disentitled to be registered in the register of firearms dealers,]
the Minister may remove the name of such person from the register aforesaid.
F81[(2A) If and when the Minister is satisfied that any person who is registered in the register of firearms dealers and whose registration is subject to the condition referred to in section 9 (8) of this Act has failed to comply with the condition, the Minister may remove the name of such person from the register aforesaid.]
F82[(3) A person whose name is removed under this section from the register of firearms dealers shall, on such removal, forthwith deliver up to the Minister—
(a) the person’s certificate of registration or renewal, and
(b) the register kept by the person under subsection (1) of section 12 of this Act.
(4) A person who contravenes subsection (3) of this section is guilty of an offence and on summary conviction is liable to a fine not exceeding €3,000.]
Annotations
Amendments:
F80
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 41(a), S.I. No. 390 of 2006.
F81
Inserted (20.07.1971) by Firearms Act 1971 (13/1971), s. 6(3), commenced as per s. 7(4).
F82
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 41(b), S.I. No. 390 of 2006. A fine of €3,000 translates into a class B fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E44
Compliance with subs. (3)(b) deemed where person ceasing business as a firearms dealer delivers the register maintained under s. 12 to the Minister (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 4(3).
Register to be kept by firearms dealer.
12.—(1) It shall be the duty of every registered firearms dealer to keep or cause to be kept a register of all purchases, hirings, sales, repairs, and other transactions of or in relation to firearms or ammunition made by him, and within twenty-four hours after every such transaction to enter or cause to be entered in such register the prescribed particulars in respect of such transaction.
(2) Where the particulars required by this section to be entered in the register aforesaid in respect of any transaction are not known to the firearms dealer it shall be his duty at or before the completion of such transaction to demand such particulars from the person with whom the transaction takes place and it shall be the duty of such person on such demand to furnish such particulars accordingly.
(3) Every register kept in pursuance of this section may be inspected at all reasonable times by any member of the Gárda Síochána or any officer of customs and excise for any purpose arising out of or in connection with this Act or any regulation made thereunder, and it shall be the duty of the firearms dealer by or for whom such register is kept to produce for the inspection of such member of the Gárda Síochána or such officer of customs and excise on demand such register and also all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such member or officer for the purpose of verifying any entry in or explaining any omission from such register.
(4) If any registered firearms dealer—
(a) fails to keep or cause to be kept such register as is required by this section, or
(b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by this section to be made therein, or
(c) makes or permits to be made in such register any entry which is to his knowledge false or misleading in any material respect,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F83[€3,000].
(5) If any person required by this section to furnish any particulars to a registered firearms dealer refuses so to furnish such particulars or furnishes any such particulars which are to his knowledge false or misleading in any material respect, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F83[€1,500].
(6) For the purposes of this section—
(a) inspection of a register or document shall include taking copies or extracts therefrom, and
(b) a demand for inspection of a register or other document shall be deemed to have been duly made by a member of the Gárda Síochána or an officer of customs and excise if such demand is made verbally on the premises on which such register or document is kept to the manager, secretary, book-keeper, or other member of the clerical staff of such premises, and
(c) a refusal or failure to produce a register or other document for inspection if made or committed on any premises in which, the registered firearms dealer carries on business as such dealer by a person in his employment shall be deemed to have been committed by the registered firearms dealer.
Annotations
Amendments:
F83
Substituted by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €3,000 translates into a class B fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €1,500 translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C23
Requirements for maintenance of register provided (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), regs. 4(1), (2).
Maintenance of register kept by firearms dealers
4. (1) A firearms dealer shall, throughout the period of his or her activity as a firearms dealer, enter and retain in the register kept by him or her under section 12 of the Act the following information in relation to the transactions referred to in that section —
(a) the type, make, model, calibre and serial number of all firearms to which the Directive applies and all essential components of such firearms to which a transaction relates, and
(b) the names and addresses of the persons supplying or acquiring such firearms or essential components.
(2) Where a person ceases to carry on business as a firearms dealer, the person shall deliver up to the Minister the register referred to in paragraph (1).
…
Editorial Notes:
E45
Previous affecting provision: application of section extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 3(2); revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(a).
Inspection of stock of firearms dealer.
13.—(1) Any member of the Gárda Síochána may at all reasonable times enter the premises of any registered firearms dealer and there inspect any firearms and ammunition and any materials used in the manufacture, repair, test, or proof thereof found on such premises.
(2) Every person who shall obstruct or impede any member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F84[€1,000 or imprisonment for a term not exceeding 6 months or both].
Annotations
Amendments:
F84
Substituted by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €1,000 translates into a class D fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
Prohibition of manufacture and possession, etc., of weapons discharging noxious liquids.
14.— F85[…]
Annotations
Amendments:
F85
Repealed (28.01.1964) by Firearms Act 1964 (1/1964), s. 28(1), commenced on enactment, subject to transitional provision in s. 28(2).
F86[
Offences regarding alteration of marking of firearms
14A. (1) A person who, unless—
(a) permitted by the Firearms Acts 1925 to 2023, or
(b) otherwise in accordance with law,
intentionally falsifies, removes, or otherwise obliterates or alters the marking of a firearm shall be guilty of an offence.
(2) A person guilty of an offence under this section shall be liable—
(a) if the firearm referred to in subsection (1) is a restricted firearm—
(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or
(ii) on conviction on indictment, to a fine not exceeding €20,000 or to imprisonment for a term not exceeding 7 years or to both,
or
(b) in any other case—
(i) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or to both, or
(ii) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 5 years or to both.
(3) In this section—
“Act of 1968” means the Firearms (Proofing) Act 1968;
“marking of a firearm” means—
(a) a mark to which section 4(1)(a) of the Act of 1968 refers,
(b) a mark to which section 4(1)(b) of the Act of 1968 refers,
(c) a mark to which section 3(12) refers,
(d) a mark provided for by regulations made in accordance with section 26A(c),
(e) a mark to which Article 5 of Commission Implementing Regulation (EU) 2015/2403 of 15 December 20151 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, as amended by Article 1(3) of Commission Implementing Regulation (EU) 2018/337 of 5 March 20182 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, refers,
(f) a mark to which Regulation 5 of the Principal Regulations refers,
(g) a mark to which Regulation 6 of the Principal Regulations refers, or
(h) a mark to which Regulation 7 of the Principal Regulations refers;
“Principal Regulations” means the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 ( S.I. No. 209 of 2022).]
Annotations:
Amendments:
F86
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 15, S.I. No. 391 of 2023. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010. A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.
1 OJ No. L333, 19.12.2015, p. 62.
2 OJ No. L65, 8.3.2018, p. 1.
F87[
Possession of firearms with intent to endanger life.
15.— (1) Any person who possesses or controls any firearm or ammunition—
(a) with intent to endanger life or cause serious injury to property, or
(b) with intent to enable any other person by means of the firearm or ammunition to endanger life or cause serious injury to property,
shall, whether any injury to person or property has or has not been caused thereby, be guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment—
(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section F88[…], and
(b) at the court’s discretion, to a fine of such amount as the court considers appropriate,
and the firearm or ammunition concerned shall be forfeited.
(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.
(4) Where a person (except a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.
F89[(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (except a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.]
(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make a sentence of imprisonment of not less than 10 years unjust in all the circumstances, and for this purpose the court may F90[, subject to subsection (6),] have regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if so—
(i) the stage at which the intention to plead guilty was indicated,
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the investigation of the offence.
(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—
(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.
(7) F88[…]
(8) F88[…]
(9) Section 27C of the Firearms Act 1964 applies in relation to proceedings for an offence under this section and to any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.]
Annotations
Amendments:
F87
Substituted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 42, S.I. No. 390 of 2006.
F88
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 4(a)-(c), S.I. No. 777 of 2021, subject to retrospective application by s. 10, see C-note below.
F89
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 35(a) S.I. No. 236 of 2007.
F90
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 35(b) S.I. No. 236 of 2007.
Modifications (not altering text):
C24
Deletion of subs. (8) applied with retrosopective effect (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 10, S.I. No. 777 of 2021.
Retrospective application of certain amendments
10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5 (c) and by section 6 ) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date.
(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Act where final judgment was given before that date in the proceedings in respect of the relevant offence.
(3) In this section “relevant offence” means— …
(d) an offence to which section 15 (8) of the Firearms Act 1925 applied, immediately before its repeal by section 4 (b),
…
C25
Application of section extended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 2 and sch., S.I. No. 112 of 1976.
Offences committed in Northern Ireland and related offences committed in State.
2.—(1) Where a person does in Northern Ireland an act that, if done in the State, would constitute an offence specified in the Schedule, he shall be guilty of an offence and he shall be liable on conviction on indictment to the penalty to which he would have been liable if he had done the act in the State.
…
SCHEDULE
…
10. Any offence under section 15 of the Firearms Act, 1925 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property).
…
C26
Application of section confirmed (20.07.1971) by Firearms Act 1971 (13/1971), s. 4, commenced as per s. 7(4).
Application of section 15 of Principal Act.
4.—For the removal of doubt it is hereby declared that in section 15 of the Principal Act references to life and property include references to life and property outside the area of application of the laws enacted by the Oireachtas.
Editorial Notes:
E46
Offences under section designated relevant offences (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 7 and sch. para. 17, S.I. No. 414 of 2010, for purposes of Part 3 of that Act (exceptions to rule against double jeopardy, including application for retrial order (ss. 8-14) and approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences (ss. 15-18)).
E47
Minimum sentence for offences under section committed under certain circumstances provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 25 and sch. 2 no. 4, S.I. No. 236 of 2007.
E48
Power of court to make monitoring order in relation to offence under this section provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 26, S.I. No. 236 of 2007.
E49
Powers and periods of detention in relation to offence under this section provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 50, S.I. No. 236 of 2007.
E50
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 14(e), 29 and 30, S.I. No. 315 of 1998, as para. 14 substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.
E51
Previous affecting provisions: section amended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 21(4) (S.I. No. 112 of 1976), as amended (1.03.1985) by Criminal Justice Act 1984 (22/1984), s. 14 (S.I. No. 17 of 1985), and (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 15, commenced on enactment.
F91[
Appeal to District Court.
15A.— (1) An appeal may be made to the District Court by a person aggrieved by any of the following decisions made by an issuing person:
(a) to refuse to grant a firearms training certificate under section 2A of this Act;
(b) to refuse to grant or renew a firearm certificate under section 3 of this Act;
(c) to refuse to grant or renew an authorisation for a rifle or pistol club or shooting range under section 4A of this Act;
(d) to revoke a firearm certificate under section 5 of this Act;
(e) to refuse to register a person, or to renew a registration, in the register of firearms dealers under section 9 of this Act;
(f) to grant or renew an authorisation under section 10 of this Act;
(g) to remove the name of a person from the register of firearms dealers under section 11 of this Act;
(h) to refuse to grant a licence under section 10A of this Act;
(i) to refuse to grant an authorisation under section 16(1) of this Act;
(j) to refuse to grant a licence for the import of firearms or ammunition or a prohibited weapon under section 17 of this Act or to vary such a licence or conditions named in it;
(k) to refuse to renew a firearm certificate under section 9 of the Firearms Act 1964; or
(l) to refuse to grant a firearm certificate, or to revoke such a certificate, under section 2 of the Firearms (Firearm Certificate for Non-Residents) Act 2000.
(2) An appeal shall be made within 30 days of receipt of notice of the decision concerned.
(3) On the appeal the Court may—
(a) confirm the decision,
(b) adjourn the proceedings and direct the issuing person to reconsider the decision in the light of the appeal proceedings, or
(c) allow the appeal.
(4) Where the appeal is allowed, the issuing person shall give effect to the Court’s decision.
(5) For the purposes of this section—
(a) an issuing person—
(i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and
(ii) who does not so decide,
is deemed to have decided to refuse to grant the application,
(b) the applicant is deemed to have received notice of the decision on the expiration of that period, and
(c) as the case may be, section 3(10) does not apply in relation to the application.
(6) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of that Court assigned to the district in which the appellant resides or carries on business.]
Annotations
Amendments:
F91
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 43, S.I. No. 390 of 2006.
Restriction on export or removal of firearms or ammunition.
16.—(1) It shall not be lawful for any person to consign—
(a) for export from Saorstát Eireann, or
(b) for removal from one place in Saorstát Eireann to another such place,
any firearm or ammunition, unless such export or removal is authorised in writing by the superintendent of the Gárda Síochána of the district from which such firearm or ammunition is consigned for export or removal.
(2) Every person who consigns for export or removal as aforesaid any firearm or ammunition contrary to the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.
(3) Upon the conviction of any person of the offence of contravening the provisions of this section, the court may, where the person so convicted is the owner of any firearm or ammunition the subject of such offence, in addition to any other punishment awarded under this Act, make such order as to the forfeiture of such firearm or ammunition as the court thinks fit.
(4) The offence of contravening the provisions of this section shall not be deemed to have been committed by the holder of a firearm certificate carrying with him from or in Saorstát Eireann F92[or consigning for export] the firearm or any ammunition authorised by such certificate to be carried by the holder thereof.
(5) This section shall not apply to any consignment of any firearm or ammunition belonging to or purchased or intended for the use of the Defence Forces of Saorstát Eireann or any lawful police force in Saorstát Eireann.
Annotations
Amendments:
F92
Inserted (28.01.1964) by Firearms Act 1964 (1/1964), s. 20, commenced on enactment.
F93
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), ss. 1(2), 4(1), sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C27
Prospective affecting provision: subs. (1) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
16.—(1) It shall not be lawful for any person to consign—
(a) for export from Saorstát Eireann, or
(b) for removal from one place in Saorstát Eireann to another such place,
any firearm or ammunition, unless such export or removal is authorised in writing by F93[a superintendent of the Garda Síochána in the Garda division] from which such firearm or ammunition is consigned for export or removal.
(2) Every person who consigns for export or removal as aforesaid any firearm or ammunition contrary to the provisions of this section shall be guilty of an offence under this Act and shall be punishable accordingly.
C28
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(15), commenced as per s. 8(3).
Firearm certificates.
2.— …
(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.
Restrictions on the import of firearms, prohibited weapons and ammunition.
17.—(1) No person shall import into Saorstát Eireann any firearm, ammunition, or prohibited weapon unless such import is authorised by a continuing licence granted under this section and in force at the time, or by an occasional licence granted under this section and relating to the specific firearm, ammunition or prohibited weapon so imported.
(2) F94[…]
(3) A continuing licence to import firearms or ammunition may on application in the prescribed manner be granted by the Minister if he thinks fit so to do to any registered firearms dealer, and every such continuing licence shall operate and be expressed to authorise the importation into Saorstát Eireann of firearms and ammunition generally or of any specified class or classes of firearms and ammunition through the port, by the registered dealer, during the period F95[…], and subject to the conditions named in such licence.
(4) An occasional licence to import into Saorstát Eireann a firearm, with or without ammunition therefor, may, on application in the prescribed manner be granted by the Minister to any person who holds or could be granted a firearm certificate for the firearm and ammunition (if any) in respect of which the occasional licence is sought or is a registered firearms dealer and every such occasional licence shall operate and be expressed to authorise the importation into Saorstát Eireann of the firearm and the quantity of ammunition (if any) specified in such licence through the port, by the person, within the time F95[…], and subject to the conditions named in such licence.
F96[(4A) Notwithstanding subsections (1) to (4) of this section, a licence for importing a firearm, ammunition or prohibited weapon may not be granted unless—
(a) the applicant has a good reason for importing it,
(b) granting the licence would not prejudice public safety or security, and
(c) if the application relates to a restricted firearm or restricted ammunition, the applicant—
(i) if a registered firearms dealer, possesses an authorisation under section 10 of this Act, or
(ii) in any other case, is the holder of a restricted firearm certificate in respect of the firearm or ammunition concerned, which is in force.
(4B) An applicant for a licence under this section shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.
(4C) The reason for refusing an application for a licence under this section or for its renewal shall be communicated in writing to the applicant.]
(5) Every continuing licence granted by the Minister under this section may be varied or revoked by the Minister at any time before its expiration.
(6) If any person imports into Saorstát Eireann a firearm or prohibited weapon or any ammunition without or otherwise than in accordance with a licence under this section authorising such importation or, in the case of ammunition, in quantities in excess of those so authorised, or fails to comply with any condition named in a licence granted to him under this section, he shall be guilty of an offence under this Act and shall be punishable accordingly.
(7) The possession of a licence granted under this section shall not relieve from the obligation to obtain or hold any certificate, permit, or authority required by any other provision of this Act.
(8) This section shall not apply to the importation into Saorstát Eireann of any firearms, ammunition or prohibited weapon which is so imported under the authority of the Minister for Defence for the use of the Defence Forces of Saorstát Eireann or under the authority of the Minister for the use of any lawful police force in Saorstát Eireann.
Annotations
Amendments:
F94
Repealed (28.01.1964) by Firearms Act 1964 (1/1964), s. 28(1), subject to transitional provision in s. 28(3), commenced on enactment.
F95
Deleted (28.01.1964) by Firearms Act 1964 (1/1964), s. 21(2)(a), commenced on enactment.
F96
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 44, S.I. No. 390 of 2006.
F97
Substituted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 36, not commenced as of date of revision.
Modifications (not altering text):
C29
Prospective amending provision: section substituted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 36, not commenced as of date of revision.
F97[
Restrictions on the import of firearms, prohibited weapons and ammunition.
17.— (1) Without prejudice to the provisions of the Firearms (Firearms Certificates for Non-Residents) Act 2000, no person, other than a registered firearm dealer, shall import into the State any firearm, ammunition, or prohibited weapon.
(2) A continuing licence to import firearms or ammunition may on application in the prescribed manner be granted by the Minister if he or she thinks fit so to do to any registered firearms dealer, and every such continuing licence shall operate and be expressed to authorise the importation into the State of firearms and ammunition generally or of any specified class or classes of firearms and ammunition through the port, by the registered dealer, during the period and subject to the conditions named in such licence.
(3) An occasional licence to import into the State a firearm or prohibited weapon, with or without ammunition therefor, may, on application in the prescribed manner, be granted by the Minister if he or she thinks fit so to do to any registered firearms dealer and every such occasional licence shall operate and be expressed to authorise the importation into the State of the firearm and the quantity of ammunition (if any) specified in such licence through the port, by the registered firearms dealer, within the time and subject to the conditions named in such licence.
(4) Notwithstanding subsections (1) to (3) of this section, a licence for importing a firearm, ammunition or prohibited weapon may not be granted unless—
(a) the applicant has a good reason for importing it,
(b) granting the licence would not prejudice public safety or security, and
(c) if the application relates to a restricted firearm or restricted ammunition, the applicant possesses an authorisation under section 10 of this Act.
(5) An applicant for a licence under this section shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.
(6) The reason for refusing an application for a licence under this section or for its renewal shall be communicated in writing to the applicant.
(7) Every continuing licence granted by the Minister under this section may be varied or revoked by the Minister at any time before its expiration. The reason for varying or revoking the licence shall be communicated in writing to the licensee or former licensee.
(8) If any person imports into the State a firearm or prohibited weapon or any ammunition without or otherwise than in accordance with a licence under this section authorising such importation or, in the case of ammunition, in quantities in excess of those so authorised, or fails to comply with any condition named in a licence granted to him or her under this section, he or she shall be guilty of an offence under this Act and shall be punishable accordingly.
(9) The possession of a licence granted under this section shall not relieve any person from the obligation to obtain or hold any certificate, permit, or authority required by any other provision of this Act.
(10) This section shall not apply to the importation into the State of any firearms, ammunition or prohibited weapon which is so imported under the authority of the Minister for Defence for the use of the Defence Forces of the State or under the authority of the Minister for the use of any lawful police force in the State. ]
C30
Application of section restricted (20.01.1964) by Firearms Act 1964 (1/1964), s. 21(1), commenced on enactment. S. 21 repealed by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 38, not commenced as of 31.10.2012.
Amendment of section 17 of Principal Act.
21.—(1) The restriction imposed by section 17 of the Principal Act on the importation into the State of firearms shall not apply in relation to the importation of a firearm by the holder of a firearm certificate in respect of the firearm which is in force.
C31
Application of section extended (6.11.1962) by Customs-Free Airport (Extension of Laws) Regulations 1962 (S.I. No. 186 of 1962), reg. 2.
2. Section 17 of the Firearms Act, 1925 (No. 17 of 1925), shall extend to the Customs-free airport.
Powers of officers of customs and excise.
18.—Officers of customs and excise shall have the like powers in relation to any firearms and ammunition the import, export or removal of which is prohibited or restricted by this Act as such officers have by law in relation to other articles, the import or export of which is prohibited or restricted by law.
Powers and duties of employees of a postal service.
19.—Any F98[employee of a postal service] may detain and examine and if necessary open for that purpose any postal packet known to him to contain or suspected by him of containing a firearm or prohibited weapon or any ammunition, and if a postal packet so detained contains a firearm or prohibited weapon or any ammunition the F98[employees of the said postal service] shall make such inquiries in regard thereto as they think proper, and shall dispose of the packet and the contents thereof (including the firearm, prohibited weapon, or ammunition) in accordance with the instructions of the Minister for Justice, or any superintendent of the Gárda Síochána, and may detain the said packet and contents pending the making of such inquiries and the receipt of such instructions.
Annotations
Amendments:
F98
Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2 item 2, commenced on enactment.
Editorial Notes:
E52
Previous affecting provision: section amended (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 8(1) and sch. 4, part 1, commenced on enactment; substituted as per F-note above.
Prohibition of taking firearms or ammunition in pawn.
20.—F99[…]
Annotations
Amendments:
F99
Repealed (1.01.1965) by Pawnbrokers Act 1964 (31/1964), s. 6 and sch. 1, S.I. No. 290 of 1964.
Gárda Síochána may search for and seize certain firearms, etc.
21.—(1) Any member of the Gárda Síochána may at all reasonable times enter upon and have free access to the interior of—
(a) any premises used for the manufacture, sale, repair, test, or proof of firearms or ammunition, or
(b) the premises of any person engaged in the business of carrying goods for reward, or
(c) any warehouse or other premises of any person engaged in the business of warehousing goods for reward, or
(d) any pier, quay, wharf, jetty, dock, or dock premises, or
(e) any ship, boat, railway waggon, motor, lorry, cart, or other vessel or vehicle used for the conveyance of goods.
(2) Any member of the Gárda Síochána may inspect any firearms or ammunition, or any case, box or package found by him in any place entered by him under the authority of this section or upon or in any public place, and may open any such case, box, or package which he reasonably believes or suspects to contain firearms or ammunition, and may seize any firearms or ammunition found in any such place as aforesaid and which he reasonably believes or suspects are being imported into or exported from Saorstát Eireann or are being or have been removed from one place to another in Saorstát Eireann in contravention of the provisions of this Act F100[, and may seize any firearms found in any such place to which a mark, being a mark mentioned in section 4 (1) (a) or 4 (1) (b) of the Firearms (Proofing) Act, 1968, has not been applied and in relation to which he reasonably believes or suspects that a breach of an order under the said section 4 has occurred].
(3) It shall be the duty of every person having custody or control of any firearms or ammunition in any such place as is mentioned in sub-section (1) of this section or upon or in any public place on demand by a member of the Gárda Síochána to afford such member all reasonable facilities for the inspection of such firearms and ammunition and to produce to such member on demand by him any documents in his possession relating to such firearms or ammunition.
(4) If any person—
(a) obstructs or impedes any member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section, or
(b) knowing the name or other particulars of the consignor, consignee, or owner of any firearms or ammunition or of any case, box, or package which such member is entitled to inspect under this section, refuses to give such name or other particulars to such member, or
(c) wilfully or recklessly gives to such member any false or misleading name or other particular of any such consignor, consignee, or owner,
such person shall be guilty of an offence under this section and shall be F101[liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both].
(5) Where any firearms or ammunition are seized by a member of the Gárda Síochána under this section it shall be the duty of such member to notify the owner or the consignor or consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of such seizure.
F102[(6) Where a firearm or ammunition is seized under this section or under section 22 of this Act and a prosecution for an offence under this Act in relation to the firearm or ammunition is not instituted, the firearm or ammunition shall be—
(a) returned to the person who is the owner, consignor or consignee thereof, as may be appropriate F103[(other than where the firearm or ammunition concerned is a prohibited firearm or prohibited ammunition, as the case may be, or a firearm or ammunition the acquisition or possession of which is prohibited by section 2D F104[…])], or disposed of, subject to the provisions of this Act, in accordance with the directions of such person, or
(b) made the subject of an application to the District Court under the Police (Property) Act, 1897, and disposed of in accordance with the terms of the order made by the District Court under that Act in relation to the application.]
Annotations
Amendments:
F100
Inserted (16.04.1969) by Firearms (Proofing) Act 1968 (20/1968), s. 9, S.I. No. 64 of 1969.
F101
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A (as inserted by Criminal Justice Act 2006 (26/2006), s. 64) and sch. 1 of Criminal Justice Act 2006 (26/2006), S.I. No. 390 of 2006. A fine of €1,000 translates into a class D fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
F102
Substituted (28.01.1964) by Firearms Act 1964 (1/1964), s. 22, commenced on enactment.
F103
Inserted (1.09.2019) by European Communities (Acquisition and Possession Of Weapons And Ammunition) (Amendment) Regulations 2019 (S.I. No. 420 of 2019), reg. 10(e), in effect as per reg. 1(2).
F104
Deleted (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 34(e).
Powers of members of Gárda Síochána.
22.—(1) Any member of the Gárda Síochána may demand from any person whom he observes or believes to be in possession of, using, or carrying a firearm or any ammunition, the production of his firearm certificate and if such person fails to produce and permit such member to read a firearm certificate authorising him to have possession of, use, or carry (as the case may require) such firearm or ammunition, such member of the Gárda Síochána may unless such person shows that he is entitled by law to have possession of, use, or carry (as the case may require) at that time and in that place such firearm or ammunition without having a firearm certificate therefor demand from such person his name and address.
(2) If any person, on demand being made to him under this section by a member of the Gárda Síochána, refuses to give to such member his name and address or gives a name or address which is false or misleading in any material particular, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F105[€1,000].
(3) Any member of the Gárda Síochána may arrest without warrant any person who, on demand being made under this section, refuses to give his name and address or gives a name or address which the member of the Gárda Síochána demanding the same knows or suspects to be false or misleading in any material particular.
(4) In addition to any other powers conferred on him under this Act or otherwise, any member of the Gárda Síochána may stop and search and may also arrest without warrant any person whom he believes to be in possession of or to be using or carrying a firearm or ammunition in contravention of any of the provisions of this Act, and may search any such person, and, whether arresting him or not, may seize and detain any firearm or ammunition in his possession or used or carried by him.
Annotations
Amendments:
F105
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1 of 2006 Act, S.I. No. 390 of 2006. A fine of €1,000 translates into a class D fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C32
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), commenced as per s. 8(3).
Firearm certificates.
2.— …
(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.
Forfeiture of firearms, etc., in certain cases.
23.—(1) Where any person is convicted of an offence under this Act, or is convicted of any crime for which he is sentenced to penal servitude or imprisonment, or is ordered to be subject to police supervision, or is ordered to enter into a recognizance to keep the peace or to be of good behaviour, a condition of which is that the offender shall not possess, use, or carry a firearm, the court before whom such person is convicted or by whom the order is made F106[may, in accordance where applicable with regulations made under section 26A, make] such order as to the forfeiture or disposal of any firearm, prohibited weapon, or ammunition found in the possession of such person, or used or carried by him, as the court shall think fit and may cancel any firearm certificate held by such person.
(2) Where the court cancels a firearm certificate under this section, it shall cause notice of such cancellation to be sent forthwith to the superintendent of the Gárda Síochána of the area in which the certificate was granted.
Annotations
Amendments:
F106
Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 16, S.I. No. 391 of 2023.
F107
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022(7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
Modifications (not altering text):
C33
Prospective affecting provision: subs. (2) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref no. 3, not commenced as of date of revision, subject to transitional provisions in ss. 13, 15, 26.
23.—…
(2) Where the court cancels a firearm certificate under this section, it shall cause notice of such cancellation to be sent forthwith to the superintendent of F107[a superintendent of the Garda Síochána in the area] in which the certificate was granted.
C34
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), commenced as per s. 8(3).
Firearm certificates.
2.— …
(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.
Search orders.
24.—F108[(1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.
(1A) Subject to subsections (1B) and (1C), if a member of the Garda Síochána not below the rank of superintendent is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the member may issue to a member of the Garda Síochána not below the rank of sergeant a warrant for the search of that place and any persons found at that place.
(1B) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under this section unless he or she is satisfied—
(a) that the search warrant is necessary for the proper investigation of an offence under this Act, and
(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court under this section for the issue of the warrant.
(1C) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under this section only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.]
(2) A F108[search warrant] issued under this section shall authorise the member of the Gárda Síochána named therein to enter the place or premises to which the order relates at any time F108[within, if the warrant is issued by a judge of the District Court, one week, and if the warrant is issued by a member of the Garda Síochána not below the rank of superintendent, 48 hours,] after the issuing of such F108[search warrant], and if need be by force, and to inspect the place or premises so entered, and to take the names and addresses of any persons found therein, and if the premises are premises of a firearms dealer, to seize any books and papers relating to the business of such firearms dealer.
(3) Any member of the Gárda Síochána making a search under a F108[search warrant] may arrest without warrant any person found in the place or on the premises to which the F108[search warrant] relates whom he has reason to believe to be guilty of an offence under this Act.
F109[(4) The power to issue a search warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.
(5) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under this section shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (1B).
(6) In this section—
“independent of”, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation;
“place” includes—
(a) a dwelling or a part thereof,
(b) a building or a part thereof,
(c) a vehicle, whether mechanically propelled or not,
(d) a vessel, whether sea-going or not,
(e) an aircraft, whether capable of operation or not, and
(f) a hovercraft.]
Annotations
Amendments:
F108
Substituted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 24(a), (b), (c), S.I. No. 391 of 2023.
F109
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 24(d), S.I. No. 391 of 2023.
Editorial Notes:
E53
Previous affecting provision: subs. 2 amended (28.01.1964) by Firearms Act 1964 (1/1964), s. 23, commenced on enactment; substituted (1.08.2023) as per F-note above.
F110[
Punishments.
25.— Any person who commits an offence under this Act in respect of which no other punishment is provided is liable in respect of each such offence—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.]
Annotations
Amendments:
F110
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 45, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E54
Offences under this section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 14(e), 29 and 30, S.I. No. 315 of 1998, as sch. para. 14 substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(a), S.I. No. 236 of 2007.
F111[
Surrender of firearms and offensive weapons.
25A.— (1) The Minister may by order appoint a specified period during which a person may surrender at any Garda station or at any other place approved for the purpose by a superintendent of the Garda Síochána any of the following weapons:
(a) a firearm;
(b) a flick-knife;
(c) a weapon of offence.
(2) When surrendering a weapon during the specified period, the person—
(a) shall give his or her name, address and proof of identity to a member of the Garda Síochána at the Garda Síochána station or place concerned, and
(b) shall be informed by the member that the weapon and any thing in which it was surrendered may be forensically examined or tested.
(3) Proceedings for an offence shall not be instituted against any person who surrenders a weapon under this section if—
(a) in the case of a firearm, the offence consists only in the possession, carrying and use (other than in the commission of another offence) of the firearm without being the holder of a firearm certificate, in contravention of section 2 of this Act, or
(b) in the case of a flick-knife or other weapon of offence, the offence is an offence under section 9(4) or 10(1)(b) of the Firearms and Offensive Weapons Act 1990.
(4) Any surrendered weapon or any substance or thing found on or in it or on or in any thing in which it was surrendered may be subjected to forensic examination or testing for the purpose of—
(a) determining whether any such weapon, substance or thing is in a safe and stable condition, or
(b) discovering information concerning an offence other than an offence referred to in subsection (3) of this section.
(5) In any proceedings, a surrendered weapon and any substance or thing referred to in subsection (4) of this section is admissible in evidence.
(6) A surrendered weapon may be disposed of in a manner deemed appropriate by the Commissioner.
(7) In this section—
“firearm” includes ammunition;
“flick-knife” has the meaning given to it in section 9(9) of the Firearms and Offensive Weapons Act 1990;
“weapon of offence” has the meaning given to it in section 10(2) of the said Act of 1990.]
Annotations
Amendments:
F111
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 46, S.I. No. 390 of 2006.
Editorial Notes:
E55
Power pursuant to section exercised (1.09.2006) by Firearms Act 1925 (Surrender of Firearms and Offensive Weapons) Order 2006 (S.I. No. 451 of 2006) .
F112[
Surrender of firearm for ballistic testing.
25B.— (1) The Commissioner may by notice in writing require any person lawfully possessing a firearm to produce it at such time and place as may be specified in the notice for the purpose of having ballistic or other tests carried out on it and of establishing and recording its distinctive characteristics.
(2) A person who, without reasonable excuse, does not comply with such a notice is guilty of an offence under this Act.]
Annotations
Amendments:
F112
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 47, S.I. No. 390 of 2006.
F113[Delegation of Commissioner’s functions.
25C.— The Commissioner may appoint in writing a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent to perform any of the Commissioner’s functions under this Act.]
Annotations
Amendments:
F113
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 48, S.I. No. 390 of 2006.
F114[Delegation of certain functions of Superintendent
25CA. … ]
Annotations:
Amendments:
F114
Inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 6, not commenced as of date of revision.
Modifications (not altering text):
C35
Prospective affecting provision: section inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 6, not commenced as of date of revision.
F114[25CA. (1) A Superintendent in a Garda division may delegate in writing the functions conferred on a Superintendent by the following sections:
(a) section 2(5);
(b) section 2(7);
(c) section 3 in relation to applications for firearm certificates (other than restricted firearm certificates);
(d) section 4A(12);
to an Inspector of the Garda Síochána in the division, to be performed in accordance with this section.
(2) An Inspector to whom functions are delegated under subsection (1) shall not be considered by virtue of that delegation to be acting as a Superintendent within the meaning of section 1(3).
(3) Where functions of a Superintendent are delegated under subsection (1)—
(a) the delegation shall confer on and vest in the Inspector to whom the functions are delegated each of the functions so delegated,
(b) every function so delegated shall be exercisable and performed by the Inspector in his or her own name but subject to the general superintendence and control of the Superintendent who made the delegation and subject to any conditions or restrictions stated in the delegation,
(c) every function so delegated shall, subject to paragraph (b)—
(i) continue to be vested in the Superintendent who made the delegation,
(ii) be vested concurrently with the Inspector to whom the function is delegated, and
(iii) be capable of being exercised or performed by either that Superintendent or that Inspector,
(d) a reference in this Act to a Superintendent performing a function that has been delegated under subsection (1) shall include a reference to the Inspector to whom the function has been delegated,
(e) the Superintendent who made the delegation may at any time revoke the delegation in writing, and
(f) the delegation shall terminate if the Superintendent who made the delegation ceases to be a Superintendent in the division concerned or if the Inspector to whom the delegation is made ceases to be an Inspector in the division concerned.]
F115[
Liability of officers of bodies corporate.
25D.— (1) Where—
(a) an offence under this Act is committed by a body corporate, and
(b) it is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who—
(i) was a director, manager, secretary or other officer of the body corporate, or
(ii) was a person purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if the person were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director or manager of the body corporate.
(3) The foregoing provisions apply, with the necessary modifications, where the offence was committed by an unincorporated body.]
Annotations
Amendments:
F115
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 49, S.I. No. 390 of 2006.
Savings.
26.—(1) Nothing in this Act relating to firearms shall apply to any antique firearm which is sold, bought, carried, or possessed as a curiosity or ornament.
(2) The provisions of this Act relating to ammunition shall be in addition to and not in derogation of any enactment relating to the keeping and sale of explosives.
F116[Regulations regarding disposal of certain firearms
26A.— Without prejudice to the operation of any other section of this Act, the Minister may, following consultation with the Commissioner, make regulations—
(a) to provide for the methods of destruction of such illicitly manufactured or trafficked firearms, parts, components and ammunition as he or she may prescribe,
(b) to provide for the methods of assignment for forensic, scientific, historical, or cultural purposes, of such illicitly manufactured or trafficked firearms, parts, components and ammunition as he or she may prescribe, and
(c) to provide for the marking of the firearms to which paragraph (b) relates and the recording of the methods of assignment of the firearms, parts, components and ammunition prescribed under that paragraph.]
Annotations:
Amendments:
F116
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 18, S.I. No. 391 of 2023.
F117[
Regulations.
27.— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.
(2) The regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.
(3) Regulations prescribing fees shall be made with the consent of the Minister for Finance.]
Annotations
Amendments:
F117
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 50, S.I. No. 390 of 2006.
Modifications (not altering text):
C36
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 17 of 1925
Firearms Act 1925
Sections 3B, 3C, 4B(6) and 27
…
…
…
Editorial Notes:
E56
Power pursuant to section exercised (30.11.2011) by Firearms (Authorisation of Rifle or Pistol Shooting Ranges) Regulations 2011 (S.I. No. 622 of 2011).
E57
Power pursuant to section exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).
E58
Power pursuant to section exercised (1.08.2009) by Firearms Act 1925 (Prescribed Firearm Certificates) Regulations 2009 (S.I. No. 311 of 2009).
E59
Power pursuant to section exercised (27.07.2007) by Firearms Acts 1925 to 2009 (Firearm Certificate) Regulations 2009 (S.I. No. 295 of 2009).
E60
Power pursuant to section exercised (1.11.1976) by Firearms Act Regulations 1976 (S.I. No. 239 of 1976).
E61
Previous affecting provision: power pursuant to section exercised (1.08.1925) by Firearms Act Regulations 1925 (unnumbered), revoked (1.11.1976) by Firearms Act Regulations 1976 (S.I. No. 239 of 1976), reg. 19.
F118[Laying of orders or regulations before Houses of Oireachtas.
27A.— An order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either such House within the next 21 days on which that House has sat after it has been laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.]
Annotations
Amendments:
F118
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 51, S.I. No. 390 of 2006.
F119[
Provision of information by Commissioner to Minister for purposes of Act and Firearms (Firearm Certificates For Non-Residents) Act 2000
27B. (1) The Minister may request the Commissioner to provide any information necessary for the performance of the Minister’s functions under sections 9, 10, 11 and 17 and under section 2 of the Firearms (Firearm Certificates For Non-Residents) Act 2000, and the Commissioner shall, notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, comply with that request.
(2) In this section, “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201611 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]
Annotations
Amendments:
F119
Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 167, S.I. No. 174 of 2018.
11 OJ No. L 119, 4.5.2016, p.1
Partial continuance of Firearms (Temporary Provisions) Act, 1924.
28.—Notwithstanding anything to the contrary contained in the Firearms (Temporary Provisions) (Continuance) Act, 1925 (No. 10 of 1925), the Firearms (Temporary Provisions) Act, 1924 (No. 9 of 1924), and every regulation made thereunder which is in force on the 31st day of July, 1925, shall continue in force after that day so far as but no further than is necessary to authorise and enable persons charged before, on, or after the said 31st day of July, 1925, with having committed on or before that day any offence under the said Firearms (Temporary Provisions) Act, 1924, or any breach of any such regulation as aforesaid to be prosecuted and tried and, if found guilty, to be convicted and sentenced under the said Act and regulations after the said 31st day of July, 1925, and to authorise and enable any appeal (including an appeal by way of case stated) against any conviction and sentence (whether before, on, or after the said 31st day of July, 1925) for an offence under the said Act or breach of any such regulation to be brought, heard, and determined after the said 31st day of July, 1925.
Repeal.
29.—The Firearms Act, 1920, is hereby repealed.
Short title and commencement.
30.—(1) This Act may be cited as the Firearms Act, 1925.
(2) This Act shall come into operation on the 1st day of August, 1925.
FIREARMS ACT 1964
REVISED
Updated to 27 December 2021
AN ACT TO AMEND AND EXTEND THE FIREARMS ACT, 1925. [28th January, 1964.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Application of Act extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 8 and 13(1).
Provisions of Firearms Acts and other Statutes.
8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
…
Offences.
13. (1) A person who contravenes any provision of these Regulations shall, without prejudice to any liability under the Firearms Acts, be guilty of an offence under these Regulations.
…
Editorial Notes:
E1
Previous affecting provisions: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990. Definition replaced (1.08.2006) by Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.
E2
Offences under collectively cited Firearms Act 1925 to 1971 designated scheduled offences for the purposes of Part V of the Offences against the State Act 1939 (No. 13 of 1939) (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).
Interpretation.
1.—(1) In this Act—
F1[“the Commissioner” means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner’s functions under this Act; ]
F2[“firearm” includes a restricted firearm, unless otherwise provided or the context otherwise requires;]
F1[“the Minister” means the Minister for Justice, Equality and Law Reform;]
“the Principal Act” means the Firearms Act, 1925;
“public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“Superintendent” means a Superintendent of the Garda Síochána and includes an Inspector of the Garda Síochána acting as a Superintendent.
(2) In this Act and in the Principal Act, references to the Principal Act shall, where the context so requires or permits, be construed as references to that Act as amended by this Act.
(3) This Act shall be construed as one with the Principal Act.
Annotations
Amendments:
F1
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 52(a), S.I. No. 390 of 2006.
F2
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 52(b), S.I. No. 390 of 2006.
Extension of Principal Act to airguns.
2.—F3[…]
Annotations
Amendments:
F3
Repealed (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(2)(b), S.I. No. 313 of 1990.
Temporary prohibition of game shooting.
3.—(1) The Minister may, on its being represented to him by the Minister for Lands that it is necessary to do so in the interests of the preservation of F4[protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976,], make an order prohibiting the use or carriage of firearms or of firearms of such class or classes as may be specified in the order in a public place or on any lands either throughout the State or in such area or areas as may be specified in the order during such period, not exceeding one month, as may be specified in the order.
(2) The Minister may by order, made after consultation with the Minister for Lands, amend or revoke an order under this section, including an order under this subsection F5[, but an order under this subsection shall not extend for more than a month a period mentioned in subsection (1) of this section].
(3) An order under this section shall not apply in relation to the use or carriage of firearms by members of the Defence Forces or the Garda Síochána or to the use or carriage of a firearm by a person to whom the Superintendent of any district has granted a permit which is in force to use and carry a firearm for a purpose (other than the shooting of F6[such protected wild animals or wild birds]) specified in the permit in that district during a period specified in the permit, if the firearm is being used and carried in accordance with the terms of the permit.
(4) (a) Whenever an order under subsection (1) of this section is in force in relation to any district, the Superintendent of that district may, in his absolute discretion, grant to any person a permit to use and carry in that district for a purpose (other than the shooting of F6[such protected wild animals or wild birds]) specified in the permit during a period specified in the permit a firearm to the use or carriage of which the order applies.
(b) The Superintendent of any district may revoke a permit granted under this section in relation to that district.
Annotations
Amendments:
F4
Substituted (1.06.1977) by Wildlife Act 1976 (39/1976), s. 65(1)(a), S.I. No. 154 of 1977.
F5
Inserted (1.06.1977) by Wildlife Act 1976 (39/1976), s. 65(1)(b), S.I. No. 154 of 1977.
F6
Substituted (1.06.1977) by Wildlife Act 1976 (39/1976), s. 65(1)(c), S.I. No. 154 of 1977.
Temporary custody of firearms by Garda Síochána in interests of public safety.
4.—(1) The Minister may, if satisfied that it is necessary to do so in the interests of the public safety F7[or public security], make an order requiring every person residing in an area specified in the order and having possession of any firearm or ammunition or of a firearm or ammunition of such class or classes as may be specified in the order to surrender it on or before a date specified in the order to the Garda Síochána.
(2) An order under subsection (1) of this section shall remain in force for such period not exceeding one month as may be specified in the order.
(3) The Minister may by order amend or revoke an order under this section, including an order under this subsection.
(4) Whenever an order under subsection (1) of this section is in force a member of the Garda Síochána may seize a firearm or ammunition to which the order applies found in the area specified in the order after the date on or before which the firearm or ammunition is required by the order to be surrendered to the Garda Síochána and the Garda Síochána may, while the order remains in force, retain possession of any firearm or ammunition seized by or surrendered to them in pursuance of the order.
(5) As soon as may be after the time at which an order under subsection (1) of this section ceases to be in force, the Garda Síochána shall, subject to the provisions of the Principal Act, return any firearms or ammunition surrendered to or seized by them pursuant to the order to the owners thereof.
(6) An order under subsection (1) of this section shall not apply in relation to firearms or ammunition in the possession of members of the Defence Forces or the Garda Síochána.
Annotations
Amendments:
F7
Inserted (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 12(1).
Modifications (not altering text):
C2
Further requirement in relation to application of section provided (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 12(2).
12. (1) …
(2) An order under that section shall be notified to the Commission of the European Communities.
Editorial Notes:
E3
Power pursuant to section exercised (2.08.1972) by Firearms (Temporary Custody) Order 1972 (S.I. No. 187 of 1972), expired after one month.
Contravention of orders under sections 3 and 4.
5.—A person who contravenes a provision of an order under section 3 or section 4 of this Act shall be guilty of an offence under the Principal Act.
Provisions in relation to orders under sections 3 and 4.
6.—(1) An order under section 3 or section 4 of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(2) Whenever an order is made under section 3 or section 4 of this Act, notice of the making of the order and of its effect shall be published in at least one newspaper circulating in the area or each area to which the order applies.
Disposal of certain firearms and ammunition in the possession of the Garda Síochána.
7.—(1) References in this section to a firearm or ammunition that has come into the possession of the Garda Síochána are references to a firearm or ammunition that has come into the possession of the Garda Síochána before the passing of this Act pursuant to section 6 of the Principal Act or otherwise.
(2) The Commissioner may cause to be published in each daily newspaper published in the State a notice stating that any firearm or ammunition that has come into the possession of the Garda Síochána may be sold or destroyed unless the owner thereof makes claim and establishes his title thereto within the period of three months beginning on the date of the publication of the notice.
(3) Where a notice is published pursuant to subsection (2) of this section—
(a) the Commissioner shall cause to be sent by post to every person of whose address the Garda Síochána are aware and who is believed to be the owner of a firearm or ammunition that has come into the possession of the Garda Síochána a notice stating that the firearm or ammunition may be sold or destroyed unless the person makes claim and establishes his title thereto within the period of three months beginning on the date of the publication of the notice referred to in subsection (2) of this section,
(b) where the address of the person believed to be the owner is unknown or the Commissioner is of opinion that a notice as aforesaid would not be understood by such person, the Commissioner may, at his discretion, cause the notice to be sent by post or otherwise given to any member of the family of such person or to such other person, if any, as he may, in the particular circumstances, think appropriate.
(4) Where a notice is published pursuant to subsection (2) of this section and, in cases where it is appropriate, notice is given pursuant to subsection (3) of this section—
(a) a person who makes claim and establishes his title to a firearm or ammunition that has come into the possession of the Garda Síochána within the period specified in the notice published pursuant to subsection (2) of this section may, subject to the provisions of the Principal Act, cause the firearm or ammunition to be removed from the custody of the Garda Síochána within that period, and
(b) the Commissioner may cause to be sold any firearm or ammunition that has come into the possession of the Garda Síochána and is not claimed and removed from the custody of the Garda Síochána or to which title is not established to the satisfaction of the Commissioner within the period referred to in paragraph (a) of this subsection and shall, as soon as may be, cause the proceeds of the sale to be paid to the owner or, if the owner cannot be ascertained, for the benefit of the Exchequer, and
(c) the Commissioner may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (b) of this subsection and has not been sold, if, in the opinion of the Commissioner, the firearm or ammunition is unlikely to be sold if offered for sale again and shall cause to be sent to any person who is believed to be the owner of the firearm or ammunition or (where appropriate) to another person in accordance with paragraph (b) of subsection (3) of this section a notice informing the person to whom it is sent of such destruction.
Disposal of firearms in certain circumstances.
8.—The following section is hereby substituted for section 6 of the Principal Act:
“When a Superintendent revokes a firearm certificate and the person who is the holder of the certificate has a firearm, with or without ammunition, in his possession in the State at the time of such revocation or where a person has a firearm, with or without ammunition, in his possession in the State but is not the holder of a firearm certificate in respect thereof and such possession is not otherwise authorised under this Act—
(a) the person shall forthwith deliver the firearm and ammunition (if any) to the Superintendent,
(b) the Superintendent shall forthwith cause the person to be informed by notice in writing of his right to dispose of the firearm and ammunition (if any) in any manner not contrary to law,
(c) upon such delivery, the person may dispose of the firearm and ammunition (if any) as aforesaid,
(d) if the person does not, within three months after the delivery of the firearm and ammunition (if any) to the Superintendent, arrange for its or their disposal in accordance with the provisions of this Act, inform the Superintendent of the arrangements and carry out the arrangements, the Superintendent may send to the person by post to his last known address a notice informing him that unless arrangements of the kind aforesaid are made, communicated to the Superintendent and carried out within one month after the date on which the notice is sent, the firearm and ammunition (if any) will be sold or destroyed,
(e) if within one month after the date on which the notice aforesaid is sent, arrangements of the kind aforesaid are not made, communicated to the Superintendent and carried out, the Superintendent may cause the firearm and ammunition (if any) to be sold and shall, as soon as may be, cause the proceeds of the sale to be paid to the person,
(f) the Superintendent may cause to be destroyed any firearm or ammunition that has been offered for sale under paragraph (e) of this section and has not been sold if, in the opinion of the Superintendent, the firearm or ammunition is unlikely to be sold if offered for sale again and shall send to the person by post to his last known address a notice informing him of such destruction,
(g) where the address of the person is unknown or the Superintendent is of opinion that notices as aforesaid would not be understood by the person, the Superintendent may, at his discretion, send the notices by post or otherwise give them to any member of the family of the person or to such other person, if any, as he may, in the particular circumstances, think appropriate.”
F8[
Renewal of firearm certificate.
9.— (1) The Commissioner may from time to time renew a firearm certificate granted by him or her.
(2) The superintendent of the district where the holder of such a certificate resides may from time to time renew such a certificate.
(3) The superintendent of a district where the holder of a firearm certificate resides may from time to time renew a firearm certificate which has been granted by a superintendent.
(4) An inspector or sergeant of the Garda Síochána in the district where the holder of a firearm certificate issued by a superintendent resides may from time to time renew the certificate.
(5) A superintendent, or other member of the Garda Síochána, who is authorised under this section to renew a firearm certificate (“an authorised member”) may refuse to renew it, or vary any conditions to which it is subject under section 4(2)(g) of the Principal Act, only if prior sanction to do so in the particular case has been given by the Commissioner or superintendent, as the case may be.
F9[(6) An application for renewal of a firearm certificate shall be in the prescribed form.]
(7) A renewal of a firearm certificate shall be in the prescribed form.
(8) Before renewing a firearm certificate, an authorised member shall be of opinion that the conditions to which it is subject have been complied with and will continue to be complied with during the period for which the certificate is renewed.
(9) On the renewal of a firearm certificate, an authorised member may, subject to subsection (5) of this section, vary any conditions to which the certificate is subject under section 4(2)(g) of the Principal Act, if of opinion that such a variation is necessary in the interests of public safety or security.]
Annotations
Amendments:
F8
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 53, S.I. No. 390 of 2006.
F9
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 37, S.I. No. 310 of 2009.
Editorial Notes:
E4
Renewal of certificate applied for under this section may in certain circumstances be deemed to be granted under Wildlife Act 1976 (39/1976), s. 29 as provided (1.06.1977) by that section, S.I. No. 154 of 1977.
Period of validity of firearm certificate granted by Minister.
10.—F10[…]
Annotations
Amendments:
F10
Repealed (14.07.2000) by Firearms (Firearm Certificates for Non-Residents) Act 2000 (20/2000), s. 7(1)(b), commenced as per s. 8(3).
Change of firearm to which firearm certificate relates.
11.—(1) Subject to subsection (3) of this section, the F11[Minister or the Commissioner may substitute for the description of a firearm in a firearm certificate granted by him or her] the description of another firearm and, upon such substitution, the certificate shall have effect in relation to that other firearm and shall not have effect in relation to the first-mentioned firearm.
(2) Subject to subsection (3) of this section, the Superintendent of any district or any member of the Garda Síochána in any district duly authorised to do so by the Superintendent of that district may substitute for the description of a firearm F12[(other than a restricted firearm)] in a firearm certificate held by a person residing in that district the description of another F12[such] firearm and, upon such substitution, the certificate shall have effect in relation to that other firearm and shall not have effect in relation to the first-mentioned firearm.
(3) A substitution under this section in a firearm certificate shall not be effected unless the rate of excise duty chargeable in respect of a renewal of the certificate after the substitution does not exceed the rate chargeable immediately before such substitution.
Annotations
Amendments:
F11
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 54(a), S.I. No. 390 of 2006.
F12
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 54(b), S.I. No. 390 of 2006.
Modifications (not altering text):
C3
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(16), commenced as per s. 8(3).
Firearm certificates.
2.— …
(16) References to a firearm certificate in sections 11, 12, 21 and 24 of the Firearms Act, 1964, shall include references to a firearm certificate granted under this Act.
Limited use of shot-gun.
12.—F13[…]
Annotations
Amendments:
F13
Repealed by Firearms Act 1925 (17/1925), s. 3(15) as substituted (1.08.2009) by Criminal Justice Act 2006 (26/2006), s. 30, S.I. No. 309 of 2009, and as substituted in turn (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 43, S.I. No. 310 of 2009.
Editorial Notes:
E5
Previous affecting provision: definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(16), commenced as per s. 8(3).
E6
Previous affecting provision: words in subs. (1) substituted (1.06.1977) by Wildlife Act 1976 (39/1976), s. 65(1)(a), S.I. No. 154 of 1977.
Sale of firearms by auctioneers.
13.—(1) Notwithstanding anything contained in section 10 of the Principal Act, an auctioneer who stands authorised under this section may sell, expose for sale and have in his possession for sale, by auction in the ordinary course of his business as an auctioneer, a firearm or ammunition: Provided that in the case of a sale, the firearm or ammunition is not delivered to the purchaser until he produces to the auctioneer a firearm certificate which is in force authorising him to purchase the firearm or ammunition or proves that he is lawfully entitled to have possession of the firearm or ammunition without having a firearm certificate therefor.
(2) The Superintendent of any district may authorise in writing an auctioneer F14[(being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section)] in that district to sell, expose for sale and have in his possession for sale, by auction a firearm or ammunition during such period, not exceeding one year, as may be specified in the authorisation.
(3) A Superintendent shall not grant an authorisation under this section to an auctioneer unless he is satisfied, having regard to all the circumstances (including the provision made or to be made for the storage of the firearms and ammunition to which the authorisation, if granted, would relate), that the sale, exposing for sale or possession of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.
(4) A Superintendent may impose in relation to the grant of an authorisation under this section such conditions (if any) as he considers necessary to prevent danger to the public and, where a condition is imposed, it shall be specified in the authorisation.
(5) An authorisation under this section may be revoked at any time by the Superintendent of the district in which it was granted.
(6) A person who contravenes a condition imposed in relation to the grant of an authorisation under this section shall be guilty of an offence under the Principal Act.
F15[(7) In this section, references to a firearm and ammunition do not include references to a restricted firearm or restricted ammunition.
(8) This section is without prejudice to subsections (4A) to (4G) of section 10 of the Principal Act.]
Annotations
Amendments:
F14
Inserted (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 101 and sch. 8 para. 4, S.I. No. 198 of 2012.
F15
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 55, S.I. No. 390 of 2006.
Amendment of section 1 of Principal Act.
14.—Section 1 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:
“(3) In this Act references to a Superintendent of the Garda Síochána include references to an Inspector of the Garda Síochána acting as a Superintendent.”
Amendment of section 2 of Principal Act.
15.—Section 2 of the Principal Act is hereby amended by—
(a) the insertion in paragraph (g) of subsection (3) after “humane killer” of “or ammunition therefor”, and
(b) the insertion after subsection (3) of the following subsection:
“(4) This section shall not apply to any of the following cases and such cases are accordingly excepted from this section, that is to say:
(a) the possession, use or carriage of a firearm or ammunition by an employee of a registered firearms dealer in the ordinary course of business of the dealer as a firearms dealer,
(b) the possession or carriage of a firearm or ammunition by an employee of a person engaged in the business of carrying or of warehousing goods for reward in the ordinary course of such business,
(c) the possession or carriage of a firearm or ammunition for purposes of sale by an auctioneer who stands authorised under section 13 of this Act or by an employee of such an auctioneer in the ordinary course of business as an auctioneer,
(d) the possession, use or carriage of a firearm or ammunition by a member of a rifle club or other gun club that stands authorised under this section while engaged as such member in a competition or target practice at a range or other place that stands authorised under this section,
(e) the possession, use or carriage of a firearm (other than a shot-gun) of a calibre not exceeding .23 inches or of ammunition by a person operating a range or shooting gallery in an amusement hall or at a fun fair, carnival or other like event for the purposes of the range or shooting gallery who stands authorised in that behalf under this section or by a person using such range or shooting gallery,
(f) the possession, use or carriage of a firearm or ammunition by a person taking part in a theatrical performance or rehearsal or in the production of a cinematograph film for the purpose of the performance, rehearsal or production, being a performance, rehearsal or production the person in charge of which stands authorised in that behalf under this section,
(g) the possession, use or carriage of a firearm or blank ammunition for the purpose of starting athletic races by a person who stands authorised in that behalf under this section,
(h) the possession, use or carriage of a firearm or blank ammunition provided by the Minister for Defence by a person taking part in a ceremony of any kind for the purposes of the ceremony, being a person who stands authorised in that behalf under this section.
(5) (a) The Superintendent of any district may authorise in writing the possession, use or carriage of firearms or ammunition in that district in any of the circumstances specified in paragraphs (d), (e), (f), (g) or (h) of subsection (4) of this section during such period, not exceeding one year, as may be specified in the authorisation.
(b) A Superintendent shall not grant an authorisation under this section unless he is satisfied having regard to all the circumstances (including the provision made or to be made for the storage of the firearms and ammunition to which the authorisation (if granted) would relate and the supervision of their use) that the possession, use or carriage, as the case may be, of firearms or ammunition in pursuance of the authorisation will not endanger the public safety or the peace.
(c) Where it is proposed to grant an authorisation under this section in respect of a rifle or other gun club or a range or other place referred to in paragraph (d) of subsection 4 of this section, the authorisation shall be granted to an officer of the club nominated by the club or to the person in charge of the range or other place as the case may be, and where there is a contravention of a condition imposed in relation to the grant of such an authorisation and the contravention is proved to have been committed with the consent or approval of or to have been facilitated by any neglect on the part of the person to whom the authorisation is granted, that person shall be guilty of an offence under this Act.
(d) A Superintendent may impose in relation to the grant of an authorisation under this section such conditions (if any) as he considers necessary to prevent danger to the public and, where a condition is imposed, it shall be specified in the authorisation.
(e) An authorisation under this section may be revoked at any time by the Superintendent of the district in which it is granted.
(f) A person who contravenes a condition imposed in relation to the grant of an authorisation under this section shall be guilty of an offence under this Act”.
Amendment of section 3 of Principal Act.
16.—Section 3 of the Principal Act is hereby amended by—
(a) the substitution of“before the 31st day of July in any year” for “during the month of July” in subsection (3), and
(b) the substitution for subsection (4) of the following subsection—
“(4) Every firearm certificate shall be in the prescribed form and shall operate and be expressed to authorise the person to whom it is granted—
(a) to have in his possession, use and carry the particular firearm described in the certificate, and
(b) to use ammunition in the firearm and to have in his possession at any one time and carry so much ammunition for the firearm as shall be specified in the certificate”.
Amendment of section 8 of Principal Act.
17.—Section 8 of the Principal Act is hereby amended by—
(a) the substitution of “sixteen years” for “fifteen years” in paragraph (a) of subsection (1),
(b) the deletion of paragraphs (d) and (e) of subsection (1) and the insertion of the following paragraphs:
“(d) any person who has been sentenced by any court in the State to penal servitude or to imprisonment for any term which has not expired or has expired within five years previously for a crime in the course of which a firearm was used or a firearm or an imitation firearm was produced for the apparent purpose of intimidating any person or a threat to use a firearm against any person or property was made, and
(e) any person who has been sentenced by any court in the State to penal servitude or to imprisonment for any term of not less than three months which has not expired or has expired within five years previously for a crime consisting of or including an assault on any person, and”.
Amendment of section 9 of Principal Act.
18.—Section 9 of the Principal Act is hereby amended by the deletion in subsection (3) of “the number of registered firearms dealers in the neighbourhood in which the applicant proposes to carry on business,”.
Amendment of section 10 of Principal Act.
19.—Section 10 of the Principal Act is hereby amended by—
(a) the substitution of “any person” for “any firearms dealer” and “such person” for “such firearms dealer” in subsection (2), and
(b) the substitution for subsection (4) of the following subsection:
“(4) It shall not be lawful for any registered firearms dealer to return to any person a firearm or ammunition given to the dealer for repair, test or proof unless the person—
(a) produces a firearm certificate authorising him to have possession of the firearm or ammunition, or
(b) proves to the satisfaction of the dealer that he is entitled to have possession of the firearm or ammunition without having a firearm certificate therefor, and”.
(c) the insertion in paragraph (b) of subsection (6) after “letting on hire” of “, giving” and after “hiring” of “, receiving”.
Amendment of section 16 of Principal Act,
20.—Section 16 of the Principal Act is hereby amended by the insertion in subsection (4) before “the firearm” of “or consigning for export”.
Amendment of section 17 of Principal Act.
21.— (1) The restriction imposed by section 17 of the Principal Act on the importation into the State of firearms F16[or ammunition] shall not apply in relation to the importation of a firearm by the holder of a firearm F16[or ammunition] certificate in respect of the firearm which is in force.
(2) The said section 17 is hereby amended by—
(a) the deletion in subsection (3) of “(not exceeding six months)”, and
(b) the deletion in subsection (4) of “(not being more than one month)”.
F17[(3) In this section, “ammunition” does not include—
(a) component parts of ammunition, or
(b) grenades, bombs and other similar missiles or their component parts.]
Annotations
Amendments:
F16
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 56(a), S.I. No. 390 of 2006.
F17
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 56(b), S.I. No. 390 of 2006.
F18
Repealed by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 38, not commenced as of 31.10.2012.
Modifications (not altering text):
C4
Section repealed by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 38, not commenced as of date of revision.
21.—F18[…]
C5
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(16), commenced as per s. 8(3).
Firearm certificates.
2.— …
(16) References to a firearm certificate in sections 11, 12, 21 and 24 of the Firearms Act, 1964, shall include references to a firearm certificate granted under this Act.
Amendment of section 21 of Principal Act.
22.—Section 21 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (6):
“(6) Where a firearm or ammunition is seized under this section or under section 22 of this Act and a prosecution for an offence under this Act in relation to the firearm or ammunition is not instituted, the firearm or ammunition shall be—
(a) returned to the person who is the owner, consignor or consignee thereof, as may be appropriate, or disposed of, subject to the provisions of this Act, in accordance with the directions of such person, or
(b) made the subject of an application to the District Court under the Police (Property) Act, 1897, and disposed of in accordance with the terms of the order made by the District Court under that Act in relation to the application.”
Amendment of section 24 of Principal Act.
23.—Section 24 of the Principal Act is hereby amended by the substitution of “forty-eight hours” for “twenty-four hours” in subsection (2).
Onus of proof.
24.—(1) Where, in a prosecution for an offence under the Principal Act, the existence or non-existence of a firearm certificate, a licence under section 17 of the Principal Act, an authorisation under section 2 of the Principal Act, a permit under section 3 of this Act or an authorisation under section 13 of this Act is material, it shall not be necessary to prove that the certificate, licence, authorisation or permit does not exist.
(2) Where, in a prosecution for an offence under the Principal Act, possession, use or carriage of a firearm or ammunition by a person is proved, it shall not be necessary to prove that the person was not entitled to have in his possession, use or carry a firearm or ammunition.
Annotations
Modifications (not altering text):
C6
Definition of firearm certificate extended (14.07.2000) by Firearms (Firearm Certificate for Non-Residents) Act 2000 (20/2000), s. 2(16), commenced as per s. 8(3).
Firearm certificates.
2.—…
(16) References to a firearm certificate in sections 11, 12, 21 and 24 of the Firearms Act, 1964, shall include references to a firearm certificate granted under this Act.
Extension of sections 23 and 28 of Larceny Act, 1916.
25.—(1) In F19[section 28] of the Larceny Act, 1916, “offensive weapon” shall include a firearm that is not loaded and an imitation firearm.
(2) In this section and the next two sections “imitation firearm” means anything which is not a firearm but has the appearance of being a firearm.
Annotations
Amendments:
F19
Substituted (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 21(6), S.I. No. 112 of 1976.
Editorial Notes:
E7
Larceny Act 1916 was repealed (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 3 and sch. 1., S.I. No. 252 of 2002.
F20[
Possession of firearm while taking vehicle without authority.
26.— (1) A person who contravenes subsection (1) of section 112 of the Road Traffic Act 1961 and who at the time of the contravention has with him or her a firearm or imitation firearm is guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section F21[…], and
(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.
(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.
(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.
F22[(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.]
(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may F23[, subject to subsection (6),] have regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if so—
(i) the stage at which the intention to plead guilty was indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the investigation of the offence.
(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—
(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.
(7) F21[…]
(8) F21[…]
(9) In proceedings for an offence under this section it is a good defence for the defendant to show that he or she had the firearm or imitation firearm for a lawful purpose when doing the act alleged to constitute the offence under subsection (1) of the said section 112.
(10) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) F21[…] of this section in those proceedings.]
Annotations
Amendments:
F20
Substituted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 57, S.I. No. 390 of 2006.
F21
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 5(a)(i)-(iii), S.I. No. 777 of 2021, subject to retrospective applicationby s. 10, see C-note below.
F22
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 36(a), S.I. No. 236 of 2007.
F23
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 36(b), S.I. No. 236 of 2007.
Modifications (not altering text):
C7
Deletion of subs. (8) applied with retrosopective effect (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 10, S.I. No. 777 of 2021.
Retrospective application of certain amendments
10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5 (c) and by section 6) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date.
(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Act where final judgment was given before that date in the proceedings in respect of the relevant offence.
(3) In this section “relevant offence” means— …
(e) an offence to which section 26 (8), section 27 (8) or section 27B(8) of the Firearms Act 1964 applied, immediately before their repeal by section 5, or
…
C8
Application of section extended to offences committed in Northern Ireland (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 2 and sch. para. 11(a), S.I. No. 112 of 1976.
Offences committed in Northern Ireland and related offences committed in State.
2.—(1) Where a person does in Northern Ireland an act that, if done in the State, would constitute an offence specified in the Schedule, he shall be guilty of an offence and he shall be liable on conviction on indictment to the penalty to which he would have been liable if he had done the act in the State.
…
SCHEDULE
11. Any offence under the following provisions of the Firearms Act, 1964 —
(a) section 26 (possession of firearm while taking vehicle without authority);
…
Editorial Notes:
E8
Minimum sentence for offences under section committed under certain circumstances provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 25 and sch. 2 para. 5(a), S.I. No. 236 of 2007.
E9
Power of court to make monitoring and protection orders in relation to offence under this section provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 26 and sch. 2 para. 5(a), S.I. No. 236 of 2007.
E10
Offence under section may be an element of terrorist activity as provided (8.07.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 4 and sch. 2 part 1 para. 9(d), commenced as per s. 2.
E11
Offences under section designated serious offences (4.09.1998 and 15.05.2000) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 15(a), 29 and 30, S.I. No. 315 of 1998 and S.I. No. 118 of 2000.
E12
Certain offences under section committed outside the State not to be regarded as political offences as provided by Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987), s. 3(3A) as inserted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 2 and sch. 1 para. 9(a), S.I. No. 220 of 1994.
E13
Previous affecting provision: subs. (1) amended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 21(6)(b), S.I. No. 112 of 1976. Subs. (1) was subsequently amended (1.03.1985) by Criminal Justice Act 1984 (22/1984), s. 14(2), S.I. No. 17 of 1985. Section substituted as per F-note above.
F24[
Prohibition of use of firearms to assist or aid escape.
27.— (1) A person shall not use or produce a firearm or imitation firearm—
(a) for the purpose of or while resisting the arrest of the person or of another person by a member of the Garda Síochána, or
(b) for the purpose of aiding, or in the course of, the escape or rescue of the person or of another person from lawful custody.
(2) A person who contravenes subsection (1) of this section is guilty of an offence and liable on conviction on indictment—
(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section F25[…], and
(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.
(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.
(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.
F26[(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.]
(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may F27[, subject to subsection (6),] have regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if so—
(i) the stage at which the intention to plead guilty was indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the investigation of the offence.
(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—
(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.
(7) F25[…]
(8) F25[…]
(9) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) F25[…] of this section in those proceedings.]
Annotations
Amendments:
F24
Substituted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 58, S.I. No. 390 of 2006.
F25
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 5(b)(i)-(iii), S.I. No. 777 of 2021, subject to retrospective applicationby s. 10, see C-note below.
F26
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 37(a), S.I. No. 236 of 2007.
F27
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 37(b), S.I. No. 236 of 2007.
Modifications (not altering text):
C9
Deletion of subs. (8) applied with retrosopective effect (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 10, S.I. No. 777 of 2021.
Retrospective application of certain amendments
10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5 (c) and by section 6) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date.
(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Act where final judgment was given before that date in the proceedings in respect of the relevant offence.
(3) In this section “relevant offence” means— …
(e) an offence to which section 26 (8), section 27 (8) or section 27B(8) of the Firearms Act 1964 applied, immediately before their repeal by section 5, or
…
C10
Application of section extended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 2 and sch. para. 11(b), S.I. No. 112 of 1976.
Offences committed in Northern Ireland and related offences committed in State.
2.—(1) Where a person does in Northern Ireland an act that, if done in the State, would constitute an offence specified in the Schedule, he shall be guilty of an offence and he shall be liable on conviction on indictment to the penalty to which he would have been liable if he had done the act in the State.
SCHEDULE
11. Any offence under the following provisions of the Firearms Act, 1964 — …
(b) section 27 (use of firearms to resist arrest or aid escape);
…
Editorial Notes:
E14
Offences under section designated relevant offences (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 7 and sch. para. 18, S.I. No. 414 of 2010, for purposes of Part 3 of that Act (exceptions to rule against double jeopardy, including application for retrial order (ss. 8-14) and approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences (ss. 15-18)).
E15
Minimum sentence for offences under section committed under certain circumstances provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 25 and sch. 2 para. 5(b), S.I. No. 236 of 2007.
E16
Power of court to make monitoring and protection orders in relation to offence under this section provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 26 and sch. 2 para. 5(b), S.I. No. 236 of 2007.
E17
Offence under section may be an element of terrorist activity as provided (8.07.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 4 and sch. 2 part 1 para. 9(e), commenced as per s. 2.
E18
Offences under section designated serious offences (4.09.1998 and 15.05.2000) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 15(b), 29 and 30, S.I. No. 315 of 1998 and S.I. No. 118 of 2000.
E19
Certain offences under section committed outside the State not to be regarded as political offences as provided by Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987), s. 3(3A) as inserted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 2 and sch. 1 para. 9(a), S.I. No. 220 of 1994.
E20
Previous affecting provision: subs. (2) amended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 21(6)(c), S.I. No. 112 of 1976. Subs. (2) subsequently amended (1.03.1985) by Criminal Justice Act 1984 (22/1984), s. 14(3), S.I. No. 17 of 1985. Section substituted as per F-note above.
F28[
Possession of firearm or ammunition in suspicious circumstances.
27A.— (1) It is an offence for a person to possess or control a firearm F29[or ammunition] in circumstances that give rise to a reasonable inference that the person does not possess or control it for a lawful purpose, unless the person possesses or controls it for such a purpose.
(2) A person guilty of an offence under this section is liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section F30[…], and
(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.
(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.
(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.
F31[(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.]
(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may F32[, subject to subsection (6),] have regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if so—
(i) the stage at which the intention to plead guilty was indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the investigation of the offence.
(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—
(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.
(7) F30[…]
(8) Where a person (except a person under the age of 18 years)—
(a) is convicted of a second or subsequent offence under this section,
(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27 or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990,
the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.
(9) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) F30[…] of this section in those proceedings.
(10) In the application of section 2 of the Criminal Law (Jurisdiction) Act 1976 to this section, it shall be presumed, unless the contrary is shown, that a purpose that is unlawful in the State is unlawful in Northern Ireland.]
Annotations
Amendments:
F28
Substituted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 59, S.I. No. 390 of 2006.
F29
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 38(a), S.I. No. 236 of 2007.
F30
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 5(c)(i)-(iii), S.I. No. 777 of 2021.
F31
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 38(b), S.I. No. 236 of 2007.
F32
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 38(c), S.I. No. 236 of 2007.
Modifications (not altering text):
C11
Declared unconstitutional: subs. (8) was declared unconstitutional (15.05.2019) by Ellis v Minister for Justice and Equality, Ireland and the Attorney General [2019] IESC 30. Finlay Geoghegan J.’s judgment, para. 65, is reproduced below.
Order
65. I would allow the appeal and grant a declaration that s. 27A(8) of the Firearms Act, 1964 (as substituted by s. 59 of the Criminal Justice Act, 2006) is repugnant to the Constitution.
C12
Application of section extended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 2 and sch. para 11(c), S.I. No. 112 of 1976.
Offences committed in Northern Ireland and related offences committed in State.
2.—(1) Where a person does in Northern Ireland an act that, if done in the State, would constitute an offence specified in the Schedule, he shall be guilty of an offence and he shall be liable on conviction on indictment to the penalty to which he would have been liable if he had done the act in the State.
SCHEDULE
11. Any offence under the following provisions of the Firearms Act, 1964 — …
(c) section 27A (possession of firearm or ammunition in suspicious circumstances);
…
Editorial Notes:
E21
Minimum sentence for offences under section committed under certain circumstances provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 25 and sch. 2 para. 5(c), S.I. No. 236 of 2007.
E22
Power of court to make monitoring and protection orders in relation to offence under this section provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 26 and sch. 2 para. 5(c), S.I. No. 236 of 2007.
E23
Offences under section designated serious offences (4.09.1998 and 15.05.2000) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 15(c), 29 and 30, S.I. No. 315 of 1998 and S.I. No. 118 of 2000.
E24
Offence under section may be an element of terrorist activity as provided (8.07.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 4 and sch. 2 part 1 para. 9(f), commenced as per s. 2.
E25
Previous affecting provision: section inserted (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 8, S.I. No. 112 of 1976. Subs. (1) amended (1.03.1985) by Criminal Justice Act 1984 (22/1984), s. 14(4), S.I. No. 17 of 1985. Subs. (1) subsequently amended (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 15(2), commenced on enactment. Section substituted as per F-note above.
F33[
Carrying firearm with criminal intent.
27B.— (1) It is an offence for a person to have with him or her a firearm, or an imitation firearm, with intent—
(a) to commit an indictable offence, or
(b) to resist or prevent the arrest of the person or another person,
in either case while the person has the firearm or imitation firearm with him or her.
(2) A person guilty of an offence under this section is liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section F34[…], and
(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.
(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.
(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.
F35[(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.]
(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may F36[, subject to subsection (6),] have regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if so—
(i) the stage at which the intention to plead guilty was indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the investigation of the offence.
(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may also have regard, in particular, to—
(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.
(7) F34[…]
(8) F34[…]
(9) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him or her and intended to commit an indictable offence or to resist or prevent arrest is evidence that the accused intended to have it with him or her while doing so.
(10) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) F34[…] of this section in those proceedings.]
Annotations
Amendments:
F33
Substituted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 60, S.I. No. 390 of 2006.
F34
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 5(d)(i)-(iii), S.I. No. 777 of 2021, subject to retrospective applicationby s. 10, see C-note below.
F35
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 39(a), S.I. No. 236 of 2007.
F36
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 39(b), S.I. No. 236 of 2007.
Modifications (not altering text):
C13
Deletion of subs. (8) applied with retrosopective effect (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 10, S.I. No. 777 of 2021.
Retrospective application of certain amendments
10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5 (c) and by section 6) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date.
(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Act where final judgment was given before that date in the proceedings in respect of the relevant offence.
(3) In this section “relevant offence” means— …
(e) an offence to which section 26 (8), section 27 (8) or section 27B(8) of the Firearms Act 1964 applied, immediately before their repeal by section 5, or
…
C14
Application of section extended (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 2 and sch. 1 para. 11(d), S.I. No. 112 of 1976.
Offences committed in Northern Ireland and related offences committed in State.
2.—(1) Where a person does in Northern Ireland an act that, if done in the State, would constitute an offence specified in the Schedule, he shall be guilty of an offence and he shall be liable on conviction on indictment to the penalty to which he would have been liable if he had done the act in the State.
SCHEDULE
11. Any offence under the following provisions of the Firearms Act, 1964 — …
(d) section 27B (carrying firearm with criminal intent).
Editorial Notes:
E26
Minimum sentence for offences under section committed under certain circumstances provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 25 and sch. 2 para. 5(d), S.I. No. 236 of 2007.
E27
Power of court to make monitoring order in relation to offence under this section provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 26 and sch. 2 para. 5(d), S.I. No. 236 of 2007.
E28
Offences under section designated serious offences (4.09.1998 and 15.05.2000) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 15(d), 29 and 30, S.I. No. 315 of 1998 and S.I. No. 118 of 2000.
E29
Offence under section may be an element of terrorist activity as provided (8.07.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 4 and sch. 2 part 1 para. 9(g), commenced as per s. 2.
E30
Certain offences under section committed outside the State not to be regarded as political offences as provided by Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987), s. 3(3A) as inserted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 2 and sch. 1 para. 9(c), S.I. No. 220 of 1994.
E31
Previous affecting provision: section inserted (1.06.1976) by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 9, S.I. No. 112 of 1976. Subs. (1) amended (1.03.1985) by Criminal Justice Act 1984 (22/1984), s. 14(5), S.I. No. 17 of 1985. Section substituted as per F-note above.
F37[
Provisions relating to minimum sentences under Firearms Acts 1925 to 2006.
27C.— (1) In this section, “minimum term of imprisonment” means a term specified by a court under—
(a) section 15 of the Principal Act,
(b) section 26, 27, 27A or 27B of this Act, and
(c) section 12A of the Firearms and Offensive Weapons Act 1990,
less any reduction in the period of imprisonment under subsection (3) of this section.
(2) The power to commute or remit punishment conferred by section 23 of the Criminal Justice Act 1951 does not apply in relation to a minimum term of imprisonment.
(3) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct apply in relation to a person serving such a minimum term.
(4) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960, as applied by section 4 of the Prisons Act 1970, to release temporarily a person serving a sentence of imprisonment shall not be exercised during a minimum term of imprisonment, unless for grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by that reason.]
Annotations
Amendments:
F37
Inserted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 61, S.I. No. 390 of 2006.
Repeals.
28.—(1) Subsection (5) of section 3, section 14 and subsection (2) of section 17 of the Principal Act are hereby repealed.
(2) Where, immediately before the passing of this Act, there was in force an authorisation under section 14 of the Principal Act there shall, upon such passing, be deemed to be in force a firearm certificate relating to the weapon to which the authorisation related granted by a Superintendent.
(3) An occasional licence granted under subsection (2) of section 17 of the Principal Act in relation to a prohibited weapon, and in force immediately before such passing, shall, upon such passing, be deemed to be an occasional licence granted under subsection (4) of the said section 17 in relation to that weapon.
Short title and collective citation.
29.—(1) This Act may be cited as the Firearms Act, 1964.
(2) The Firearms Act, 1925, and this Act may be cited together as the Firearms Acts, 1925 and 1964.
FIREARMS (PROOFING) ACT 1968
REVISED
Updated to 28 May 2019
AN ACT TO PROVIDE FOR THE PROOFING BY THE INSTITUTE FOR INDUSTRIAL RESEARCH AND STANDARDS OF CERTAIN FIREARMS, TO AMEND AND EXTEND THE FIREARMS ACTS, 1925 AND 1964, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3rd July, 1968]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Editorial Notes:
E1
Previous affecting provision: application of collectively cited Firearms Acts 1925 to 1990 extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 8; Firearms (Proofing) Act 1968 (20/1968) subsequently excluded from the collective citation (14.07.2000) by Firearms (Firearm Certificates for Non-Residents) Act 2000 (20/2000), s. 8(2), commenced as per s. 8(3).
E2
Previous affecting provision: offences under the Firearms Acts 1925 to 1971 declared to be scheduled offences for the purposes of Part V of the Offences Against the State Act 1939 (No. 13 of 1939) (30.05.1972) by Offences Against the State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972), art. 2 and appendix, commenced on enactment. Firearms (Proofing) Act 1968 (20/1968) subsequently excluded from the collective citation (14.07.2000) by Firearms (Firearm Certificates for Non-Residents) Act 2000 (20/2000), s. 8(2), commenced as per s. 8(3).
Definitions.
1.—In this Act—
“the Act of 1964” means the Firearms Act, 1964;
F1[…]
“the Institute” means the Institute for Industrial Research and Standards;
“the Minister” means the Minister for Industry and Commerce;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“the Principal Act” means the Firearms Act, 1925.
Annotations
Amendments:
F1
Repealed (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(2)(a), S.I. No. 313 of 1990.
Editorial Notes:
E3
Previous affecting provision: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990. Superseded (1.08.2006) by definition of firearm in Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.
Provision by the Institute of facilities for proofing firearms.
2.—As soon as may be after the commencement of this Act, the Institute shall provide or procure under its control such facilities as shall be approved by the Minister for the proofing of firearms for the purposes of this Act.
Duties of Institute regarding proofing of firearms.
3.—Upon the provision or procuration by it of the facilities referred to in section 2, the Institute shall—
(a) in accordance with such methods as shall be prescribed, proof all firearms presented to it for that purpose under this Act,
(b) apply to all firearms proofed by it under this Act (if found of proof) such mark or marks as shall be prescribed,
(c) charge to a person presenting to it firearms for proofing under this Act such fees as shall be prescribed.
Prohibition on export, sale, letting or use of unmarked firearms, and recognition of foreign proof marks.
4.—(1) The Minister may by order prohibit the export, sale, letting under a hire-purchase agreement or on hire, or the use of any firearms, or any specified class of firearms, unless there has been applied to such firearms either—
(a) a mark prescribed under this Act for application to firearms, or
(b) a mark required or authorised under the law of another State to be applied to such firearms, being a mark recognised for the purposes of this section by the Minister.
(2) The Minister may in an order under this section make such exceptions to any prohibition in the order in such circumstances as he thinks fit.
(3) The Minister may by order revoke or amend an order under this section.
(4) A person who contravenes an order under this section shall be guilty of an offence.
(5) Where the Minister recognises for the purposes of this section a mark required or authorised by the law of another State to be applied to firearms, he shall give such notice of such recognition, in “Iris Oifigiúil” and at least one newspaper circulating in the State, as he may think fit, and shall enter in a book (which shall be known, and is in this Act referred to, as the register of foreign proof marks) kept by the Minister for that purpose a copy of every such mark so recognised, and the register of foreign proof marks shall be open for inspection by any person at such times as the Minister may appoint.
(6) The Minister may, if he thinks fit, limit the application of any order under this section to firearms intended for sale in any country or countries (including, in either case, the State) specified in the order.
Registration by Minister of prescribed marks.
5.—The Minister may procure the registration in any register maintained in any place outside the State of a mark prescribed under this Act and may procure himself to be entered in that register as the proprietor of that mark.
Offences regarding application of marks to firearms.
6.—(1) A person other than the Institute shall not—
(a) apply to any firearms a mark prescribed under this Act for application to firearms or a mark so nearly resembling such a mark as to be calculated to deceive,
(b) sell, expose for sale or have in his possession for sale or for any purpose of trade or manufacture, any firearms to which any mark, so nearly resembling a mark prescribed under this Act for application to firearms as to be calculated to deceive, has been applied,
(c) make or have in his possession any die, block, machine or other instrument for the purpose of applying to firearms either a mark prescribed under this Act for application to firearms or a mark so nearly resembling such a mark as to be calculated to deceive.
(2) A person who contravenes this section shall be guilty of an offence.
Section 10 (1) of Principal Act not to apply to Institute.
7.—Section 10 (1) of the Principal Act shall not apply to the Institute.
Amendment of section 2 of Principal Act.
8.—Section 2 of the Principal Act is hereby amended by the insertion after subsection (4) (h) (inserted by section 15 of the Act of 1964) of the following:
“(i) the possession, use, or carriage of a firearm or ammunition in the course of his duties by an officer of the Institute for Industrial Research and Standards charged with the operation of facilities for proofing firearms provided or procured by that Institute under the Firearms (Proofing) Act, 1968.”
Amendment of section 21(2) of Principal Act.
9.—Section 21 (2) of the Principal Act is hereby amended by the insertion after “this Act” of the following: “, and may seize any firearms found in any such place to which a mark, being a mark mentioned in section 4 (1) (a) or 4 (1) (b) of the Firearms (Proofing) Act, 1968, has not been applied and in relation to which he reasonably believes or suspects that a breach of an order under the said section 4 has occurred”.
Penalties.
10.—(1) A person found guilty of an offence under this Act for which no express penalty has been provided shall be liable on summary conviction to a fine not exceeding one hundred pounds or to a term of imprisonment not exceeding six months, or, at the discretion of the court, to both such fine and such imprisonment.
(2) Where a person has been convicted of an offence under this Act and the contravention in respect of which he has been so convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day on which the contravention is so continued.
(3) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of the offence.
Prosecution of offences.
11.—An offence under this Act may be prosecuted by the Minister.
General provisions regarding orders or regulations.
12.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
(2) Every order or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E4
Power pursuant to section exercised (16.04.1969) by Firearms (Shotguns) (Proofing Methods, Marks and Fees) Regulations 1969 (S.I. No. 65 of 1969).
Expenses of Minister.
13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title, collective citation and commencement.
14.—(1) This Act may be cited as the Firearms (Proofing) Act, 1968.
(2) The Firearms Acts, 1925 and 1964, and this Act may be cited together as the Firearms Acts, 1925 to 1968.
(3) This Act shall come into operation on such day as the Minister by order appoints for that purpose.
Annotations
Editorial Notes:
E5
Power pursuant to section exercised (16.04.1969) by Firearms (Proofing) Act 1968 (Commencement) Order 1969 (S.I. No. 64 of 1969).
2. The 16th day of April, 1969, is hereby appointed as the day on which the Firearms (Proofing) Act, 1968 (No. 20 of 1968), shall come into operation
FIREARMS ACT 1971
REVISED
Updated to 28 May 2019
AN ACT TO AMEND AND EXTEND THE FIREARMS ACTS, 1925 TO 1968. [6th July, 1971.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Firearms Acts extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 8 and 13(1).
Provisions of Firearms Acts and other Statutes.
8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
…
Offences.
13. (1) A person who contravenes any provision of these Regulations shall, without prejudice to any liability under the Firearms Acts, be guilty of an offence under these Regulations.
…
C2
Application of Act extended (30.05.1972) by Offences Against the State (Scheduled Offences) Order 1972, (S.I. No. 142 of 1972), art. 2 and appendix.
2. It is hereby declared that the offences specified in the Appendix hereto shall be scheduled offences for the purposes of Part V of the Offences against the State Act, 1939 (No. 13 of 1939).
APPENDIX
…
3. Offences under the Firearms Acts, 1925 to 1971.
…
Editorial Notes:
E1
Previous affecting provisions: definition of firearm extended (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(1), S.I. No. 313 of 1990; superseded (1.08.2006) by new definition of firearm in Firearms Act 1925 (17/1925), s. 1, as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 26, S.I. No. 390 of 2006.
Definitions.
1.—In this Act—
“the Minister” means the Minister for Justice;
“the Principal Act” means the Firearms Act, 1925.
Amendment of section 1 of Principal Act.
2.—F1[…]
Annotations
Amendments:
F1
Repealed (1.01.1991) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 4(2)(b), (S.I. No. 313 of 1990).
Amendment of section 2 of Principal Act.
3.—Section 2 of the Principal Act is hereby amended—
(a) by the substitution in subsection (2) of “under this section” for “under this Act and shall be punishable accordingly”,
(b) by the insertion after subsection (2) of the following subsections:
“(2A) Where a person is guilty of an offence under this section he shall be liable—
(a) in a case where the offence relates to a sporting firearm or to any firearm in respect of which the defendant held a firearm certificate (if the firearm certificate most recently held by him was not revoked) or to any ammunition for, or component part of, either a sporting firearm or such other firearm—on summary conviction, in the case of a first offence, to a fine not exceeding £50 and, in the case of any subsequent offence, to a fine not exceeding £50 or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment,
(b) in any other case—on summary conviction, to a fine not exceeding £200 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment, or, on conviction on indictment, to a fine not exceeding £500 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
(2B) (a) In subsection (2A) of this section ‘sporting firearm’ means a firearm (other than a firearm of a kind declared by an order under this subsection for the time being in force to be especially dangerous) which is a shotgun having a barrel of not less than 24 inches in length or an unrifled airgun or a rifled firearm of a calibre not exceeding .22 inches.
(b) The Minister may by order declare a firearm of a kind specified in the order to be especially dangerous and may by order amend or revoke an order under this subsection.”,
(c) by the insertion after subsection (4) (i) (inserted by the Firearms (Proofing) Act, 1968) of the following:
“(j) the possession or carriage of a component part of a firearm by a person who stands authorised in that behalf under this section.”,
and
(d) by the insertion in subsection (5) (a) (inserted by the Firearms Act, 1964) after “this section” of “, or of any component parts of a firearm,”.
Annotations
Editorial Notes:
E2
The inserted subss. (2A) and (2B) above were subsequently substituted and deleted respectively in the Firearms Act 1925 (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 27(a) and (b), S.I. No. 390 of 2006.
Application of section 15 of Principal Act.
4.—For the removal of doubt it is hereby declared that in section 15 of the Principal Act references to life and property include references to life and property outside the area of application of the laws enacted by the Oireachtas.
Sale, possession and carriage of parts.
5.—(1) Nothing in section 10 of the Principal Act shall make it unlawful for a person to sell a part of a firearm, being a replacement, spare or extra part for use solely as part of such firearm, to a person (in this section referred to as the purchaser) who is the holder of a firearm certificate in respect of such firearm or who is entitled by virtue of the Firearms Acts, 1925 to 1971, to have possession of such firearm without having a firearm certificate therefor and no separate authorisation shall be required for the possession and carriage of such part by the purchaser.
(2) In this section “sell” has the meaning assigned to it by section 10 of the Principal Act.
Registration of dealers in sporting ammunition.
6.—(1) Section 9 of the Principal Act is hereby amended by the insertion after subsection (7) of the following subsections:
“(8) Registration (including registration in pursuance of a renewal of a previous registration) of a person in the register of firearms dealers may, at the discretion of the Minister, be made subject to the condition that the person shall not deal in firearms or deal in ammunition otherwise than by the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding .22 inches, and a person whose registration in the register of firearms dealers is made subject to the condition aforesaid and who fails to comply with it shall, notwithstanding anything contained in section 10 (1) of this Act, be guilty of an offence under this Act.
(9) In any proceedings a certificate under the seal of the Minister stating that the registration of a person in the register of firearms dealers was subject, on a specified day or during a specified period, to the condition referred to in subsection (8) of this section shall be evidence of that fact unless the contrary is proved.”.
(2) Section 10 of the Principal Act is hereby amended by the insertion after subsection (6) of the following subsection:
“(7) The references in subsections (2) and (3) of this section to a registered firearms dealer shall, in relation to a sale of any firearm or ammunition, be construed as references to a registered firearms dealer for whom it is lawful to purchase that firearm or ammunition by way of trade or business.”.
(3) Section 11 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:
“(2A) If and when the Minister is satisfied that any person who is registered in the register of firearms dealers and whose registration is subject to the condition referred to in section 9 (8) of this Act has failed to comply with the condition, the Minister may remove the name of such person from the register aforesaid.”.
Short title, collective citation, construction and commencement.
7.—(1) This Act may be cited as the Firearms Act, 1971.
(2) The Firearms Acts, 1925 to 1968, and this Act may be cited together as the Firearms Acts, 1925 to 1971.
(3) The Principal Act and this Act shall be construed together as one Act.
(4) This Act shall come into operation on the fourteenth day after the date of its passing.
FIREARMS AND OFFENSIVE WEAPONS ACT 1990
REVISED
Updated to 27 December 2021
AN ACT TO AMEND AND EXTEND THE FIREARMS ACTS, 1925 TO 1971, TO CONTROL THE AVAILABILITY AND POSSESSION OF OFFENSIVE WEAPONS AND OTHER ARTICLES AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12th June, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Firearms Acts 1925 to 1990 extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 2, 8 and 13(1).
Provisions of Firearms Acts and other Statutes.
8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
…
Offences.
13. (1) A person who contravenes any provision of these Regulations shall, without prejudice to any liability under the Firearms Acts, be guilty of an offence under these Regulations.
…
PART I
Preliminary
Short title and commencement.
1.—(1) This Act may be cited as the Firearms and Offensive Weapons Act, 1990.
(2) This Act (other than Part II) shall come into operation on the date of its passing.
(3) Part II of this Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular provision, and different days may be so fixed for different provisions of that Part.
Annotations
Editorial Notes:
E1
Power pursuant to subs. (3) exercised (1.01.1991) by Firearms and Offensive Weapons Act 1990 (Part II) (Commencement) Order 1990 (S.I. No. 313 of 1990).
2. The 1st day of January, 1991 is hereby fixed as the day on which Part II of the Firearms and Offensive Weapons Act, 1990 shall come into operation.
Interpretation.
2.—(1) In this Act “the Minister” means the Minister for Justice.
(2) In this Act a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended and a reference to a subsection is a reference to the subsection of the section in which the reference occurs, unless it is indicated that reference to some other section is intended.
(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
PART II
Amendments to Firearms Acts
Collective citation and construction.
3.—(1) The Firearms Acts, 1925 to 1971, and this Part may be cited together as the Firearms Acts, 1925 to 1990.
(2) The Firearms Acts, 1925 to 1971 (other than the Firearms (Proofing) Act, 1968) and this Part shall be construed together as one.
Extension of Firearms Acts to crossbows and stun guns.
4.— F1[…]
Annotations
Amendments:
F1
Repealed (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 63(a), S.I. No. 390 of 2006.
Amendment of section 10 of Firearms Act, 1925.
5.—The Firearms Act, 1925, is hereby amended by the insertion in section 10 after subsection (3) of the following subsection:
“(3A) (a) A person shall not sell, transfer or otherwise dispose of a firearm or ammunition for a firearm to a person who habitually resides, or to a body at an address, in a country that stands prescribed for the time being for the purposes of this section unless the superintendent of the Garda Síochána of the district in which the firearm or ammunition is kept, being satisfied that the transaction is authorised by the competent authorities of that country, also authorises it.
(b) This subsection is without prejudice to the other provisions of this section and to section 16 of this Act but subsection (4) of that section does not apply to a firearm or ammunition for a firearm carried by a person from the State for the purpose of transferring it permanently to such a country as aforesaid.
(c) In this subsection ‘firearm’ does not include a firearm specified in paragraph (c) or (d) (or in paragraph (f) or (g) so far as either of those paragraphs relates to the said paragraph (c) or (d)) of section 4 (1) of the Firearms and Offensive Weapons Act, 1990.”.
Authorisation to hold defective firearm without firearm certificate.
6.—(1) The superintendent of the Garda Síochána of a district may grant an authorisation in writing to a person resident in the district, not being a person disentitled under the Firearms Acts, 1925 to 1990, to hold a firearm certificate, to have in his possession, without a firearm certificate, a firearm where he is satisfied that the firearm would not be a firearm but for F2[paragraph (f) of the definition of “firearm” in section 1(1) of the Principal Act] and that the person has a good reason for wishing to keep it and may be permitted to do so without danger to the public safety or the peace.
(2) The superintendent of the district where the holder of an authorisation under this section resides may, at any time, attach to the authorisation any conditions, whether as regards safe custody or otherwise, which he considers necessary and may at any time revoke the authorisation.
Annotations
Amendments:
F2
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 63(b), S.I. No. 390 of 2006.
Possession, sale, etc., of silencers.
7.—(1) A person shall be guilty of an offence if he has in his possession or sells or transfers to another person a silencer unless the possession, sale or transfer is authorised in writing by the superintendent of the district in which the first-mentioned person resides.
(2) A superintendent shall not grant an authorisation under this section unless he is satisfied that the person who is to have possession of the silencer or to whom it is to be sold or transferred is the holder of a firearm certificate for a firearm to which the silencer can be fitted and that—
(a) having regard to all the circumstances, the possession, sale or transfer concerned will not endanger the public safety or the peace, and
(b) the person has a special need that is, in the opinion of the superintendent, sufficient to justify the granting of the authorisation for the silencer.
(3) The superintendent of the district where the holder of an authorisation under this section resides may, at any time, attach to the authorisation such conditions as he considers necessary for the purpose of preventing danger to the public or to the peace or of ensuring that the silencer is used only to satisfy the special need for which the authorisation was granted.
(4) An authorisation under this section may be granted for such period not exceeding one year as is specified in the authorisation and may be revoked by the superintendent of the district where its holder resides.
(5) A person who contravenes a condition attached to an authorisation under this section shall be guilty of an offence.
(6) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding F3[€5,000] or to imprisonment for a term not exceeding one year or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F3[7 years] or to both.
(7) This section does not apply in relation to a person specified in paragraph (b), (c) or (d) of subsection (3) of section 2 of the Firearms Act, 1925, or paragraph (a) or (b) of subsection (4) (inserted by the Firearms Act, 1964) of that section.
(8) In this section—
“silencer” means a silencer specified in F4[paragraph (g)(ii) of the definition of “firearm” in section 1(1) of the Principal Act];
“superintendent” means a superintendent of the Garda Síochána.
Annotations
Amendments:
F3
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F4
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 63(c), S.I. No. 390 of 2006.
Editorial Notes:
E2
Offences under section designated serious offences by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(a), 29 and 30; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
Reckless discharge of firearm.
8.—A person who discharges a firearm being reckless as to whether any person will be injured or not, shall be guilty of an offence, whether any such injury is caused or not, and shall be liable—
(a) on summary conviction, to a fine not exceeding F5[€5,000] or to imprisonment for a term not exceeding twelve months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F5[7 years] or to both.
Annotations
Amendments:
F5
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E3
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(b), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
F6[
Other amendments to Firearms Acts.
8A.— Each provision of the Firearms Acts 1925 to 2006 specified in Schedule 1 to the Criminal Justice Act 2006 is amended in the manner specified in the third and fourth columns opposite the mention of that provision in the first column of that Schedule. ]
Annotations
Amendments:
F6
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 64, S.I. No. 390 of 2006.
PART III
Offensive Weapons
Possession of knives and other articles.
9.—(1) Subject to subsections (2) and (3), where a person has with him in any public place any knife or any other article which has a blade or which is sharply pointed, he shall be guilty of an offence.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had good reason or lawful authority for having the article with him in a public place.
(3) Without prejudice to the generality of subsection (2), it shall be a defence for a person charged with an offence under subsection (1) to prove that he had the article with him for use at work or for a recreational purpose.
(4) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him), has with him in any public place—
(a) any flick-knife, or
(b) any other article whatsoever made or adapted for use for causing injury to or incapacitating a person,
he shall be guilty of an offence.
(5) Where a person has with him in any public place any article intended by him unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality or otherwise, he shall be guilty of an offence.
(6) In a prosecution for an offence under subsection (5), it shall not be necessary for the prosecution to allege or prove that the intent to cause injury, incapacitate or intimidate was intent to cause injury to, incapacitate or intimidate a particular person; and if, having regard to all the circumstances (including the type of the article alleged to have been intended to cause injury, incapacitate or intimidate, the time of the day or night, and the place), the court (or the jury as the case may be) thinks it reasonable to do so, it may regard possession of the article as sufficient evidence of intent in the absence of any adequate explanation by the accused.
F7[ (7) (a) A person guilty of an offence under subsection (1) shall be liable—
(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.]
(b) A person guilty of an offence under subsection (4) or (5) shall be liable—
(i) on summary conviction, to a fine not exceeding F8[€5,000] or to imprisonment for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
(8) In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any club premises and any train, vessel or vehicle used for the carriage of persons for reward.
(9) In this section “flick-knife” means a knife—
(a) which has a blade which opens when hand pressure is applied to a button, spring, lever or other device in or attached to the handle, or
(b) which has a blade which is released from the handle or sheath by the force of gravity or the application of centrifugal force and when released is locked in an open position by means of a button, spring, lever or other device.
Annotations
Amendments:
F7
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 39, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F8
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E4
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(c), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
E5
Previous affecting provision: amount of fine in subs. (7)(a)(i) substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006; substituted as per F-note above.
F9[
Possession of a realistic imitation firearm in a public place.
9A.— (1) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him or her), has a realistic imitation firearm with him or her in any public place, that person shall be guilty of an offence.
(2) A person guilty of an offence under this section shall be liable:
(i) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
(3) In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any club premises and any train, vessel or vehicle used for the carriage of persons for reward.
(4) In this section and in sections 9B to 9G “realistic imitation firearm” means a device that appears to the ordinary observer so realistic as to make it indistinguishable from a firearm.]
Annotations
Amendments:
F9
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F10[
Authorisation of use of realistic imitation firearms at specified venues, theatres, etc.
9B.— (1) The Superintendent of any district may authorise in writing the possession, use or carriage of realistic imitation firearms in that district at a specified location during such period, not exceeding one year, as may be specified in the authorisation.
(2) A Superintendent shall not grant an authorisation under this section unless he or she is satisfied having regard to all the circumstances (including the provision made or to be made for the storage of realistic imitation firearms to which the authorisation (if granted) would relate and the supervision of their use) that the possession, use or carriage, as the case may be, of realistic imitation firearms in pursuance of the authorisation will not endanger the public safety or the peace.
(3) Where it is proposed to grant an authorisation under this section in respect of a specified location, the authorisation shall be granted to the person in charge of the specified location and where there is a contravention of a condition imposed in relation to the grant of such an authorisation and the contravention is proved to have been committed with the consent or approval of or to have been facilitated by any neglect on the part of the person to whom the authorisation is granted, that person shall be guilty of an offence under this Act.
(4) A Superintendent may impose in relation to the grant of an authorisation under this section such conditions (if any) as he considers necessary to prevent danger to the public and, where a condition is imposed, it shall be specified in the authorisation.
(5) An authorisation under this section may be revoked at any time by the Superintendent of the District in which it is granted.
(6) A person who contravenes a condition imposed in relation to the grant of an authorisation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine of up to €5,000 or up to 12 months imprisonment.]
Annotations
Amendments:
F10
Inserted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, S.I. No. 310 of 2009. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Register of dealers in realistic imitation firearms to be kept.
9C.— …
Annotations
Amendments:
F11
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
Modifications (not altering text):
C2
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9C.— (1) The Minister shall cause a register of dealers in realistic imitation firearms to be established and kept.
(2) Any person who—
(a) applies, in accordance with the provisions of this section, to be registered in the register of dealers in realistic imitation firearms,
(b) pays the fee, if any, prescribed by regulations made by the Minister under this section, and
(c) satisfies the Minister that he or she is immediately about to carry on business as a dealer in realistic imitation firearms in premises suitable for that business,
may be registered in such register, but when considering any such application for registration the Minister shall have regard to the character of the applicant, and generally to the public safety and the preservation of the peace.
(3) The registration of a person in the register of dealers in realistic imitation firearms shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the registration was renewed.
(4) Every registered dealer in realistic imitation firearms shall be entitled to renew his or her registration in the register of dealers in realistic imitation firearms at any time within one month before the expiration of his existing registration or renewal on application therefor in accordance with the provisions of this section and payment of the fee, if any, prescribed by regulations made by the Minister under this section.
(5) Every application for registration in the register of dealers in realistic imitation firearms or for renewal of such registration shall be made to the Minister in the form and manner prescribed by regulations made by the Minister under this section and shall contain the prescribed particulars (if any) so prescribed.
(6) Every person registered in the register of dealers in realistic imitation firearms shall be entitled on such registration and on every renewal thereof to obtain from the Minister a certificate in writing of such registration or renewal.
(7) An application for registration in the register of dealers in realistic firearms dealers or for renewal of such registration shall be refused if granting it would, in the opinion of the Minister, prejudice public safety or security.
(8) The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a dealer in realistic imitation firearms carries on business or proposes to do so.
(9) The minimum standards shall be determined by reference to—
(a) the security of the premises,
(b) the location of the premises,
(c) their safety,
(d) their standard of construction,
(e) window displays, and
(f) types of merchandise,
and having regard to their use for, as the case may be, the manufacture, repair, testing or sale of imitation firearms.
(10) Applicants for registration or renewal shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (8) of this section.
(11) Without prejudice to subsection (2) of this section, the following persons are declared to be disentitled to be registered in the register of dealers in realistic imitation firearms:
(a) a person under the age of 21 years;
(b) a person of unsound mind;
(c) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2009, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005;
(d) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition.
(12) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.
Restrictions on import, manufacture and sale of realistic imitation firearms.
9D.— …
Annotations
Amendments:
F12
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C3
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9D.— (1) On and after the date of commencement of section 40 of the Criminal Justice (Miscellaneous Provisions) Act 2009 it is an offence for any person to import, manufacture, sell, repair, test, expose for sale, or have in his possession for sale, repair or test by way of trade or business, any realistic imitation firearm unless such person is registered in the register of dealers in realistic imitation firearms.
(2) On and after the date of commencement of section 40 of the Criminal Justice (Miscellaneous Provisions) Act 2009 it is an offence for a person to sell a realistic imitation firearm to a person under the age of 16 years.
(3) A person guilty of an offence under this section shall be liable:
(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or both.
Removal of names from register of dealers in realistic imitation firearms.
9E.— …
Annotations
Amendments:
F13
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision. A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C4
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9E.— (1) The Minister may at the request of any person who is registered in the register of dealers in realistic imitation firearms remove the name of such person from the register.
(2) If and when the Minister is satisfied that any person who is registered in the register of dealers in realistic imitation firearms—
(a) no longer carries on business as a dealer in realistic imitation firearms, or
(b) no longer has a place of business as such dealer in realistic imitation firearms in the State, or
(c) cannot any longer be permitted to carry on such business without danger to the public safety or to the peace, or
(d) has become a person who is declared under section 9C(11) of this Act to be disentitled to be registered in the register of dealers in realistic imitation firearms,
the Minister may remove the name of such person from the register.
(3) A person whose name is removed under this section from the register of dealers in realistic imitation firearms shall, on such removal, forthwith deliver up to the Minister the person’s certificate of registration or renewal.
(4) A person who contravenes subsection (3) of this section is guilty of an offence and on summary conviction is liable to a fine not exceeding €3,000.
Inspection of stock of dealer in realistic imitation firearms.
9F.— …
Annotations
Amendments:
F14
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C5
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9F.— (1) Any member of the Garda Síochána may at all reasonable times enter the premises of any registered dealer in realistic imitation firearms and there inspect any imitation firearms and any materials used in the manufacture, repair or test thereof found on such premises.
(2) Every person who obstructs or impedes any member of the Garda Síochána in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both.
Power by order to restrict sale of certain realistic imitation firearms from specified date.
9G.— …
Annotations
Amendments:
F15
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C6
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9G.— (1) Notwithstanding section 9D(1), the Minister may, if he or she considers that realistic imitation firearms represent a threat to public safety and security, and following consultation with the Commissioner, by order set a date or dates after which it is an offence for a person to import, manufacture, sell, repair, test, expose for sale or have in his or her possession for sale, repair or testing by way of trade or business any realistic imitation firearm or to do any one or more of the foregoing as may be specified in the order.
(2) Any order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to anything previously done thereunder.
(3) A person guilty of an offence under this section shall be liable:
(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or both.
Power by order to require certain descriptions of imitation firearms to conform to certain specifications.
9H.— …
Annotations
Amendments:
F16
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C7
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9H.— (1) The Minister may, if he or she considers that certain imitation firearms represent a threat to public safety and security, and following consultation with the Commissioner, by order set a date or dates after which it is an offence for a person to import, manufacture, sell, repair, test, expose for sale or have in his or her possession for sale, repair or testing by way of trade or business certain descriptions of imitation firearms unless the imitation firearms conform to certain specifications set out in the order.
(2) In this section “imitation firearm” means anything which is not a firearm but has the appearance of being a firearm.
(3) Any order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to anything previously done thereunder.
(4) A person guilty of an offence under this section shall be liable:
(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or both.
Tax clearance.
9I.— …
Annotations
Amendments:
F17
Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
Modifications (not altering text):
C8
Section inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 40, not commenced as of date of revision.
9I.— (1) In this section—
“Act of 1997” means the Taxes Consolidation Act 1997;
“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;
“tax clearance certificate” means a certificate under section 1095 (as substituted by section 127(b) of the Finance Act 2002) of the Act of 1997.
(2) The Minister shall refuse to register a person in the register of dealers in realistic imitation firearms or renew any such registration in respect of that person if that person is a person in relation to whom a tax clearance certificate is not in force.
(3) The Minister may nevertheless register a person in the register of dealers in realistic imitation firearms or renew any such registration in respect of that person if—
(a) the person has, at least four months before applying for such registration or renewal, applied for a tax clearance certificate and it has been refused and an appeal against the refusal has been made under section 1094(7) of the Act of 1997 but not determined, and
(b) the Minister would, but for subsection (2), have registered that person in the register of dealers in realistic imitation firearms or renewed any such registration in respect of the person.
(4) Where an appeal referred to in subsection (3) is made but is not successful, any registration or renewal of registration under that subsection shall expire 7 days after the appeal is determined or, where appropriate, finally determined.
(5) The Collector-General shall notify the Minister of any appeal against a refusal of an application for a tax clearance certificate and of the determination or, as appropriate, final determination of any such appeal.
Trespassing with a knife, weapon of offence or other article.
10.—(1) Where a person is on any premises as defined in subsection (2) as a trespasser, he shall be guilty of an offence if he has with him—
(a) any knife or other article to which section 9 (1) applies, or
(b) any weapon of offence (as defined in subsection (2)).
(2) In this section—
“premises” means any building, any part of a building and any land ancillary to a building;
“weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding F18[€5,000] or to imprisonment for a term not exceeding twelve months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
Annotations
Amendments:
F18
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E6
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(d), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
Production of article capable of inflicting serious injury.
11.—Where a person, while committing or appearing to be about to commit an offence, or in the course of a dispute or fight, produces in a manner likely unlawfully to intimidate another person any article capable of inflicting serious injury, he shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding F19[€5,000] or to imprisonment for a term not exceeding twelve months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
Annotations
Amendments:
F19
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E7
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(e), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
Power to prohibit manufacture, importation, sale, hire or loan of offensive weapons.
12.—(1) Any person who—
(a) manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies, or
(b) has in his possession for the purpose of sale or hire or for the purpose of repair or modification by way of business, or
(c) puts on display, or lends or gives to any other person,
a weapon to which this section applies shall be guilty of an offence.
(2) Where an offence under subsection (1) is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall also be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding F20[€5,000] or to imprisonment for a term not exceeding twelve months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F20[7 years] or to both.
(4) The Minister may by order direct that this section shall apply to any description of weapon specified in the order except any firearm subject to the Firearms Acts, 1925 to 1990.
(5) The Minister may by order amend or revoke an order made under this section.
(6) The importation of a weapon to which this section applies is hereby prohibited.
(7) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Amendments:
F20
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E8
Power pursuant to section exercised (1.09.2009) by Firearms And Offensive Weapons Act 1990 (Offensive Weapons) (Amendment) Order 2009 (S.I. No. 338 of 2009), amending S.I. No. 66 of 1991.
E9
Power pursuant to section exercised (1.05.1991) by Firearms and Offensive Weapons Act 1990 (Offensive Weapons) Order 1991 (S.I. No. 66 of 1991).
E10
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(f), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
Shortening barrel of shot-gun or rifle.
12A.— (1) Subject to subsection (2), a person who shortens the barrel of—
(a) a shot-gun to a length of less than 61 centimetres, or
(b) a rifle to a length of less than 50 centimetres,
is guilty of an offence.
(2) It is not an offence under subsection (1) for a registered firearms dealer to shorten the barrel of a shot-gun or rifle to a length of less than 61 or 50 centimetres respectively if the sole purpose of doing so is to replace a defective part of the barrel with a barrel of not less than 61 or 50 centimetres, as the case may be.
(3) It is an offence for a person to convert into a firearm anything which resembles a firearm but is not capable of discharging a projectile.
(4) Subject to subsection (5), it is an offence to modify a firearm so as to render its reloading mechanism fully automatic or to increase its calibre, irrespective of whether the firearm, as so modified, is a restricted firearm.
(5) Subsection (4) does not apply to a firearm designed and manufactured so as to enable barrels of different calibres to be attached to it.
(6) It is an offence for a person (except a registered firearms dealer) to possess without lawful authority or reasonable excuse—
(a) a shot-gun the barrel of which is less than 61 centimetres in length,
(b) a rifle the barrel of which is less than 50 centimetres in length,
(c) a converted firearm mentioned in subsection (3), or
(d) a firearm which has been modified as described in subsection (4).
(7) A person who is guilty of an offence under this section is liable on conviction on indictment—
(a) to imprisonment for a term not exceeding 10 years or such shorter term as the court may determine, subject to subsections (9) to (11) of this section F22[…] and
(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.
(8) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.
(9) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years (in this section referred to as the “minimum term of imprisonment”) as the minimum term of imprisonment to be served by the person.
(9A) The purpose of subsections (10) and (11) is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.
(10) Subsection (9) does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term of imprisonment unjust in all the circumstances, and for this purpose the court may , subject to subsection (11), have regard to any matters it considers appropriate, including—
(a) whether the person pleaded guilty to the offence and, if so—
(i) the stage at which the intention to plead guilty was indicated, and
(ii) the circumstances in which the indication was given,
and
(b) whether the person materially assisted in the investigation of the offence.
(11) The court, in considering for the purposes of subsection (10) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—
(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and
(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.
(12) F22[…]
(13) F22[…]
(14) Section 27C of the Firearms Act 1964 applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (9) F22[…] in those proceedings.
Annotations
Amendments:
F21
Inserted (1.11.2006) by Criminal Justice Act 2006 (26/2006), s. 65, S.I. No. 390 of 2006.
F22
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 7(a)-(c), S.I. No. 777 of 2021, subject to certain retrospective effects in s. 10.
Editorial Notes:
E11
Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(g), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.
E12
Previous affecting provision: subs. (13)(b) amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 40, S.I. No. 236 of 2007; subsection deleted as per F-note above.
Forfeiture of weapons and other articles.
13.—(1) Where a person is convicted of an offence under this Part, the court by or before which he is convicted may order any article in respect of which the offence was committed to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine.
(2) An order under this section shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.
Power of arrest without warrant.
14.—A member of the Garda Síochána may arrest without warrant any person who is, or whom the member, with reasonable cause, suspects to be, in the act of committing an offence under section 9, 10 or 11.
Search warrants.
15.—If a justice of the District Court or a Peace Commissioner is satisfied on the sworn information of a member of the Garda Síochána that there are reasonable grounds for suspecting that an offence under section 12 has been or is being committed on any premises, he may issue a warrant under his hand authorising a specified member of the Garda Síochána, accompanied by such other members of the Garda Síochána as the member thinks necessary, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, and search the premises specified in the warrant and to seize anything found there that he believes on reasonable grounds may be required to be used in evidence in any proceedings for an offence under section 12 or an offence under the Customs Acts in relation to the importation into the State of a weapon to which section 12 applies.
F23[
Power of search without warrant.
16.— (1) If a member of the Garda Síochána suspects with reasonable cause that a person has with him or her in any public place (within the meaning of section 9(8)) any article in contravention of section 9 or 9A (inserted by section 40 of the Criminal Justice (Miscellaneous Provisions) Act 2009), he may:
(a) search the person and, if he or she considers it necessary for that purpose, detain the person for such time as is reasonably necessary for carrying out the search,
(b) search any vehicle, vessel or aircraft in which he or she suspects that such article may be found and for the purpose of carrying out the search may, if he or she thinks fit, require the person who for the time being is in possession or control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or
(c) seize and detain anything found in the course of a search under this section that appears to him or her to be something that might be required as evidence in proceedings for an offence under section 9 or 9A.
(2) Nothing in this section shall operate to prejudice any powers to search, seize or detain property that may be exercisable by a member of the Garda Síochána apart from this section.]
Annotations
Amendments:
F23
Substituted (1.08.2009) by Criminal Law (Miscellaneous Provisions) Act 2009 (28/2009), s. 41, S.I. No. 310 of 2009.
F24[
Provision of information by Commissioner to Minister
16A. (1) The Minister may request the Commissioner of the Garda Síochána to provide any information necessary for the performance of the Minister’s functions under sections 9C and 9E and the Commissioner shall, notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, comply with that request.
(2) In this section “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201616 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]
Annotations
Amendments:
F24
Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 174, S.I. No. 174 of 2018.
16 OJ No. L 119, 4.5.2016, p.1
Extension of section 8 of Criminal Law Act, 1976.
17.—Section 8 of the Criminal Law Act, 1976, is hereby amended by the insertion in subsection (1) after paragraph (i) of the following paragraph:
“(j) an offence under section 12 (1) of the Firearms and Offensive Weapons Act, 1990.”.
Repeal of portion of section 4 of Vagrancy Act, 1824.
18.—Section 4 of the Vagrancy Act, 1824 (as extended to Ireland by section 15 of the Prevention of Crimes Act, 1871), is hereby amended by the deletion of “or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon,” and “and every such gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon,”.
FIREARMS (FIREARM CERTIFICATES FOR NON-RESIDENTS) ACT 2000
REVISED
Updated to 4 May 2022
AN ACT TO PROVIDE FOR AMENDMENT OF THE PROVISIONS GOVERNING THE LIMITATIONS AND RESTRICTIONS FOR THE GRANTING OF FIREARM CERTIFICATES UNDER SECTION 3 OF THE FIREARMS ACT, 1925, IN RESPECT OF PERSONS NOT ORDINARILY RESIDENT IN THE STATE AND THE GRANTING AND RENEWAL OF HUNTING LICENCES UNDER SECTION 29 OF THE WILDLIFE ACT, 1976, AND TO PROVIDE FOR CONNECTED MATTERS. [5th July, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Firearms Acts extended (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 20.
Provisions of Firearms Acts and other statutes
20. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
Editorial Notes:
E1
Previous affecting provision: application of collectively cited Firearms Acts extended (9.12.1993) by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), regs. 8 and 13(1); revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(a).
Interpretation.
1.—(1) In this Act, except when the context otherwise requires—
“the Act of 1976” means the Wildlife Act, 1976;
F1[“Commissioner” means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner’s functions under this Act;]
“firearm certificate” means a firearm certificate granted under section 2;
“hunting” means shooting with a firearm protected wild birds or protected wild animals within the meaning in each case of the Act of 1976;
“issuing person” shall be construed in accordance with section 2;
“the Minister” means the Minister for Justice, Equality and Law Reform;
“prescribed” means prescribed by regulations made by the Minister;
“the Principal Act” means the Firearms Act, 1925;
F1[“restricted firearm” means a firearm which is declared under section 2B(a) of the Principal Act to be a restricted firearm;]
“sporting purposes” means the purposes of target shooting or clay pigeon shooting or shooting in a competition or event.
(2) In this Act—
(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,
(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
Annotations
Amendments:
F1
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 66, S.I. No. 390 of 2006.
Firearm certificates.
2.—(1) On application in that behalf in accordance with subsection (2) to the Minister F2[, Commissioner] or the appropriate Superintendent by a person not ordinarily resident in the State who is of or over the age of 16 years, the Minister F2[, Commissioner] or the Superintendent, as may be appropriate, shall, subject to the provisions of this section, grant to the person a firearm certificate authorising the person to—
(a) have in his or her possession, use and carry the particular firearm described in the certificate for the purpose specified in the certificate,
(b) purchase and use in such firearm during the currency of such certificate such quantity of ammunition for such firearm as shall be specified in the certificate, and
(c) have in his or her possession at any one time and carry so much ammunition as shall be specified in the certificate.
(2) An application referred to in subsection (1) shall be made—
(a) in case the firearm to which it relates is intended only for hunting or sporting purposes or for shooting species whose shooting is not proscribed by law—
(i) if the application is made not later than 2 years after the commencement of this section, to the Minister, and
(ii) if it is made later than 2 years after such commencement or if the Minister has made an order under subsection (3), to the appropriate Superintendent,
F3[(aa) in case the firearm is a restricted firearm and is intended only for the purposes mentioned in paragraph (a), to the Minister or Commissioner,]
and
(b) in any other case, to the Minister.
(3) The Minister may, following consultation with the Commissioner of the Garda Síochána, by order reduce the length of the period referred to in subparagraph (i) of subsection (2)(a) to such extent as he or she considers appropriate.
(4) An application to which paragraph (a) F4[or (aa)] of subsection (2) relates for a firearm certificate under this section shall be in such form as may be prescribed or in a form to the like effect and shall be accompanied by the fee (if any) for the time being required by law.
(5) A person who applies to the Minister F5[, Commissioner] or a Superintendent of the Garda Síochána (referred to subsequently in this Act as “the issuing person”) for a firearm certificate under this section shall furnish to that person the information requested in the application form together with such further information as the issuing person may request for the purposes of his or her functions under this section and, if the person fails to comply with this subsection, the issuing person may refuse to grant the firearm certificate to the person.
F6[(6) A firearm certificate granted to a person under this section after the date of commencement of section 42 of the Criminal Justice (Miscellaneous Provisions) Act 2009 shall continue in force for a period of 1 year from the date on which it is granted, unless previously revoked.]
(7) The issuing person, before granting a firearm certificate to a person under this section, shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the certificate.
(8) The issuing person may, for the purpose of establishing that there is no good reason to refuse to grant a firearm certificate, treat any of the following as prima facie evidence of suitability to so grant—
(a) in the case of a person who is resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which F7[paragraphs (4) and (5) of Regulation 19 of the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022] relate, or
(b) in any other case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the issuing person considers acceptable.
(9) The issuing person may make such enquiries as he or she considers appropriate as to the suitability of any applicant for a firearm certificate under this section.
(10) The issuing person may attach such conditions, if any, as he or she considers necessary, to a firearm certificate granted to a person under this section.
(11) The issuing person shall not grant a firearm certificate to a person in respect of a firearm which is intended to be used for the purpose of hunting exempted wild mammals within the meaning of the Act of 1976 (other than hares) unless the issuing person is satisfied that the person is the holder of a current licence under section 29(1) of the Act of 1976.
(12) The Minister shall not grant a firearm certificate to a person in respect of a firearm which is intended to be used for the purpose of hunting protected wild birds within the meaning of the Act of 1976 or hares unless the Minister is satisfied that the person is the holder of a current licence under section 29(5)(b) of the Act of 1976.
(13) The issuing person may at any time revoke a firearm certificate granted to a person under this section if he or she is of the opinion that the holder of such certificate—
(a) is a person who cannot, without danger to the public safety or to the peace, be permitted to have a firearm in his or her possession,
(b) is using, or has used, such firearm for purposes not authorised by the certificate, or
(c) is a person who has contravened a condition attaching to the firearm certificate granted to him or her.
(14) Where a firearm certificate is revoked under this section, the issuing person shall, as soon as may be, notify the holder of the certificate in writing of the revocation and the notice shall direct the holder of the certificate to deliver forthwith the firearm described in the certificate and ammunition (if any) to the Superintendent of the Garda Síochána of the district in which he or she is residing at the time of the receipt of the notice and the provisions of section 6 of the Principal Act shall apply to the disposal of a firearm and ammunition delivered under this section as they apply to the disposal of a firearm and ammunition delivered under that section with any necessary modifications.
(15) References to a firearm certificate in sections 2, 10, 16, 22 and 23 of the Principal Act shall include references to a firearm certificate granted under this Act.
(16) References to a firearm certificate in sections 11, 12, 21 and 24 of the Firearms Act, 1964, shall include references to a firearm certificate granted under this Act.
(17) In this section, “the appropriate Superintendent”, in relation to a firearm certificate, means the Superintendent of the Garda Síochána of the district in which the firearm will first be used by the person.
Annotations
Amendments:
F2
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(a), S.I. No. 390 of 2006.
F3
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(b), S.I. No. 390 of 2006.
F4
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(c), S.I. No. 390 of 2006.
F5
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 67(d), S.I. No. 390 of 2006.
F6
Substituted (1.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 42, S.I. No. 310 of 2009.
F7
Substituted (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 36.
F8
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 19, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.
Modifications (not altering text):
C2
Prospective affecting provision: subss. (14), (17) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 19, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.
(14) Where a firearm certificate is revoked under this section, the issuing person shall, as soon as may be, notify the holder of the certificate in writing of the revocation and the notice shall direct the holder of the certificate to deliver forthwith the firearm described in the certificate and ammunition (if any) to F8[a Superintendent of the Garda Síochána in the Garda division] in which he or she is residing at the time of the receipt of the notice and the provisions of section 6 of the Principal Act shall apply to the disposal of a firearm and ammunition delivered under this section as they apply to the disposal of a firearm and ammunition delivered under that section with any necessary modifications.
…
(17) In this section, “the appropriate Superintendent”, in relation to a firearm certificate, means F8[a Superintendent of the Garda Síochána in the Garda division] in which the firearm will first be used by the person.
Editorial Notes:
E2
Provision for Minister to request any necessary information for performance of functions under section, notwithstanding any other enactment or rule of law, but subject to Data Protection Regulation and Data Protection At 2018, made by Firearms Act 1925 (17/1925), s. 27B, as inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 167, S.I. No. 174 of 2018.
E3
Power pursuant to section exercised (1.08.2009) by Firearms (Fees) Regulations 2009 (S.I. No. 312 of 2009).
E4
Power pursuant to section exercised (21.02.2002) by Firearms Certificates for Non-Residents Order 2002 (S.I. No. 48 of 2002), art. 2. The period specified in s. 2(2)(a)(i) was reduced so as to end on 28 February 2002.
Prohibition of false information and alteration of firearm certificates.
3.—(1) A person shall not knowingly give false information to the issuing person in relation to an application for a firearm certificate.
(2) A person shall not forge a document purporting to be a firearm certificate, or use or knowingly have in his or her possession such document.
(3) A person shall not alter or use a firearm certificate, or use an altered certificate, with intent to deceive.
(4) A person who contravenes this section shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding F9[€2,500] or to imprisonment for a term not exceeding 6 months or to both, or
(b) on conviction on indictment, to a fine not exceeding F9[€20,000] or to imprisonment for a term not exceeding 5 years or to both.
Annotations
Amendments:
F9
Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006.
Amendment of Act of 1976.
4.—The Act of 1976 is hereby amended by the substitution of the following section for section 29:
“
Licences to hunt with firearms.
29.—(1) Subject to section 75(1) of this Act, the Minister may, on application to the Minister in that behalf, if he or she thinks fit, and on payment of the prescribed fee (if any), grant to a person, who when making the application makes a declaration in a form approved of for the purposes of this section by the Minister, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, and such conditions (if any) as the Minister may attach to the licence, exempted wild mammals (other than hares).
(2) In determining an application for a licence under subsection (1) or subsection (5)(b) of this section or a renewal under subsection (6) of this section, the Minister shall have regard to the conservation requirements of the species of protected wild birds or exempted wild mammals concerned.
(3) (a) Notwithstanding subsection (2) of this section, and subject to this subsection, the Minister, before granting a licence under subsection (1) or subsection (5)(b) or renewing a licence under subsection (6), shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the licence or renew it.
(b) The Minister may, for the purpose of establishing that there is no good reason to refuse to grant or renew a licence under this section to a person ordinarily resident outside the State, treat any of the following as prima facie evidence of suitability to so grant or renew:
(i) in the case of a person resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which paragraphs (4) and (5) of Regulation 7 of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 (S.I. No. 362 of 1993), relate, or
(ii) in any other case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the Minister considers acceptable.
(c) The Minister may make such enquiries as he or she considers appropriate as to the suitability of any applicant for a licence under this section.
(4) A licence granted or renewed by the Minister under this section shall remain in force for a period beginning on the day on which the licence is granted or renewed and ending on the next following 31st day of July and subject to its terms the licence shall operate to authorise the holder of the licence, for so long as the licence is in force, to hunt and kill with firearms any fauna to which the licence relates pursuant to and in accordance with such orders (if any) made under section 24 or 25 of this Act as are for the time being in force.
(5) (a) Where a person applies to a Superintendent of the Garda Síochána for the grant of a firearm certificate under section 3 of the Firearms Act, 1925, or for the grant of a firearm certificate under section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or for the renewal under section 9 of the Firearms Act, 1964, of a firearm certificate granted under the said section 3 and makes a declaration referred to in subsection (1) of this section, the certificate shall, if it is endorsed in the manner described in subsection (8) of this section, for the purposes of sections 22(4) and 23(5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75(1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates—
(i) to hunt and kill pursuant to any order under section 24 of this Act which for the time being is in force any protected wild bird,
(ii) to hunt and kill pursuant to and in accordance with any order under section 25 of this Act which is so in force, any hare.
(b) Notwithstanding the provisions of paragraph (a) of this subsection, the Minister may, on application to him or her in that behalf, subject to section 75(1) of this Act, during the period referred to in subsection (2)(a)(i) of section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or that period as varied under that section, if the Minister thinks fit, grant to a person ordinarily resident outside the State, who when making the application makes a declaration referred to in subsection (1) of this section, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, and such conditions (if any) as the Minister may attach to the licence, protected wild birds or hares to which an order under section 24 or section 25 of this Act for the time being applies.
(c) Paragraph (b) of this subsection shall expire at the end of the period referred to in subsection (2)(a)(i) of section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or that period as varied under that section.
(6) A licence granted by the Minister under this section (other than a licence deemed pursuant to subsection (5)(a) of this section to have been so granted) may, if the Minister thinks fit, be renewed by the Minister on the application of the holder of the licence who when making the application makes a declaration referred to in subsection (1) of this section.
(7) A person aggrieved by a refusal by the Minister to grant a licence under subsection (1) or subsection (5)(b) of this section or to renew a licence under subsection (6) of this section may appeal to a Judge of the District Court against the refusal, and in determining the appeal the Judge may—
(a) confirm the refusal, or
(b) allow the appeal, inform the Minister of his or her decision and direct the Minister as soon as may be to grant to the applicant or renew, as may be appropriate, a licence under this section.
(8) Where a firearm certificate is granted to a person described in subsection (5)(a) of this section, there shall be endorsed on the certificate the following:
`This certificate, for so long as it is in force, authorises the person to whom it is granted, with the firearm to which it relates—
(a) to hunt and kill pursuant to any order under section 24 of the Wildlife Act, 1976, which is for the time being in force any protected wild bird within the meaning of that Act,
(b) to hunt and kill pursuant to and in accordance with any order under section 25 of the said Act which is so in force, any hare.’.
(9) Where any convention, protocol or other agreement between the State and any other country or territory provides for the reciprocal recognition of licences granted or deemed to have been granted under this section and other licences, permits, permissions or authorisations granted or issued in that country or territory, the Minister may by regulations declare and provide that any such other licence, permit, permission or authorisation which is for the time being in force shall be deemed to be, and shall have the same legal effect as a licence under this section.
(10) (a) The holder of a licence granted or renewed under this section or a firearm certificate endorsed in the manner described in subsection (8) of this section shall, if the Minister so requires either by a notice in writing sent to the holder or by a notice published for the purposes of this subsection in at least one daily newspaper published in the State, give to the Minister the following information, namely, a statement of the number and species of protected wild birds and the number and species of protected wild animals shot and taken by the holder during such period as the Minister specifies in the notice and either, as may be so specified, in any place in the State or in any place in a part of the State which is so specified.
(b) The Minister may by regulations require the holder of a licence granted or renewed under this section or of a firearm certificate endorsed in the manner described in subsection (8) of this section to tag or otherwise mark, in a manner and at a time specified, any animal or bird captured or killed under such a licence or certificate.
(11) A person who fails to comply with a requirement of the Minister under subsection (10) of this section shall be guilty of an offence.
(12) Nothing in this section shall be construed as affecting anything contained in the Firearms Acts, 1925 to 2000.”.
Annotations:
Editorial Notes:
E5
Previous affecting provision: European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993) was revoked (27.04.2022) by European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022), reg. 40(a).
Regulations.
5.—(1) The Minister may by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed.
(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
Laying of orders and regulations before Houses of Oireachtas.
6.—Every order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Repeals and transitional provision.
7.—(1) The following are hereby repealed:
(a) section 3(2) of the Principal Act, and
(b) section 10 of the Firearms Act, 1964.
(2) Notwithstanding the repeal of section 3(2) of the Principal Act, a firearm certificate granted under that section shall continue in force as if granted under this Act until the day on which it is expressed to expire.
Short title, collective citation, construction and commencement.
8.—(1) This Act may be cited as the Firearms (Firearms Certificates for Non-Residents) Act, 2000.
(2) The Firearms Acts, 1925 to 1998 (other than the Firearms (Proofing) Act, 1968) and this Act (other than section 4) may be cited together as the Firearms Acts, 1925 to 2000, and shall be construed together as one.
(3) This Act shall come into operation on the 14th day of July, 2000.
S.I. No. 239 of 1976.
FIREARMS REGULATIONS, 1976.
I, PATRICK COONEY, Minister for Justice, in exercise of the powers conferred on me by section 27 (1) of the Firearms Act, 1925 (No. 17 of 1925), hereby make the following regulations:
1. These Regulations may be cited as the Firearms Regulations, 1976.
2. These Regulations shall come into operation on the 1st day of November, 1976.
3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.
4. (1) A person ordinarily resident in the State who desires to obtain a firearm certificate shall complete a form of application for the certificate.
(2) The form of application for a fire arm certificate pursuant to paragraph (1) of this Regulation shall be in accordance with Form I in the Schedule to these Regulations or with such modification of that Form as may be suitable.
5. A firearm certificate issued by a Superintendent of the Garda Síochána shall be in accordance with Form II in the Schedule to these Regulations or with such modification of that Form as may be suitable.
6. A firearm certificate issued by the Minister for Justice shall be in accordance with Form III in the Schedule to these Regulations or with such modification of that Form as may be suitable.
7. A person to whom a firearm certificate is issued under Regulation 5 or 6 of these Regulations shall sign his name to the certificate immediately upon its receipt by him.
8. An application for the renewal of a firearm certificate issued under Regulation 5 of these Regulations shall be in accordance with Form IV in the Schedule to these Regulations or with such modification of that Form as may be suitable.
9. A notification pursuant to section 10 (3) (b) of the Firearms Act, 1925 (No. 17 of 1925) of the sale or purchase of a firearm shall be in accordance with Form V in the Schedule to these Regulations.
10. In any case where a firearm in respect of which a firearm certificate is sought has no maker’s number or other distinguishing mark impressed thereon, the applicant for the firearm certificate shall cause such number as may be prescribed by the Minister for Justice or a Superintendent of the Garda Síochána, as the case may be, to be impressed on such part of the firearm as the Minister or the Superintendent may direct.
11. A permit to bring a firearm ashore for repairs shall be in accordance with Form VI in the Schedule to these Regulations.
12. A person desiring to be registered as a firearms dealer shall lodge with the Sergeant of the Garda Síochána for the district in which the applicant resides a form of application which shall be in accordance with Form VII in the Schedule to these Regulations or with such modification of that Form as may be suitable.
13. An application for renewal of registration as a firearms dealer shall be in accordance with Form VIII in the Schedule to these Regulations or with such modification of that Form as may be suitable.
14. (1) The registers to be kept by the registered firearms dealer of all purchases, hiring, sales, repairs and other transactions of or in relation to firearms or ammunition made by him shall be in accordance with Forms IX (a) and IX (b) in the Schedule to these Regulations or with such modification of those Forms as may be suitable.
(2) The registers of all purchases and sales of or in relation to ammunition to be kept by a registered firearms dealer, whose registration is subject to the condition that he confines his dealings to the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding .22 inches shall be in accordance with Form X in the Schedule to these Regulations.
15. A person desiring to obtain an occasional licence to import firearms or ammunition shall apply in writing for such licence to the Secretary, Department of Justice. Any such application shall specify the name and address of the applicant, the class of firearm or ammunition desired to be imported, the port of importation, and particulars of any firearm certificate held by the applicant.
16. A person desiring to obtain a continuing licence to import firearms or ammunition shall apply in writing for such licence to the Secretary, Department of Justice, setting out the name, address and place of business of the applicant, the nature of the firearms or ammunition desired to be imported on such licence, the port or ports of importation, and any special grounds on which the applicant relies, which, from the point of public convenience, would warrant the issue of a continuing licence.
17. A registered firearms dealer carrying on the business of importing firearms or ammunition into the State for sale or distribution to other registered firearms dealers shall on the first Monday in each month make a return to the Secretary of the Department of Justice of all firearms and ammunition so sold and distributed by him to other registered firearms dealers during the previous month.
18. A search order to be issued by a Superintendent of the Garda Síochána shall be in accordance with Form XI in the Schedule to these Regulations or with such modification of that Form as may be suitable. Such search orders shall be made out in duplicate, and the person or persons whose premises are searched under a search order shall be entitled on demand to receive a copy thereof.
19. The Firearms Regulations, 1925, are hereby revoked.
SCHEDULE
FORM I.
/images/si239y76p0005.gif
…………………………………………………… …………………………………………………… ………………..
FOR USE BY GARDA SÍOCHÁNA ONLY.
Station………………………………………………….
Date…………………………………………………… ..
Superintendent …………………………………………………… ……………………….
In submitting the application overleaf I wish to say that :
1. The applicant is a …………………………………………………… ……………… by occupation.
2. The particulars contained in this application are correct.
3. The applicant:
(a) has good reason for requiring the firearm to which this application relates.
(b) is a person who can, without danger to the public safety or to the peace be permitted to have the firearm described in his/her possession, and
(c) is not a person declared by the Firearms Acts, 1925 to 1971, to be disen itled to hold a firearm certificate.
4. The fee of . . . . . . . . . . . . . . . . . . in respect of this application is covered by Postal/Money Order No. . . . . . . . .value . . . . . . . . . . . . . . . . . . dated . . . . . . . . . . . . submitted to you on this date.
5. The applicant previously held a firearm certificate in respect of the same gun.
6. The applicant has not previously held a certificate for this gun.
7. District Serial number/s ………………………….. refer to an/other gun/s held by the applicant.
Signed …………………………………………………… ……….
Sergeant No. ………………………………………………
Note: Strike out any section not applicable and where necessary make a separate report.
____________________________________________________________________________
Indicators 2 and 3 overleaf should be completed as follows :
(a) Indicator (2)
—
insert ‘1’ if application is for a firearm which was not previously licensed.
—
insert ‘2’ if application is for a firearm which was previously licensed.
—
insert ‘3’ if application is for a firearm which is owned and licensed by another person
(i.e. two licensees, one firearm).
(b) Indicator (3) -insert ‘1’ if the certificate applied for is to issue to the Garda Station (and not direct to the applicant), otherwise leave blank.
FORM II.
CERTIFICATE NO.
FIREARMS ACTS, 1925 TO 1971
(1)
is hereby authorised to have in his possession, use and carry the firearm described hereunder subject to the conditions listed at (2) below and to purchase ammunition therefor, provided that he shall not have in his possession or carry at any one time more than rounds of ammunition.
CALIBRE
MAKER’S NAME
IDENTIFYING NUMBER
THIS CERTIFICATE IS VALID UNTIL THE 31stJULY, 19
DATE
…………………………………………………… ………
Superintendent, Garda Síochána
(2)
CONDITIONS
Signature of Holder: …………………………………………………… ………………………………………
FORM III.
FIREARMS ACTS, 1925 to 1971.
FIREARM CERTIFICATE.
…………………………………………………… …………………………………………………… …………………………………………………… …….
…………………………………………………… …………………………………………………… …………………………………………………… …….
is hereby authorised to have in his possession, use and carry the firearm described hereunder and to purchase cartridges (or rounds of ammunition) therefor, provided that he shall not have in his possession or carry at any one time more than …………………………… cartridges or rounds of ammunition.
(When a certificate for a shotgun is granted to a person who already holds a firearm certificate for another shotgun, add: “The holder of this certificate holds a firearm certificate (No. ) in respect of another shotgun”.)
CLASS OF FIREARM
MAKER’S NAME
IDENTIFYING NUMBER
This certificate is valid until the day of , 19
Date………………………………
Signed…………………………………………………… ……………………………………………….
Minister for Justice
Signature of holder …………………………………………………… …………………………………………………… …………………
FORM IV.
FIREARMS ACTS, 1925 to 1971.
APPLICATION FOR RENEWAL OF FIREARM CERTIFICATE.
You are hereby notified that Certificate No: ……………… issued to you under the Firearms Acts, 1925 to 1971 in respect of the weapon described below, expires on 31st July next.
To apply for renewal of this Certificate, please complete the lower half of this form and hand it in at your local Garda Station with the fee of £…………………
NOTE: If any of the details below are incorrect or no longer relevant, please bring to the attention of the member in charge.
I hereby make application for renewal of Firearm Certificate in respect of the firearm described hereunder
WEAPON INFORMATION
GUN TYPE
CALIBRE
MAKER’S NAME
SERIAL NO.
………………………………………
…………………………………………………… …………………………………………………… ……………..
Date
Signature of Applicant
FORM V.
FIREARMS ACTS, 1925 to 1971.
DEALERS TRANSACTION FORM.
TO NOTIFY GARDA DISTRICT OFFICER OF SALE OR PURCHASE OF A LICENSED FIREARM.
/images/si239y76p0010.gif
Dealer’s Name: …………………………………………………… …….
Address: …………………………………………………… ……………..
…………………………………………………… ……….
Note: Maker’s name, serial no., certficate no. and action (P for purchase, S for Sale) to be entered by dealer.
FORM VI.
No. ………………….
FIREARMS ACTS, 1925 to 1971.
PERMIT TO BRING FIREARM ASHORE.
I hereby authorise and permit
of the
…………………………………………………… …………………………………………………… ……………
to bring a
(insert Name of Ship)
…………………………………………………… …………………………………………………… ………………………………………………….
(describe firearm setting out maker’s name and any maker’s number or other
…………………………………………………… …………………………………………………… …………………………..
ashore
…………………………………………………… …………………………………………………… ……………………………………………….
distinguishing mark) for the purpose of repair, and to have such firearm repaired at
…………………………………………………… …………………………………………………… …………………………………………………
(set out name and address of registered firearms dealer).
This permit shall remain in force for
…………………………………………………… ……………………………………………
and no longer from this date.
……………………………………………..
Superintendent, Garda Síochána
Date …………………
FORM VII.
FIREARMS ACTS, 1925 to 1971.
APPLICATION FOR REGISTRATION IN THE REGISTER OF FIREARMS DEALERS.
1.
Name:
…………………………………………………… …………………………………………………… ………………………………
2.
Address:
…………………………………………………… …………………………………………………… ………………………..
…………………………………………………… …………………………………………………… ………………………..
3.
Situation of premises in which business of firearms dealer will be carried on :
…………………………………………………… …………………………………………………… ……………………………………………..
4.
What business, if any, is already carried on in the premises?
…………………………………………………… …………………………………………………… …………………………………………….
5.
Do you wish to deal in firearms and ammunition or do you intend to confine your dealings to the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding ·22 inches?
…………………………………………………… …………………………………………………… …………………………………………….
…………………………………………………… …………………………………………………… ……………………………………………
To the Minister for Justice,
I intend to carry on the business of firearms dealer in the premises mentioned at 3 above and I hereby apply to you for registration in the register of firearms dealers.
Signature:
…………………………………………..
Date:
…………………………………………..
(This form when completed must be lodged with the Sergeant of the Garda Síochána for the Sub-District in which the applicant resides.)
FORM VIII.
FIREARMS ACTS, 1925 to 1971.
APPLICATION FOR RENEWAL OF REGISTRATION IN THE REGISTER OF FIREARMS DEALERS.
1.
Name:
…………………………………………………… …………………………………………………… ……………………………….
2.
Address:
…………………………………………………… …………………………………………………… ………………………….
…………………………………………………… …………………………………………………… …………………………..
3.
Situation of premises in which business of firearms dealer will be carried on:
…………………………………………………… …………………………………………………… ………………………………………………
…………………………………………………… …………………………………………………… ……………………………………………….
To the Minister for Justice,
I intend to carry on the business of firearms dealer in the premises mentioned at 3 above and I hereby apply to you for renewal of registration in the register of firearms dealers.
Signature:
…………………………………………….
Date:
…………………………………………….
FORM IX (a).
FIREARMS ACTS, 1925 to 1971.
REGISTER TO BE KEPT BY REGISTERED FIREARMS DEALER OF SALES AND HIRINGS
Date of Transaction
Description and number of Firearms sold or hired specifying maker’s name and number. If only hired, state so.
Description and quantity of ammunition sold.
Name and Address of person to whom sold or hired.
If sale or hiring to person other than Registered Firearms Dealer No. of Firearm Certificate held by the person to whom sold or hired.
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
…………………………..
FORM IX (b).
FIREARMS ACTS, 1925 to 1971.
REGISTER TO BE KEPT BY REGISTERED FIREARMS DEALER OF PURCHASES AND REPAIRS.
Date of Transaction.
Description and number of Firearms purchased or received for repairs specifying maker’s name and number
If only received for repair, state so.
Description and quantity of ammunition purchased.
From whom purchased or received for repair
In the case of a firearm purchased or received for repair from a person other than a Registered Firearms Dealer or Manufacturer, state No. of Firearm Certificate or Permit held by such person
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
FORM X.
FIREARMS ACTS, 1925 to 1971.
Register to be kept by Registered Firearms Dealer whose registration is subject to the condition that he confines his dealings to the sale and purchase of ammunition for shotguns, for unrifled airguns and for rifled firearms of a calibre not exceeding ·22 inches.
Date of Transaction
Description and quantity of ammunition purchased
From whom purchased
Date of Transaction
Description and quantity of ammunition sold
Name and address of person to whom sold
If sale to person other than registered dealer number of firearm certificate held by purchaser
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Columns (1), (2) and (3) to be on the left-hand pages of the Register and columns (4), (5), (6) and (7) on the right-hand.
FORM XI.
FIREARMS ACTS, 1925 to 1971.
SEARCH ORDER
I, of
Superintendent of the Garda Síochána being of opinion that an offence under the Firearms Acts, 1925 to 1971 has been (or is being or is about to be committed) at (specify place or premises) do hereby authorise (set out names and ranks of members of Garda Síochána who are to execute order) to enter the place (or premises) of
at and if need be by force, and to search and inspect the said place (or premises), and to take the names and addresses of any persons found therein (if the premises are premises of a firearms dealer, add: “and to seize any books and papers relating to the business of firearms dealer carried on by the said ).
And I do further authorise the said members of the Garda Síochána or any of them to arrest without warrant any person found in the above-mentioned place (or premises) whom such members or member of the Garda Síochána may have reason to believe to be guilty of an offence under the Firearms Acts, 1925 to 1971.
Dated this day of 19 , at o’clock m.
Signed, …………………………………………………… ………………………
Superintendent, Garda Síochána
GIVEN under my Official Seal, this 12th day of October, 1976.
PATRICK COONEY,
Minister for Justice.
EXPLANATORY NOTE.
These Regulations, which come into operation on 1st November, 1976, replace the Firearms Regulations, 1925. They prescribe the forms to be used in connection with the grant of firearm certificates, the registration of firearms dealers and the form of the registers of transactions to be kept by such dealers. They also prescribe the forms to be used in connection with the importation or bringing ashore of firearms, the notification of the sale or purchase of a firearm, and the issue of a search order by a Superintendent of the Garda Síochána.
.I. No. 451/2006 –
Firearms Act 1925 (Surrender of Firearms and Offensive Weapons) Order 2006
Statutory Instruments
S.I. No. 451 of 2006
Firearms Act 1925 (Surrender of Firearms and Offensive Weapons) Order 2006
I, MICHAEL MCDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 25A (inserted by section 46 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), hereby order as follows:
1. This Order may be cited as the Firearms Act 1925 (Surrender of Firearms and Offensive Weapons) Order 2006.
2. The period commencing on 1 September 2006 and ending on 31 October 2006 is appointed as a specified period for the purposes of section 25A (inserted by section 46 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925).
GIVEN under my Official Seal,
L.S.
17TH Day of August, 2006.
MICHAEL MCDOWELL
Minister for Justice, Equality and Law Reform
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order provides, in accordance with section 46 of the Criminal Justice Act 2006 for an amnesty period during which firearms, flick-knives and weapons of offence may be surrendered to the Garda Síochana. While persons surrendering such weapons will not be charged with offences relating to their simple possession surrendered weapons will be forensically tested and where found to have been used in a crime the weapon and the forensic evidence will be admissible in any proceedings subsequently brought. A “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him or her for such use, and includes any knife.
.I. No. 21/2008 –
Firearms (Restricted Firearms and Ammunition) Order 2008
S.I. No. 21 of 2008
FIREARMS (RESTRICTED FIREARMS AND AMMUNITION) ORDER 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th February, 2008.
I, BRIAN LENIHAN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 2B (inserted by section 29 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), hereby make the following order:
1. This Order may be cited as the Firearms (Restricted Firearms and Ammunition) Order 2008.
2. This Order comes into operation on 1 May 2008.
3. (1) In this Order—
“Act” means the Firearms Act 1925 (No. 17 of 1925);
“accelerator or sabot ammunition” means ammunition containing a projectile enclosed in a sleeve that is discarded after discharge;
“assault rifles” means—
(a) rifles capable of functioning as semi-automatic firearms and as automatic firearms,
(b) firearms that resemble such rifles;
“bullpup rifles” means rifles with a magazine located behind the trigger;
“centre-fire firearms” means firearms using centre-fire percussion ammunition;
“centre-fire percussion ammunition” means ammunition containing a percussion cap;
“long firearms” means firearms other than short firearms;
“repeating firearms” means firearms that are loaded and reloaded from a magazine or cylinder by a manually-operated mechanism;
“rim-fire firearms” means firearms using rim-fire percussion ammunition;
“rim-fire percussion ammunition” means ammunition with a cartridge case not containing a percussion cap;
“semi-automatic firearms” means firearms that reload automatically from a magazine or cylinder each time a round is discharged but can fire not more than one round with a single pull on the trigger;
“short firearms” means firearms either with a barrel not longer than 30 centimetres or whose overall length (including the length of any detachable component) does not exceed 60 centimetres;
“silencers”, in relation to firearms, means any devices fitted or capable of being fitted to the firearms for the purpose of moderating or reducing the sound made on their discharge;
“single-shot firearms” means firearms that are loaded before each shot either manually or by a manually-operated mechanism;
“slug ammunition” means ammunition containing a single projectile.
4. (1) Firearms other than those to which subparagraph (2) relates are declared to be restricted firearms for the purposes of the Act:
(2) This subparagraph relates to the following firearms:
(a) single-shot or repeating short firearms capable of discharging only blank ammunition;
(b) shotguns manufactured, adapted or modified so as to render them incapable of containing more than 3 cartridges, but not to shotguns—
(i) with a detached, folding or telescopic stock, or
(ii) with a pistol grip, or
(iii) whose barrel is less than 60.9 centimetres (24 inches) in length;
(c) the following long firearms (not being assault rifles or bullpup rifles):
(i) single-shot or repeating rifled centre-fire firearms of a calibre not exceeding 7.62 millimetres (.308 inch) and whose overall length is greater than 90 centimetres,
(ii) single-shot, repeating or semi-automatic rim-fire firearms designed to fire rim-fire percussion ammunition and with a magazine having a capacity of not more than 10 rounds,
(iii) air-operated rifled or smoothbore firearms;
(d) silencers capable of being used only with long rifled rim-fire firearms;
(e) the following short firearms designed for use in connection with competitions governed by International Olympic Committee regulations:
(i) air-operated firearms of 4.5 millimetres (.177 inch) calibre,
(ii) firearms using .22 inch rim-fire percussion ammunition.
5. The following ammunition is declared to be restricted ammunition for the purposes of the Act:
(a) ammunition with penetrating, explosive or incendiary projectiles and projectiles for such ammunition;
(b) slug ammunition for shotguns;
(c) accelerator or sabot ammunition;
(d) grenades, bombs and other similar missiles, whether capable or not capable of being used with a firearm, including explosive military missiles and launchers;
(e) ammunition for short firearms, except ammunition for any of those mentioned in subparagraph (2)(a) or (2)(e) of paragraph 4;
(f) any other ammunition designed or manufactured for use exclusively in a restricted firearm;
(g) ammunition for a prohibited weapon.
/images/ls
GIVEN under my Official Seal,
12 February 2008
BRIAN LENIHAN.
Minister for Justice, Equality and Law Reform.
S.I. No. 295/2009 –
Firearms Acts 1925 To 2009 (Firearm Certificate) Regulations 2009
FIREARMS ACTS 1925 TO 2009 (FIREARM CERTIFICATE) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 31st July, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3(3) (as inserted by section 28 of the Criminal Justice (Miscellaneous Provision) Act 2009 (No. 28 of 2009)) and section 27 (as inserted by section 50 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), hereby make the following regulations:
1. (1) These regulations may be cited as the Firearms Acts 1925 to 2009 (Firearm Certificate) Regulations 2009.
(2) These regulations come into operation on 27 July 2009.
2. In these Regulations—
“Act of 1925” means the Firearms Act 1925 (No. 17 of 1925);
“Act of 2009” means the Criminal Justice (Miscellaneous Provisions) Act 2009 (No. 28 of 2009);
“first group” has the meaning assigned to it by Regulation 4;
“group” means a group of relevant firearms certificates established under paragraph (a) of section 3(3) of the Act of 1925;
“section 3(3) of the Act of 1925” means section 3(3) (as inserted by section 28 of the Act of 2009) of the Act of 1925.
3. The number of groups, including the first group, which the Commissioner shall establish for the purposes of paragraph (a) of section 3(3) of the Act of 1925 is 9.
4. The first group established shall be known as “the first group” and each subsequent group shall be numbered in accordance with the order in which it is established.
5. The Commissioner shall assign relevant firearm certificates to each group (other than the first group) in a manner that—
(a) is random, and
(b) ensures, insofar as is practicable, that an equal number of certificates is assigned to each such group.
6. The firearm certificates assigned, in accordance with paragraph (c) of section 3(3) of the Act of 1925, to the first group shall continue in force until 31 October 2009.
7. The firearm certificates assigned, in accordance with paragraph (b) of section 3(3) of the Act of 1925, to the groups other than the first group shall continue in force in accordance with Regulation 8.
8. The firearm certificates assigned to a group mentioned in column (2) of the Schedule at any reference number shall continue in force until the date mentioned in column (3) of the Schedule opposite that reference number.
SCHEDULE
Ref. No.(1)
Group(2)
Date of expiry(3)
1
2nd
30 November 2009
2
3rd
31 December 2009
3
4th
31 January 2010
4
5th
28 February 2010
5
6th
31 March 2010
6
7th
30 April 2010
7
8th
31 May 2010
8
9th
30 June 2010
/images/ls
GIVEN under my Official Seal,
27 July 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
S.I. No. 307/2009 –
Firearms (Secure Accommodation) Regulations 2009
S.I. No. 307 of 2009
FIREARMS (SECURE ACCOMMODATION) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th August, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by subsection (5) of section 4 (inserted by section 32 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), and after consultation with the Commissioner of the Garda Síochána, hereby make the following regulations:
1. These Regulations may be cited as the Firearms (Secure Accommodation) Regulations 2009.
2. These Regulations come into operation on 1 August 2009.
3. In these Regulations—
“British Standard” means a specification published by the British Standards Institution;
“BS 3621” means British Standard 3621, entitled “Thief resistant lock assembly. Key egress”;
“BS 7558” means British Standard 7558, entitled “Specification for gun cabinets”;
“I.S. EN 50131” means Irish Standard EN 50131 of the National Standards Authority of Ireland;
“non-restricted”, in relation to a firearm, means a firearm that is not a restricted firearm;
4. The holders of firearm certificates in respect of firearms of the types and numbers mentioned in column (2) of the Schedule at any reference number shall comply with the minimum standards in relation to the provision of secure accommodation for those firearms specified in column (3) opposite that reference number.
SCHEDULE
(1)
(2)Type and number of firearms
(3)Secure accommodation standard
1
One non-restricted shot-gun.
The shot-gun shall be disassembled and each part shall be stored securely and separately when not in use.The trigger housing shall be secured against use with an appropriate trigger lock.
2
One restricted firearm or three or fewer non-restricted firearms.
Each firearm shall be stored securely in a gun safe which complies with BS 7558 and which shall be securely fixed to a solid structure.
3
Two restricted firearms, or more than three non-restricted firearms.
Each firearm shall be stored in a gun safe which complies with BS 7558 and which shall be securely fixed to a solid structure.The place in which the firearms are stored shall have an alarm fitted and the external doors to the place shall be fitted with locks which comply with BS 3621.
4
Three or more restricted firearms or six or more firearms, of any type, kept in the same place.
In addition to the standards specified at reference number 3, the place in which the firearms are stored shall have an intruder alarm system, installed and maintained by installers licensed by the Private Security Authority, which complies with I.S. EN 50131 or an equivalent standard approved by the Commissioner of the Garda Síochána.The alarm shall be connected to a monitoring service, operated by a person licensed by the Private Security Authority, and supported with GSM Mobile telephone service back up signalling facilities.
/images/ls
GIVEN under my Official Seal,
31 July 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
S.I. No. 308/2009 –
Firearms (Authorisation of Rifle Or Pistol Clubs) Regulations 2009
FIREARMS (AUTHORISATION OF RIFLE OR PISTOL CLUBS) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th August, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 4A (inserted by section 33 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), and after consultation with the Commissioner of the Garda Síochána, hereby make the following regulations:
1. (1) These Regulations may be cited as the Firearms (Authorisation of Rifle or Pistol Clubs) Regulations 2009.
(2) These Regulations shall come into operation on 1 August 2009.
2. In these Regulations—
“Act of 1925” means the Firearms Act 1925 (No. 17 of 1925);
“Act of 2006” means the Criminal Justice Act 2006 (No. 26 of 2006);
“authorisation” means an authorisation under section 4A (as inserted by section 33 of the Act of 2006) of the Act of 1925;
“club” means a rifle or pistol club;
“conditions”, in relation to an authorisation, means any conditions attached to an authorisation under subsection (8) of section 4A (inserted by section 33 of the Act of 2006) of the Act of 1925;
“nominated representative” means an individual appointed by a club in accordance with Regulation 5.
3. The minimum standards to be complied with by a club before an authorisation may be granted in respect of it are specified in Regulations 4 and 5.
4. (1) The members of the club shall be of good character.
(2) No fewer than 5 members of the club shall each hold a firearm certificate which is in force.
(3) The club shall have a written constitution, which shall include provisions requiring—
(a) that each member be of good character,
(b) that each member pay an annual membership fee,
(c) that—
(i) members, and
(ii) persons who are not members but who attend events organised by the club,
shall conduct themselves in accordance with the constitution,
(d) that persons referred to in subparagraph (c) who attend events organised by the club at a shooting range shall abide by the rules, if any, of that shooting range,
(e) that when a member is notified of the revocation of his or her firearm certificate he or she shall immediately notify in writing the nominated representative of that fact,
(f) that a person who applies for the first time for membership of the club shall make that application in writing to the nominated representative and shall give the names of a proposer and seconder, both of whom shall be members of the club.
(4) A club shall not run any day or temporary membership schemes.
5. (1) The club shall appoint a nominated representative who shall be a member of the club and who shall perform the functions specified in these regulations.
(2) It shall be the duty of the nominated representative to ensure that the club—
(a) complies with these Regulations,
(b) complies with any conditions attached to an authorisation granted in respect of the club,
(c) does not permit its members, while on club premises or attending an event organised by the club, to use a firearm for any purpose other than that of promoting skill in the use of rifles and pistols for target shooting.
(3) The nominated representative shall liaise with the Garda Síochána in relation to the compliance by the club with these Regulations and with any conditions attached to an authorisation granted in respect of the club, and shall meet with a member of the Garda Síochána of the rank of superintendent or his or her representative, whenever requested by the Garda Síochána to do so.
(4) A club shall maintain a register which shall include—
(a) the name, address, date of birth and membership card number of each member,
(b) the details of every firearm certificate held by each member,
(c) the name, address, date of birth and firearm certificate number of each person using a firearm at an event organised by the club,
(d) an attendance record in relation to each member,
(e) the name of each member who holds a firearm certificate and who has not participated in any of the shooting functions organised by the club in the preceding 6 months.
(5) All records maintained by a club pursuant to these regulations shall be—
(a) retained by the club for a period of at least 6 years, and
(b) made available for inspection by a member of the Garda Síochána upon request by that member.
(6) The authorisation granted in respect of a club shall be displayed in a prominent place at the premises of the club and shall be made available for inspection by a member of the Garda Síochána upon request by that member.
/images/ls
GIVEN under my Official Seal,
31 July 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
S.I. No. 311/2009 –
Firearms Act 1925 (Prescribed Firearm Certificates) Regulations 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th August, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3B (as inserted by section 30 of the Criminal Justice (Miscellaneous Provisions) Act 2009 (No. 28 of 2009)) and section 27 (as inserted by section 50 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), hereby make the following regulations:
1. (1) These regulations may be cited as the Firearms Act 1925 (Prescribed Firearm Certificates) Regulations 2009.
(2) These regulations come into operation on 1 August 2009.
2. In these Regulations—
“Act of 1925” means the Firearms Act 1925 (No. 17 of 1925);
“Act of 2000” means the Firearms (Firearm Certificates for Non-Residents) Act 2000 (No. 20 of 2000);
“prescribed fee” means a fee prescribed under Regulation 5;
“prescribed firearm certificate” means a firearm certificate prescribed under Regulation 3.
3. The following firearm certificates are prescribed for the purposes of section 3B of the Act of 1925:
(a) a firearms training certificate;
(b) a restricted firearm certificate;
(c) any other firearm certificate granted under the Act of 1925, other than a firearm certificate granted under the Act of 2000.
4. Where a prescribed firearm certificate is to be issued, granted or renewed, as the case may be, a notice in relation to the payment of the prescribed fee, in the form set out in Schedule 1, shall be sent to the applicant concerned.
5. There shall be charged in respect of the issue, grant or renewal of each prescribed firearms certificate set out in column (1) of Schedule 2 the fee set out in column (2) opposite mention of that firearm certificate.
6. A prescribed fee shall be paid to An Post.
7. The payment of a prescribed fee shall be made within the date specified in the notice referred to in Regulation 4, and may be made—
(a) in any post office,
(b) by post, or
(c) by telephone or internet, in accordance with procedures established by An Post.
SCHEDULE 1 FIREARM CERTIFICATE GRANT NOTICE LETTER
/images/en.si.2009.0311.0001.jpg
An Garda SíochánaGarda StationCo.
Certificate No.:
Date: / /
Dear ,
RE: Application for a Firearm Certificate
With reference to the above, I wish to inform you that your application for a Firearm Certificate for a by of bearing the Serial No. has been successful and will be granted subject to the following conditions:
Conditions to be inserted here
Additional Conditions to be inserted here
On payment of a € fee by / / (payment due date), your Firearm Certificate with an expiry date of // will be issued and forwarded directly to you. See overleaf for payment methods.
Please ensure that all the details recorded above are correct.
If you have any queries, please contact the undernamed at the above address quoting the above Certificate No.
(Name of Granting Supt./Chief.)
Bar Code to be inserted here
/images/en.si.2009.0311.0002.jpg
Receipt
Payment for Firearm Certificate
Received payment of€
Payment Servcie Providers Stamp
MANNER OF PAYMENT
IN PERSON
You can pay by cheque, postal money order, bank draft (made payable to An Post), cash or laser card at any Post Office displaying this logo.
An Post Logo to be inserted here
BY POST
You should allow a minimum of 5 working days for payment by post to be received in time. You can pay by cheque (only one cheque for full amount per payment is accepted), postal money order, bank draft (made payable to An Post), credit card or laser card (by filling out details below on the Card Payment Section) and posting it to
(CASH SHOULD NOT BE SENT BY POST)
/images/en.si.2009.0311.0003.jpg
SCHEDULE 2
(1)
(2) Prescribed Firearm Certificate
(3) Fee (euro)
1
Firearm Certificate (other than a firearms training certificate or a restricted firearm certificate)
80
2
Firearms Training Certificate
40
3
Restricted Firearm Certificate
80
The Minister for Finance consents to the making of the foregoing order.
/images/ls
GIVEN under the Official Seal of the Minister for Finance,
30 July 2009.
BRIAN LENIHAN,
Minister for Finance.
/images/ls
GIVEN under my Official Seal,
1 August 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
S.I. No. 337/2009 –
Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2009
S.I. No. 337 of 2009
FIREARMS (RESTRICTED FIREARMS AND AMMUNITION) (AMENDMENT) ORDER 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th August, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 2B (inserted by section 29 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925), hereby order as follows:
1. This Order may be cited as the Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2009.
2. This Order comes into operation on 26 August 2009.
3. In this Order “Principal Order” means the Firearms (Restricted Firearms and Ammunition) Order 2008 ( S.I. No. 21 of 2008 ).
4. Article 3 (1) of the Principal Order is amended by the substitution of the following definition for the definition of “short firearms”:
“‘short firearms’ means firearms either with a barrel not longer than 30 centimetres or whose overall length (excluding the length of any detachable component) does not exceed 60 centimetres;”.
5. Article 4(2) of the Principal Order is amended—
(a) in subparagraph (d) by the deletion of the word “rim-fire”, and
(b) by the substitution of the following subparagraph for subparagraph (e)—
“(e) the following short firearms designed for use in connection with competitions governed by International Olympic Committee regulations:
(i) air-operated firearms of 4.5 millimetres (.177 inch) calibre;
(ii) single shot firearms using 0.22 inch long rifle rim fire percussion ammunition;
(iii) other firearms using 0.22 inch long rifle rim fire percussion ammunition provided that the maximum magazine capacity of such a firearm does not exceed five rounds and that the barrel length of the firearm is greater than 10 cm.”.
/images/ls
GIVEN under my Official Seal,
25 August 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
S.I. No. 622/2011 –
Firearms (Authorisation of Rifle or Pistol Shooting Ranges) Regulations 2011.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 6th December, 2011.
I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 4A(13) (inserted by section 33 of the Criminal Justice Act 2006 (No. 26 of 2006)) and 27 of the Firearms Act 1925 (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011) ( S.I. No. 138 of 2011 )), and having consulted with the Commissioner of the Garda Síochána, hereby make the following regulations:
Regulation 3(3)
Part 1
General
Citation
1. These Regulations may be cited as the Firearms (Authorisation of Rifle or Pistol Shooting Ranges) Regulations 2011.
Commencement
2. These Regulations shall come into operation on 30 November 2011.
Definitions
3. (1) In these Regulations, save where the context otherwise requires—
“Act” means the Firearms Act 1925 ;
“active shooting area” means the part of a shooting area, forward of its firing point or firing line, over which projectiles fired from that firing point or firing line will travel, and within which those projectiles will be captured or will otherwise come to rest;
“aggregate concrete” means concrete made with an aggregate stone size of 20 millimetres;
“authorisation” means an authorisation under section 4A (inserted by section 33 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Act;
“backstop” means a structure built in a shooting area that is designed to capture fired projectiles and low flight ricocheting projectiles, and which incorporates a bullet catcher;
“baffle” means a structure that is capable of capturing fired projectiles and ricochets within the active shooting area;
“baffled shooting area” means an outdoor shooting area other than an outdoor shooting area to which Regulation 18(1) or 19 applies;
“berm” means a structure built in a shooting area which is designed to prevent lateral shots or ricochets from escaping that shooting area;
“centre line” means the straight line between a target and the firing point from which projectiles are fired at that target;
“competent”, in relation to a person, means a person who, having regard to the task he or she is required to perform, possesses sufficient training, experience and knowledge appropriate to the nature of that task;
“cone of fire angle” means the angle of possible deviation from the longitudinal axis of the barrel at the moment of discharge of a firearm and means—
(a) in relation to a pistol, 10.69 degrees in the vertical dimension and 14.06 degrees in the horizontal dimension, and
(b) in relation to a rifle, 2.25 degrees in the horizontal and vertical dimensions;
“firing distance” means the distance from a firing point to a target;
“firing height” means the distance from the surface on which a shooter is positioned to the barrel of his or her firearm which, for the purpose of these Regulations, is deemed to be—
(a) where the shooter is standing, 150 centimetres,
(b) where the shooter is shooting from a shooting bench, 120 centimetres,
(c) where the shooter is kneeling or sitting, 80 centimetres, and
(d) where the shooter is prone, 30 centimetres;
“firing line” means a straight line along which a series of firing points are aligned;
“firing point” means the point from which a shooter may fire projectiles at a target;
“firing position” means the position assumed by a shooter when shooting a firearm which, for the purpose of these Regulations, shall be one of the following:
(a) standing;
(b) shooting from a shooting bench;
(c) kneeling or sitting;
(d) prone;
“first point of impact” means the first point, calculated in accordance with Regulation 24, at which a projectile fired from a firing point will come in contact with a part of a shooting area;
“forward face”, in relation to an object or structure within a shooting area, means the face of that object or structure that faces the firing point or firing line;
“height of barrel” means the firing height plus the distance from the surface on which a shooter is positioned to the range floor;
“High Muzzle Energy Rifle” means a rifle which produces a muzzle energy in excess of 4,500 Joules;
“indoor shooting area” means a shooting area which is fully enclosed within a building;
“line of sight” means the straight line through the sights of a firearm to the target;
“outdoor gallery rifle shooting area” means an outdoor shooting area designed for rifle shooting which contains, in its backstop, a protective gallery that can accommodate, while firing is taking place in that shooting area, one or more persons acting as target markers, without those persons being exposed to fire or ricochet;
“outdoor shooting area” means a shooting area that is not an indoor shooting area;
“operator”, in relation to a range, means a person appointed by the owner of the range to perform the duties under these Regulations of an operator of a range;
“range” means a rifle or pistol shooting range;
“range controlling officer” means a range controlling officer appointed in accordance with Regulation 8;
“shooting area” means a distinct area of a range—
(a) containing an active shooting area which is constructed so as to prevent the escape from the shooting area of all projectiles fired within it, and
(b) within which a shooter may from a firing point, or a group of shooters may from different firing points along the same firing line, fire projectiles at targets that are aligned along the same target line;
“shooting area officer” means a shooting area officer appointed in accordance with Regulation 8;
“shooter”, in relation to a firearm, means a person who fires that firearm;
“sight”, in relation to a firearm, means a device, or devices, fitted to that firearm to assist with the accurate aiming of the firearm;
“soft surface” means a surface composed of stones or rocks, none of which is greater than 25 millimetres in any dimension;
“target line” means the area in front of the backstop against which the targets are aligned;
“zero”, in relation to a rifle, shall be construed in accordance with Regulation 13.
(2) For the purpose of these Regulations, references to firing, in relation to firing at a range, shall be construed as firing at a target, under normal atmospheric conditions, and do not include random firing.
(3) A reference in column 1 of Schedule 2, or column 1 of Schedule 6, to ammunition of a particular calibre group includes a reference to ammunition of a calibre mentioned in column 2 of Schedule 8, opposite the mention, in column 1 of that Schedule, of that calibre group.
Authorisations
4. (1) An authorisation for the storage of a firearm on the premises of a range or on a specified part of those premises shall be granted only in respect of the storage of a rifle or pistol.
(2) The minimum standards to be complied with before an authorisation for the storage of a rifle, pistol or ammunition on its premises or on a specified part of those premises may be granted in respect of a range are those specified in Regulations 5 to 14 and:
(a) in the case of an authorisation for the storage of a rifle or pistol, the minimum standards specified in Regulation 15;
(b) in the case of an authorisation for the storage of ammunition, the minimum standards specified in Regulation 16.
(3) The minimum standards to be complied with before an authorisation for the use of a rifle, pistol or ammunition on its premises or on a specified part of those premises may be granted in respect of a range are those specified in Regulations 5 to 14, Regulation 17 and:
(a) in the case of an authorisation for the use of a pistol at an outdoor shooting area:
(i) where the shooting area is one to which Regulation 18(1) applies, the minimum standards specified in Regulations 18 and 20 that are applicable to such a shooting area in which a pistol of that type is fired;
(ii) where the shooting area is one to which Regulation 19 applies, the minimum standards specified in Regulations 19 and 20 that are applicable to such a shooting area in which a pistol of that type is fired;
(iii) where the shooting area is a baffled shooting area, the minimum standards specified in Regulation 23 that are applicable to a baffled shooting area in which a pistol of that type is fired;
(b) in the case of an authorisation for the use of a rifle at an outdoor shooting area:
(i) where the shooting area is one to which Regulation 18(1) applies, the minimum standards specified in Regulations 18 and 20 that are applicable to such a shooting area in which a rifle of that type is fired;
(ii) where the shooting area is one to which Regulation 19 applies, the minimum standards specified in Regulations 19 and 20 that are applicable to such a shooting area in which a rifle of that type is fired;
(iii) where the shooting area is a baffled shooting area, the minimum standards specified in Regulation 23 that are applicable to a baffled shooting area in which a rifle of that type is fired;
(c) in the case of an authorisation for the use of a rifle at an outdoor gallery rifle shooting area, the minimum standards specified in Regulation 25 and:
(i) where the outdoor gallery rifle shooting area is one to which Regulation 18(1) applies, the minimum standards specified in Regulations 18 and 20 that are applicable to such a shooting area in which a rifle of that type is fired;
(ii) where the outdoor gallery rifle shooting area is one to which Regulation 19 applies, the minimum standards specified in Regulations 19 and 20 that are applicable to such a shooting area in which a rifle of that type is fired;
(iii) where the outdoor gallery rifle shooting area is a baffled shooting area, the minimum standards specified in Regulation 23 that are applicable to a baffled shooting area in which a rifle of that type is fired;
(d) in the case of an authorisation for the use of a pistol at an indoor shooting area, the minimum standards specified in Regulations 26 and 27 that are applicable to such a shooting area in which a pistol of that type is fired;
(e) in the case of an authorisation for the use of a rifle at an indoor shooting area, the minimum standards specified in Regulations 26 and 27 that are applicable to such a shooting area in which a rifle of that type is fired.
(4) An authorisation for the use of a firearm on the premises of a range or on a specified part of those premises shall not be granted other than in respect of the use of—
(a) a rifle or pistol at a shooting area referred to in subparagraph (a), (b), (d) or (e) of paragraph (3), or
(b) a rifle at an outdoor gallery rifle shooting area.
Part 2
Management of range
Duties of owner or operator- general
5. (1) The owner or operator of a range shall ensure that at all times at the range the following are complied with:
(a) the minimum standards specified in these Regulations that are applicable to the range;
(b) all conditions attached, under section 4A(8) of the Act, to an authorisation granted in respect of the range;
(c) the rules for the management and operation of the range referred to in Regulation 6.
(2) The owner or operator of a range shall ensure that all authorisations and firearms range certificates granted in respect of that range are—
(a) displayed in a prominent place at the range, and
(b) made available for inspection by a member of the Garda Síochána or a firearms range inspector upon request by that member or firearms range inspector.
Rules for management and operation of range
6. (1) The owner or operator of a range shall ensure that rules for the management and operation of the range are in place that promote the safety of the general public, spectators and participants in activities taking place at the range.
(2) The rules referred to in paragraph (1) shall include rules requiring—
(a) all persons at the range to comply with the minimum standards specified in these Regulations that are applicable to them, and
(b) specified procedures to be observed where an Outdoor Gallery Rifle Shooting Area is in use at the range, that ensure the safety of target markers in approaching and leaving the protective gallery concerned.
(3) The rules referred to in paragraph (1) shall be—
(a) set out in a clear manner,
(b) displayed at a prominent place at the range, and
(c) made available for inspection by a member of the Garda Síochána or a firearms range inspector upon request by that member or firearms range inspector.
Maintenance of range
7. (1) The owner or operator of a range shall ensure that all objects and structures used on the range are regularly inspected to ensure that they—
(a) continue to comply with the minimum standards specified in these Regulations that are applicable to those objects and structures, and
(b) do not endanger the safety of the general public, spectators and participants in activities taking place at the range.
(2) Where an object or structure used on a range is found not to comply with subparagraph (a) or (b) of paragraph (1), the owner or operator of the range shall—
(a) immediately inform a firearms range inspector, and
(b) take such action as is necessary to ensure compliance with those subparagraphs.
Appointment of shooting area officers and range controlling officers
8. (1) The owner or operator of a range may appoint—
(a) a person to be a range controlling officer, and
(b) such number of persons as he or she considers necessary to ensure compliance with these Regulations to be shooting area officers.
(2) The owner or operator of a range shall make an appointment under paragraph (1) only where he or she is satisfied that the person concerned is competent to carry out the duties of a range controlling officer or, as the case may be, shooting area officer, under these Regulations.
Maintenance of records
9. (1) The owner or operator of a range shall maintain a record of—
(a) the name of every person using a firearm or ammunition at the range,
(b) the club membership number of a person referred to in subparagraph (a), where that person is a member of a rifle or pistol club,
(c) the number of each firearm certificate, and the details of each authorisation, furnished under Regulation 11(2)(b),
(d) a certification under Regulation 13 that a person has zeroed his or her rifle, together with the zeroing target referred to in Regulation 13(4) relating to that certification,
(e) all inspections carried out under Regulation 7, and of all action taken under paragraph (2) of that Regulation, and
(f) the name of every person appointed as a range controlling officer or a shooting area officer under Regulation 8.
(2) The owner or operator of a range shall—
(a) retain all records created, statements submitted and rules made pursuant to these Regulations, for a period of at least 6 years from the date of their creation, submission or making, as the case may be, and
(b) make available for inspection by a member of the Garda Síochána or a firearms range inspector the documents referred to in subparagraph (a), upon request by that member or firearms range inspector.
Part 3
Activity in a range
General requirements
10. The owner or operator of a range shall ensure that no person—
(a) is present in a shooting area while the person is under the influence of alcohol or drugs or any combination of drugs or of drugs and alcohol,
(b) eats or drinks within a shooting area, or
(c) is present in any part of a shooting area, other than behind the firing line, while firing is taking place in that shooting area.
Competence of persons using firearms or ammunition at a range
11. (1) The owner or operator of a range shall ensure that no person—
(a) uses a firearm or ammunition at the range other than in accordance with this Regulation, or
(b) brings a firearm, other than a rifle or pistol in respect of which that person has been granted a firearm certificate or authorisation which is for the time being in force, into any part of the range.
(2) A person who proposes to use a rifle, pistol or ammunition at a range shall, to the owner or operator of the range, or a competent person nominated by the owner or operator—
(a) submit a statement signed by the person, which confirms that the person is aware of and understands the rules referred to in Regulation 6,
and
(b) subject to paragraph (3), furnish a firearm certificate or authorisation which is for the time being in force granted to that person in respect of the firearm concerned.
(3) Where a person referred to in paragraph (2)—
(a) does not hold a firearm certificate or authorisation which is for the time being in force in respect of the firearm concerned,
(b) does not furnish such a firearm certificate or authorisation, or
(c) has not, within the previous month, used that firearm, or a firearm of that type, on the range concerned,
the person shall, under the supervision of a supervising officer and in a suitable shooting area, demonstrate to the officer his or her competence in the use of the firearm concerned.
(4) A supervising officer, following a demonstration referred to in paragraph (3), shall—
(a) where the officer is satisfied that the person is capable of using the firearm concerned without endangering the person or any other person, permit the person to use the firearm on the range without the instruction and supervision referred to in paragraph (b), or
(b) where the officer is not satisfied that the person is so-capable, permit the person to use the firearm in the range only—
(i) after he or she receives from a supervising officer appropriate instruction in the safe handling of the firearm, and
(ii) under the supervision of a supervising officer.
(5) In this Regulation, “authorisation” means an authorisation under section 2(5) of the Act.
(6) In this Regulation and Regulation 13, “supervising officer” means a range controlling officer or a shooting area officer.
Use of firearms or ammunition at a range
12. (1) The owner or operator of a range shall not permit the use of a firearm, other than a rifle or pistol, in any part of the range.
(2) The owner or operator of a range shall not permit the use of a rifle or pistol in any part of the range other than—
(a) in a shooting area that is specified, in an authorisation granted in respect of the range, to be a shooting area in which a rifle or pistol of that type may be used, and
(b) in accordance with that authorisation.
(3) The owner or operator of a range shall not permit the use of a rifle or pistol in any shooting area in the range unless—
(a) a shooting area officer is present in that shooting area, and
(b) where more than two shooting areas are in use at the same time, a range controlling officer is present in the range.
Use of high muzzle energy rifles at a range- zeroing procedure
13. (1) Subject to paragraph (2), the owner or operator of a range shall ensure that a person shall not fire a high muzzle energy rifle at a range-
(a) where that person has not, on the day of that firing or the day immediately preceding that day, zeroed that rifle in accordance with this Regulation, or
(b) from a firing distance of less than 300 metres.
(2) A person may fire a high muzzle energy rifle at a range for the purpose of zeroing that rifle in accordance with this Regulation.
(3) For the purpose of zeroing a high muzzle energy rifle, a person shall—
(a) inform a supervising officer of the—
(i) firing distance from which he or she proposes to fire the rifle when it has been zeroed (“proposed firing distance”), and
(ii) the surface area of the forward face of the target at which he or she proposes to fire the rifle (“proposed target surface area”) when it has been zeroed,
and
(b) under the supervision of the supervising officer, with that rifle, fire a minimum of three shots—
(i) from a firing distance of 25 metres, and
(ii) at a target (“zeroing target”) of a height of 420 millimetres and of a width of 297 millimetres.
(4) Where a person has completed the firing referred to in paragraph (3)(b)—
(a) he or she and the supervising officer shall each sign the zeroing target concerned, and
(b) the supervising officer shall examine the zeroing target for the purpose of determining the mean point of impact of the shots on that target.
(5) The supervising officer shall certify that the person has zeroed his or her rifle where, and only where, on the basis of the examination referred to in paragraph (4)(b), the person has demonstrated to the satisfaction of the supervising officer that—
(a) the sights of the rifle are correctly set, and
(b) the person is capable of grouping the shots, so that all shots fired will be captured by the backstop, where he or she fires the rifle—
(i) from the proposed firing distance, and
(ii) at a target of the proposed target surface area.
Firing at range
14. (1) The owner or operator of a range shall ensure that no person fires a projectile at a range, other than—
(a) from a firing point specified in an authorisation granted in respect of the range, and
(b) at a target that—
(i) is located on the same centre line as the firing point, which centre line complies with paragraph (3), and
(ii) has been placed on a target line specified in that authorisation.
(2) Where a target referred to in paragraph (1)(b) is a metal target, the owner or operator of a range shall ensure that that target is—
(a) placed at the following minimum distance from the firing point:
(i) where a rim-fire pistol, rim-fire rifle, or a centre-fire pistol is being fired, 10 metres;
(ii) where a centre-fire rifle is being fired, 50 metres,
and
(b) positioned in a revetment which prevents ricochets.
(3) A centre line shall—
(a) be perpendicular to the firing line or target line in the shooting area concerned or, if it is not perpendicular, deviate from either side of such a perpendicular line—
(i) in the case of a shooting area in which a pistol is fired, by not more than 6 degrees, or
(ii) in the case of a shooting area in which a rifle is fired, by not more than 1 degree,
or
(b) where the shooting area concerned contains a single firing point and single target, be of the shortest possible length that permits the firing point and target to be located in compliance with the authorisation concerned.
Part 4
Storage of rifles, pistols, ammunition on premises of range
Storage of rifles, pistols
15. (1) Rifles or pistols shall be stored on the premises of a range only—
(a) in a strong room that meets the requirements specified in paragraph (2) and which is located in a building that meets the requirements specified in paragraph (3), and
(b) in compliance with rules referred to in paragraph (4).
(2) A strong room referred to in paragraph (1)(a) shall comply with the following minimum standards:
(a) it shall have solid concrete block or poured concrete walls of a minimum thickness of 225 millimetres;
(b) ventilation holes in its walls shall be staggered;
(c) its floor shall be constructed with concrete of a minimum depth of 100 millimetres;
(d) its ceiling shall be constructed with reinforced concrete of a minimum thickness of 150 millimetres;
(e) it shall have no openings, other than the entrance door, which shall:
(i) open outwards;
(ii) be constructed of sheet steel of a minimum thickness of 6 millimetres;
(iii) be fitted with two locks which shall comply with BS 3621;
(iv) be supported by a box steel door frame of a minimum thickness of 50 millimetres;
(v) have a jamb made of angle iron of a minimum thickness of 62.5 millimetres;
(vi) have hinge bolts to protect all hinges;
(vii) have all locks and door hinges internally fitted.
(3) The building referred to in paragraph (1)(a) shall comply with the following minimum standards:
(a) it shall be of solid construction and all doors, windows, roof space and walls shall be secured from unauthorised access;
(b) its external doors shall be fitted with locks which comply with BS 3621;
(c) it shall be fitted with an intruder alarm system to protect the strong room referred to in paragraph (1), external doors, windows and roof space against intrusion, which intruder alarm system shall comply with the following minimum standards:
(i) it shall be installed and maintained by installers licensed by the Private Security Authority;
(ii) it shall comply with I.S. EN 50131;
(iii) it shall be connected to a monitoring service which is operated by a person licensed by the Private Security Authority, and supported by GSM mobile telephone service back up signalling facilities;
(d) it shall be fitted with a CCTV system which complies with I.S. EN 50132 and which is capable of recording events occurring—
(i) in the interior of the building,
(ii) at access routes to and exit routes from the building, and
(iii) in the interior of the strong room referred to in paragraph (1)(a).
(4) The rules referred to in Regulation 6(1) shall include rules requiring that the strong room referred to in paragraph (1)(a) be accessed by members of the public only under the direct supervision of the owner or operator of the range and shall be locked at all other times.
(5) Recordings made under the CCTV system referred to in paragraph (3)(d) shall be retained by the owner or operator of the range for a period of not less than three months from the date on which they are made.
(6) In this Regulation and Regulation 16—
“BS 3621” means British Standard 3621, published by the British Standards Institution and entitled “Thief resistant lock assembly. Key egress”;
“I.S. EN 50131” means Irish Standard EN 50131 of the National Standards Authority of Ireland, entitled “Alarm Systems- Intrusion and Hold-Up Systems Application Guidelines”;
“I.S. EN 50132” means Irish Standard EN 50132 of the National Standards Authority of Ireland, entitled “CCTV Surveillance Systems for use in security applications”.
Storage of ammunition
16. (1) Ammunition shall be stored on the premises of a range only in a receptacle referred to in paragraph (2) and in compliance with the rules referred to in paragraph (3).
(2) The receptacle referred to in paragraph (1) shall—
(a) be capable of being locked with a lock which complies with BS 3621,
(b) comply with the requirements of the Explosives Act 1875 (38 & 39 Vict., c.17) regarding the storage of explosives, and
(c) be contained in a strong room that meets the requirements referred to in Regulation 15.
(3) The rules referred to in Regulation 6(1) shall include rules requiring that ammunition be stored in the receptacle referred to in paragraph (1), which, when not in use, is locked with the lock referred to in that subparagraph.
Part 5
Construction of range
General requirements for shooting area construction
17. A shooting area shall be constructed in such a manner as to ensure that—
(a) the owner or operator of the range concerned can comply with his or her obligation under Regulation 10(c), and
(b) all projectiles fired within a shooting area come to rest within the active shooting area and without any undue risk to any person.
Active Shooting Area Templates
18. (1) This Regulation applies to an outdoor shooting area, other than a baffled shooting area, or a shooting area to which Regulation 19 applies.
(2) A shooting area to which this Regulation applies shall contain an active shooting area that is of such size and dimensions as are specified by a firearms range inspector in accordance with this Regulation.
(3) For the purpose of having the size and dimensions of an active shooting area calculated in accordance with this Regulation, the owner or operator of the range concerned shall provide a firearms range inspector with the following:
(a) an Ordnance Survey map of the site of the shooting area drawn to a scale of not less than 1:10,000;
(b) a survey of the site, completed by a competent person, specifying the topographical features of the site;
(c) a statement of the location of the proposed firing points at the shooting area;
(d) a statement of the shooting that is proposed to be carried out at the shooting area, including the type and calibre of the rifles or pistols and the design of the projectiles proposed to be used at each firing point.
(4) On receipt of the documents referred to in paragraph (3), the firearms range inspector shall—
(a) identify the appropriate active shooting area template set out in Schedule 1 to be applied to the shooting area concerned, having regard to the type and calibre of the rifles or pistols and the design of the projectiles proposed to be used at that shooting area,
(b) based on that active shooting area template, mark on the Ordnance Survey map provided under paragraph (3), in relation to each firing point, the boundary lines of the applicable active shooting area, and
(c) transmit the Ordnance Survey map, marked in accordance with subparagraph (b), to the owner or operator.
(5) Where a pistol is fired in a shooting area to which this Regulation applies, that shooting area shall contain, on each side, between the firing line and backstop, a berm that complies with Regulation 21.
(6) The active shooting area in a shooting area to which this Regulation applies shall be clearly demarcated and indicated by flags and warning signs.
(7) In this Regulation, “active shooting area template” means a drawing, set out in Schedule 1, which represents, in relation to a shooting area to which paragraph (1) applies, the ground area necessary for the active shooting area of that shooting area to contain projectile overshoots and ricochets generated from a single shooter’s firing point, having regard to the type and calibre of the rifles or pistols and the design of the projectiles proposed to be used at that shooting area.
Outdoor Shooting Area with topographical feature
19. (1) This Regulation applies to an outdoor shooting area, other than a shooting area to which Regulation 18 applies or a baffled shooting area.
(2) A shooting area to which this Regulation applies shall—
(a) contain an imposing topographical feature—
(i) that meets the requirements specified in this Regulation,
(ii) that is under the control of the owner or operator of the range, and
(iii) to which access is restricted in accordance with paragraph (6),
and
(b) be built so that the direction of fire from all firing points or firing lines in the shooting area is into that topographical feature so that all projectiles fired in that shooting area are captured by the topographical feature.
(3) A topographical feature referred to in paragraph (2) shall, in relation to the backstop in the shooting area concerned, be—
(a) of sufficient width to extend, on both sides, beyond the backstop, and
(b) of sufficient height to exceed, at all points, the height of the backstop.
(4) The minimum height of a topographical feature referred to in paragraph (2) shall be the lesser of the following—
(a) the height calculated in accordance with paragraph (5), or
(b) the highest applicable air danger height.
(5) The height referred to in paragraph (4)(a) is the greater of the following—
(a) the overshoot point of a projectile fired from a particular firing point in that shooting area, calculated in accordance with Regulation 24(3), or
(b) the ricochet height of a projectile fired from a firing point in that shooting area, calculated in accordance with Regulation 24(1).
(6) The owner or operator of the range shall ensure that access to a topographical feature referred to in paragraph (2) is restricted to—
(a) persons authorised by the owner or operator to access that feature, and
(b) periods when no shooting is taking place in the shooting area concerned.
(7) In this Regulation, “applicable air danger height” means, in relation to a shooting area in which ammunition of a calibre group mentioned in column 1 of Schedule 2 is used, the height mentioned in column 2 of that Schedule opposite the mention of that calibre group.
Backstops
20. (1) An outdoor shooting area, other than a baffled shooting area, shall contain a backstop that complies with the minimum standards specified in this Regulation.
(2) Subject to paragraph (3), the minimum height of a backstop shall be:
(a) in the case of a backstop in a shooting area in which a rifle is fired from a firing distance mentioned in column 1 of Schedule 3, the height mentioned in column 2 of that Schedule, opposite the mention of that firing distance;
(b) in the case of a backstop in a shooting area in which a pistol is fired from a firing distance mentioned in column 1 of Schedule 3, the height mentioned in column 3 of that Schedule, opposite the mention of that firing distance.
(3) Where—
(a) the line of sight from a firing point in a shooting area to the corresponding target slopes uphill, or
(b) the distance between the target line and the base of the backstop is greater than 20 metres,
the minimum height of the backstop shall be 2 metres higher than the highest of the points referred to in paragraph (4).
(4) The points referred to in paragraph (3) are the points where the line of sight from the lowest proposed firing position at each firing point, projected through the top of the corresponding target, meets the backstop.
(5) A backstop crest at its minimum height shall be of the following minimum thickness:
(a) in the case of a backstop in a shooting area in which a rifle is fired, 1.5 metres;
(b) in the case of a backstop in a shooting area in which a pistol is fired, 1 metre.
(6) The forward face of a backstop shall be—
(a) built and maintained with an angle relative to the horizontal of no less than 34 degrees, and
(b) covered by layer of soil or sand which—
(i) shall be of a minimum thickness of 1 metre, and
(ii) shall not contain any rock or stone which is greater than 25 millimetres in any dimension.
(7) Subject to paragraphs (9) and (10), the minimum width of a backstop shall be equal to—
(a) the distance between the outermost firing points on each side of the firing line,
plus
(b) the distance referred to in paragraph (8).
(8) The distance referred to in paragraph (7)(b) is—
(a) in the case of a backstop in a shooting area in which a rifle is fired, the greater of the following distances—
(i) where the firing distance is that mentioned in column 1 of Schedule 4, the distance mentioned in column 3 of that Schedule, opposite the mention of that firing distance,
and
(ii) where the maximum distance from the firing point to the backstop (“backstop distance”) is that mentioned in column 2 of Schedule 4, the distance mentioned in column 3 of that Schedule, opposite the mention of that backstop distance,
or
(b) in the case of a backstop in a shooting area in which a pistol is fired, the greater of the following distances—
(i) where the firing distance is that mentioned in column 1 of Schedule 4, the distance mentioned in column 4 of that Schedule, opposite the mention of that firing distance,
and
(ii) where the maximum backstop distance is that mentioned in column 2 of Schedule 4, the distance mentioned in column 4 of that Schedule, opposite the mention of that backstop distance.
(9)(a) Subject to paragraph (10), the minimum width of the backstop in a shooting area to which Regulation 19 applies shall be—
(i) the distance between the outermost firing points on each side of the firing line, plus
(ii) the additional flank width in respect of each of those firing points, calculated as follows:
Additional flank width = distance from firing point to backstop crest x tangent of the cone of fire angle.
(10)(a) Where the width of a backstop is less than the minimum width specified in paragraph (7) or, where applicable, paragraph (9), the backstop shall be deemed to comply with the relevant paragraph where a baffle is constructed at its side, so that the combined width of the backstop and the baffle equals or exceeds the relevant minimum width.
(b) A baffle referred to in subparagraph (a) shall meet the requirements for baffles specified in Regulation 22.
(11) Subject to paragraph (6), a backstop may be constructed of any solid material.
Berms
21. (1) Where a minimum standard specified in these Regulations requires a shooting area to contain a berm, that berm shall comply with this Regulation.
(2) The forward face of an earthen berm shall have a layer of soil or sand covering it which—
(a) shall be of a minimum thickness of 1 metre, and
(b) shall not contain any rock or stone which is greater than 25 millimetres in any dimension.
(3) An earthen berm shall:
(a) be of a minimum height of 2.5 metres measured from the range floor;
(b) have, at its forward face, a minimum face slope of 30 degrees, relative to the horizontal;
(c) at its crest, be of a minimum thickness of 1.5 metres;
(d) be joined to at least one backstop.
(4) An artificial berm shall:
(a) rise vertically;
(b) be of a minimum height of 2.5 metres measured from the range floor;
(c) be constructed of a material referred to in column 1 of Schedule 5, of the following minimum thickness:
(i) in the case of a berm in a shooting area in which a rim-fire pistol or rim-fire rifle is fired, the thickness mentioned in column 2 of Schedule 5, opposite the mention of the material concerned;
(ii) in the case of a berm in a shooting area in which a centre-fire pistol is fired, the thickness mentioned in column 3 of Schedule 5, opposite the mention of the material concerned;
(iii) in the case of a berm in a shooting area in which a centre fire rifle is fired, the thickness mentioned in column 4 of Schedule 5, opposite the mention of the material concerned;
(d) where constructed of concrete or materials of a similar hardness, be clad, on its forward face, in timber to a thickness of 5 centimetres, with a gap of no less than 5 centimetres between the berm and that timber cladding;
(e) be joined to at least one backstop.
Baffles.
22. (1) Where a minimum standard specified in these Regulations requires an outdoor shooting area to contain a baffle, that baffle shall—
(a) be constructed of—
(i) a material mentioned in column 1 of Schedule 5, of a thickness specified in paragraph (2), or
(ii) a material, of a type and thickness approved by a firearms range inspector in accordance with paragraph (3), that provides an equal level of ballistic protection,
and
(b) be clad, on its forward face, in timber to a thickness of 5 centimetres, with a gap of no less than 5 centimetres between the baffle and that timber cladding.
(2) The minimum thickness of the material referred to in paragraph (1)(a) shall be:
(a) in the case of a baffle in a shooting area in which a rim-fire pistol or rim-fire rifle is fired, the thickness mentioned in column 2 of Schedule 5, opposite the mention of the material concerned;
(b) in the case of a baffle in a shooting area in which a centre-fire pistol is fired, the thickness mentioned in column 3 of Schedule 5, opposite the mention of the material concerned;
(c) in the case of a baffle in a shooting area in which a centre- fire rifle is fired, the thickness mentioned in column 4 of Schedule 5, opposite the mention of the material concerned.
(3) A firearms range inspector may approve a material other than one referred to in paragraph (1)(a), of a particular type and thickness, for the construction of a baffle or an overhead cover referred to in Regulation 23(4), where a competent person, acting on behalf of the owner or operator of the range concerned—
(a) demonstrates to the inspector—
(i) the resistance of that material to penetration by a projectile of the nature and maximum calibre proposed to be used in the shooting area, and
(ii) that the material provides an equivalent level of ballistic protection to a material referred to in paragraph (1)(a), of the thickness specified in paragraph (2),
and
(b) attests in writing to the matters referred to in subparagraph (a).
Baffled shooting area
23. (1) A baffled shooting area shall contain—
(a) a backstop that complies with this Regulation, and
(b) sufficient baffles, whether overhead or ground, or both, and berms, so as to ensure that no projectile fired from a firing point in that shooting area can escape that shooting area.
(2) Subject to paragraph (3), the minimum height of the backstop in a baffled shooting area shall be the greater of the following—
(a) the ricochet height of a projectile fired from a particular firing point in that shooting area, calculated in accordance with Regulation 24(1),
and
(b) the overshoot point of a projectile fired from a particular firing point in that shooting area, calculated in accordance with Regulation 24(3).
(3) Where the minimum height of a backstop in a baffled shooting area does not comply with paragraph (1), baffles shall be positioned so as to capture all projectiles that are fired and which would, in the absence of the baffles, otherwise leave the shooting area.
(4) The backstop in a baffled shooting area shall have an overhead cover which shall prevent the escape of projectiles that ricochet off the targets or the backstop, which cover shall—
(a) be constructed of a material referred to in Regulation 22(1) or approved by a firearms range inspector under Regulation 22(3),
(b) be of a thickness of no less than 25% of the thickness specified in Regulation 22(2) in respect of baffles of the same material,
(c) not be exposed to direct projectile impacts,
(d) project forward to cover the base of the backstop,
(e) run the length of the backstop crest, and
(f) be constructed so that no gaps exist between its base and the crest of the backstop.
Calculation of ricochet height, first point of impact and overshoot point
24. (1) For the purposes of Regulations 19 and 23, the ricochet height of a projectile fired from a particular firing point shall be calculated as follows:
(a) where the shooting area floor is a soft surface:
Ricochet Height = (Distance from firing points to targets — first point of impact)(Tangent of 30 degrees);
(b) where the shooting area floor is a surface other than a soft surface:
Ricochet Height = Distance from firing points to targets — first point of impact.
(2) For the purposes of Regulations 19 and 23, the first point of impact of a projectile fired from a particular firing point shall be calculated as follows:
(a) where the shooting area floor has no slope:
First Point of Impact = Height of Barrel/Tangent (Cone of Fire Angle);
(b) where the shooting area floor slopes downward relative to the horizontal:
First Point of Impact =
Height of Barrel
Tangent (Cone of Fire Angle) — Tangent (Slope of Shooting Area Floor);
(c) where the shooting area floor slopes upward relative to the horizontal:
First Point of Impact =
Height of Barrel
Tangent (Cone of Fire Angle) + Tangent (Slope of Shooting Area Floor).
(3) For the purposes of Regulations 19 and 23, the overshoot point of a projectile fired from a particular firing point shall be calculated as follows:
Overshoot Point = (Distance to Targets from firing point x Tangent Cone of Fire Angle) + Height of Barrel.
Outdoor gallery rifle shooting area
25. (1) An outdoor gallery rifle shooting area shall—
(a) consist of a—
(i) mantlet, which meets the minimum standards specified in paragraph (2), and
(ii) protective gallery, which meets the meets the minimum standards specified in paragraph (3),
and
(b) contain a moveable target carrier, which meets the meets the minimum standards specified in paragraph (4).
(2) The mantlet referred to in paragraph (1)(a)(i) shall:
(a) face the firing point or firing line and rise a minimum of 1.8 metres above the shooting area floor;
(b) be constructed so as to have, at its forward face, a slope of no less than 30 degrees, relative to the horizontal;
(c) have a layer of soil or sand covering it which—
(i) shall be 1 metre thick, and
(i) shall not contain any rock or stone which is greater than 25 millimetres in any dimension;
(d) contain a mantlet crest board which shall consist of timbers embedded in the crest of the mantlet and which shall—
(i) run the length of the gallery,
(ii) be of a minimum thickness of 50 millimetres,
(iii) be of a minimum height of 250 millimetres, and
(iv) be constructed to ensure that all targets are visible from all authorised firing heights and at all firing points;
(e) in front of the protective gallery, between the mantlet crest board and the concrete wall of the protective gallery referred to in paragraph (3)(d), be of a minimum thickness of 1.5 metres;
(f) exceed the outside edges of the extreme left and right targets by a minimum of 2 metres.
(3) The protective gallery shall:
(a) be perpendicular to the centre line;
(b) be of a minimum height of 2.1 metres;
(c) be of a minimum depth of 1 metre;
(d) have a wall constructed of poured or pre-fabricated concrete, brick, corrugated steel or rock filled gabions;
(e) subject to paragraph (5), have a roof constructed of—
(i) reinforced aggregate concrete of a minimum strength of 20 Newtons per square millimetre (or 3000 pounds per square inch) and of a minimum thickness of 75 millimetres, overlaid with at least 150 millimetres of soil,
(ii) reinforced aggregate concrete of a minimum strength of 20 Newtons per square millimetre (or 3000 pounds per square inch) and of a minimum thickness of 150 millimetres,
(iii) heavy gauge steel panels overlaid with 150 millimetres of soil,
or
(iv) timber of a minimum thickness of 150 millimetres, overlaid with not less than 150 millimetres of soil;
(f) where the protective gallery is within 25 metres of the base of the backstop, have a barrier wall constructed between the gallery and the base of the backstop which extends across the full width of the gallery and is sufficient to protect the target markers from fire or ricochets, which barrier wall shall be constructed of-
(i) timber of a minimum thickness of 5 centimetres, or
(ii) concrete of a minimum thickness of 26 millimetres.
(4) A moveable target carrier shall be capable of—
(a) raising the targets above the mantlet so that they can be fired at,
(b) lowering the targets completely into the protective gallery so that they can, without exposing the marker to fire or ricochets, be marked, and
(c) functioning without any metal component of the carrier being exposed to direct impact from a projectile.
(5) Where the roof of a protective gallery is overlaid with soil in accordance with clause (i), (iii) or (iv) of paragraph (3)(e), such soil shall not contain any rock or stone which is greater than 25 millimetres in any dimension.
(6) A barrier wall referred to in paragraph (3)(f) may contain a viewing port which complies with paragraph (7).
(7) A viewing port referred to in paragraph (6) shall consist of an opening in the barrier wall which is fully covered, on each side of the wall, by a sheet of plexiglass of a thickness of 6 millimetres which is securely attached to the barrier wall.
Indoor shooting area- general
26. (1) An indoor shooting area shall comply with the minimum standards specified in this Regulation and Regulation 27.
(2) No object in an indoor shooting area, whether suspended from the ceiling or otherwise, shall be permitted to protrude below a line that extends from—
(a) the point that is 60 centimetres above the maximum proposed firing height at each firing point,
to
(b) the point that is 25 centimetres above the top of each corresponding target.
(3) An indoor shooting area shall contain a bullet trap that complies with paragraphs (4) to (8).
(4) A bullet trap referred to in paragraph (3) shall, subject to paragraph (5), consist of a steel plate which shall—
(a) be located behind the target line that is most distant from the firing point,
(b) be of a minimum thickness of—
(i)6 millimetres, where constructed of mild steel (containing 0.15 per cent to 0.25 per cent carbon), or
(ii)4 millimetres, where constructed of IT100 armour steel, and
(c) in an indoor shooting area in which ammunition of the calibre group and bullet nature mentioned in columns 1 and 2 of Schedule 6 is used, meet the specifications mentioned in columns 3, 4, 5 or 6 of that Schedule opposite the mention of that ammunition.
(5) For the purposes of this Regulation, references in paragraph (4) to a steel plate includes references to a number of steel plates which are arranged one above the other at an angle of no more than 45 degrees from the horizontal, and which are configured with an overlap such that the lip of one plate is positioned higher than the base of the plate above it.
(6) The forward face of a bullet trap shall be angled—
(a) at a slope of 45 degrees or less relative to the horizontal, towards the direction of fire, or
(b) where rim-fire rifles and rim-fire pistols only are in use in the shooting area, vertically.
(7) A bullet trap shall have an anti-backsplash curtain which shall—
(a) be positioned behind the targets and at least 30 centimetres in front of the bullet trap, and
(b) cover the entire front of the bullet trap.
(8) A bullet trap which is angled in accordance with paragraph (6)(a) shall contain either a sand pit or water trap designed so that that sand trap or water pit:
(a) is located at ground level;
(b) extends over the width of the bullet trap;
(c) extends over the depth of the bullet trap;
(d) contains coarse, stone free sand or water to a depth of 10 centimetres.
Indoor shooting area- construction
27. (1) Subject to paragraph (2), all floor, ceiling and wall surfaces of an indoor shooting area shall be constructed of a material mentioned in column 1 of Schedule 7, of the following minimum thickness:
(a) in the case of an indoor shooting area in which a rim-fire pistol or rim- fire rifle is fired, the thickness mentioned in column 2 of Schedule 7, opposite the mention of the material concerned;
(b) in the case of an indoor shooting area in which a centre-fire pistol is fired, the thickness mentioned in column 3 of Schedule 7, opposite the mention of the material concerned;
(c) in the case of an indoor shooting area in which a centre-fire rifle is fired, the thickness mentioned in column 4 of Schedule 7, opposite the mention of the material concerned.
(2) Where an indoor shooting area does not comply with paragraph (1), it shall contain a protected zone that complies with paragraphs (3) to (6).
(3)(a) A protected zone shall consist of the area between the bullet trap referred to in Regulation 26 and the points, referred to in subparagraph (b), on the floor, ceiling and side walls of the indoor shooting area that are furthest from the bullet trap.
(b) The points referred to in subparagraph (a) are the points of intersection with the floor, ceiling or side wall, as the case may be, with the lines that are drawn—
(i) from the point at each proposed firing point that is located at the height of barrel that is proposed, and
(ii) at an angle specified in subparagraph (c), measured from the point referred to in clause (i).
(c) The angle referred to in subparagraph (b)(ii) shall be the following:
(i) in the case of an indoor shooting area in which a rim-fire rifle is used, 10 degrees from the vertical and 6 degrees from the horizontal;
(ii) in the case of an indoor shooting area in which a rim-fire pistol is used, 15 degrees from the vertical and 10 degrees from the horizontal;
(iii) in the case of an indoor shooting area in which a centre-fire pistol or a centre-fire rifle is used, 15 degrees from the vertical and 15 degrees from the horizontal.
(4)(a) All floor, ceiling and side wall surfaces forward of the bullet trap and within the protected zone shall be—
(i) constructed from the materials specified in paragraph (1), of the thickness specified in that paragraph, or
(ii) protected by a baffle which complies with subparagraph (b).
(b) A baffle referred to in subparagraph (a)(ii) shall—
(i) be constructed from—
(I) the materials specified in paragraph (1), of the thickness specified in that paragraph,
or
(II) subject to paragraph (6), steel, and
(ii) ensure that no projectile or ricochet can penetrate the baffle and escape the active shooting area.
(5) All fixtures within the protected zone shall be sheltered, by baffles or similar features, from projectiles fired from the firing line concerned that may hit them.
(6) Where a baffle referred to in paragraph (4)(a)(ii) is constructed of steel, that steel shall be—
(a) mild steel (containing 0.15 percent to 0.25 per cent carbon), and
(b) of the following minimum thickness:
(i) in the case of an indoor shooting area in which a rim-fire pistol or rim-fire rifle is used, 5 millimetres;
(ii) in the case of an indoor shooting area in which a centre-fire pistol is used, 8 millimetres;
(iv) in the case of an indoor shooting area in which a centre-fire rifle is used, 11 millimetres.
Regulation 18
SCHEDULE 1
ACTIVE SHOOTING AREA TEMPLATES
Note:
In the Active Shooting Area Templates set out in this Schedule:
(a) the point on the vertical axis, marked “0”, represents the firing point;
(b) the horizontal line from the firing point represents the centre line;
(c) the vertical axisindicatesthe distance on each side from the firing point (”drift”);
(d) the horizontal axisindicates the distance forward of the firing point (”range”);
(e) the dimensions shown are in metres;
(f) the area shown enclosed within the inner margin of the black line delineates, in relation to the firing point, the active shooting area applicable where firearms of a type and calibre, and projectiles of a design, specified in that template are used in the shooting area;
(g) all areas referred to in (f) shown in a template are symmetrical about the centre line.
Part 1- Pistols
/images/en.si.2011.0622.0001.jpg
/images/en.si.2011.0622.0002.jpg
/images/en.si.2011.0622.0003.jpg
Part 2- Rifles
/images/en.si.2011.0622.0004.jpg
/images/en.si.2011.0622.0005.jpg
/images/en.si.2011.0622.0006.jpg
/images/en.si.2011.0622.0007.jpg
/images/en.si.2011.0622.0008.jpg
Regulation 19
SCHEDULE 2
(1) Calibre Group
(2) Ricochet Air Danger Height
.22 Long Rifle
150 metres
9 mm Parabellum
200 metres
.357 S&W Magnum
200 metres
.223 Remington
100 metres
.308 Winchester
175 metres
.338 Lapua Magnum
450 metres
.50 Browning
800 metres
Regulation 20
SCHEDULE 3
(1) Firing Distance
(2) Minimum Backstop Height (Rifle)
(3) Minimum Backstop Height (Pistol)
15 metres or less
3. 0 metres
3. 0 metres
25 metres or less
3. 0 metres
4. 0 metres
50 metres or less
4. 0 metres
6. 0 metres
75 metres or less
5. 0 metres
6. 0 metres
100 metres or more
6. 0 metres
6. 0 metres
Regulation 20(8)
SCHEDULE 4
(1) Firing Distance
(2) Maximum Distance to Backstop
(3) Minimum Flank Extension (Rifle)
(4) Minimum Flank Extension (Pistol)
15 metres or less
18 metres or less
1. 0 metres
1. 5 metres
20 metres
23 metres
1. 0 metres
2. 0 metres
25 metres or less
28 metres or less
1. 0 metres
2. 5 metres
50 metres
53 metres
2. 0 metres
4. 5 metres
75 metres
78 metres
3. 0 metres
4. 5 metres
100 metres or more
103 metres or more
4. 0 metres
4. 5 metres
Regulations 21 and 22
SCHEDULE 5
(1) Material
(2) Rim-Fire Pistol and Rim-Fire Rifle
(3) Centre-Fire Pistol
(4) Centre-Fire Rifle
Softwood Timber
150 millimetres
200 millimetres
375 millimetres
Aggregate Concrete(Minimum strength — 20 Newtons per square millimetre/ 3000 pounds per square inch)
75 millimetres
150 millimetres
200 millimetres
Mild Steel(0.15 per cent to 0.25 per cent carbon)
5 millimetres
8 millimetres
11 millimetres
25 millimetres Gravel
100 millimetres
150 millimetres
300 millimetres
Regulation 26
SCHEDULE 6
(1) Calibre Group
(2) Bullet Nature
(3) Minimum Steel Thickness
(4) Steel Specifications
(5) Mild Steel Minimum Steel Thickness
(6)1T100 Armour Steel Minimum Thickness
.22 Long Rifle
Lead
7 millimetres
AR-450
6 millimetres
4 millimetres
9 mm Para. or larger
Full Metal Jacket
10 millimetres
AR-500
12 millimetres
8 millimetres
Regulation 27
SCHEDULE 7
(1) Material
(2) Rim-fire Rifle and Rim-fire Pistol
(3) Centre-fire Pistol
(4) Centre-fire Rifle
Aggregate Concrete(Minimum strength of 20 Newtons per square millimetre/ 3000 pounds per square inch)
75 millimetres
150 millimetres
200 millimetres
Brick
103 millimetres
215 millimetres
215 millimetres
Concrete Block
100 millimetres
215 millimetres
330 millimetres
Hardwood Timber
125 millimetres
175 millimetres
250 millimetres
Softwood Timber
150 millimetres
200 millimetres
375 millimetres
Regulation 3(3)
SCHEDULE 8
(1) Calibre Group
(2) Included Calibres
.50 Browning Calibre
.50 Browning Calibre
.338 Lapua Magnum
.338 Lapua Magnum
7 mm Remington Magnum
.300 Winchester Magnum
.300 Weatherby Magnum
.308 Norma Magnum
.375 H&H Magnum
8 mm Remington Magnum
.300 H&H Magnum
.338 Winchester Magnum
.340 Weatherby Magnum
.358 Norma Magnum
.350 Remington Magnum
.378 Weatherby Magnum
.308 Winchester
.308 Winchester
.30-06 Springfield
7 mm-08 Remington
6. 5X55 Swedish Mauser
6. 5X54 Mannlicher-Schoenauer
6. 5X57R Mauser
6. 5X57 Mauser
6. 5X58R Sauer
6. 5X58 Portuguese Vergueiro
6. 5X58R Krag-Jorgensen
8 mm Mauser (8X57 JS)
.270 Winchester
.358 Winchester
6mm BR
6. 5X61 Mauser
7X57 Mauser
7X57R Mauser
6. 5X50 Arisaka
6. 5X52 Mannlicher-Carcano
6. 5X53R Mannlicher
.250 Savage
.257 Roberts
.307 Winchester
.303 British
.350 Remington Magnum
.300 Savage
.243 Win
.223 Remington
.223 Remington
.22 Hornet
.220 Swift
.22-250 Remington
.223 Remington Magnum
.30 Remington
.303 Savage
.32 Winchester Special
.35 Remington
.38-55 Winchester
.38-40 Winchester
.30 MI Carbine
.348 Winchester
.351 Winchester
.356 Winchester
.22 Savage Hi-Power
.25 Remington
7. 62X39 Russian
.30-30 Winchester
.222 Remington
.25-20 WCF
.25-35 Winchester
.256 Winchester Magnum
.50-90 Sharps
.32-20 Winchester
.44-40 Winchester
.444 Marlin
.44 Ball
.375 Winchester
.45-70 U.S. Government
.458 Winchester
6 mm Lee Navy
.30-40 Krag
.357 S&W Magnum
.357 Magnum
9 mm Parabellum
9 mm Parabellum
.44 Magnum
.45 ACP
.50 Caliber Muzzleloader, cast bullet
7. 65 Parabellum (.32)
.22 Long Rifle HV
.22 Long Rifle HV
.22 Long Rifle Std. Velocity
.22 Long
.22 Short
.58 Calibre Muzzleloader Ball
.54 Calibre Muzzleloader Ball
.44 Calibre Muzzleloader Ball
.380 Short
.25 ACP
.32 ACP
.45 Calibre Muzzleloader Ball
.40 Calibre Muzzleloader Ball
.36 Calibre Muzzleloader Ball
.58 Calibre Muzzleloader Ball
/images/ls
GIVEN under my Official Seal,
30 November 2011.
ALAN SHATTER,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This does not form part of the Instrument and does not purport to be a legal interpretation.)
This Statutory Instrument sets out minimum standards for the design, construction and maintenance of rifle and pistol target shooting ranges. It also provides for the minimum standards that the owner or operator of a rifle or pistol target shooting range must comply with in order to be granted an authorisation for the operation of such a shooting range.
S.I. No. 391/2015 –
Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 18th September, 2015.
I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 2B (inserted by section 29 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011) ( S.I. No. 138 of 2011 )), hereby order as follows:
1. This Order may be cited as the Firearms (Restricted Firearms and Ammunition) (Amendment) Order 2015.
2. This Order comes into operation on 15th September, 2015.
3. Article 4(2) of the Firearms (Restricted Firearms and Ammunition) Order 2008 ( S.I. No. 21 of 2008 ) is amended by the substitution of the following subparagraph for subparagraph (e)—
“(e) the following short firearms where a firearms certificate is sought for the purpose of using a firearm for target shooting on the premises of a rifle or pistol club or a rifle or pistol shooting range authorised under section 4A of the Firearms Act 1925 or at such other place as stands authorised under section 2(5) of that Act:
(i) air-operated firearms designed for use with 4.5 millimetres (0.177 inch) calibre ammunition;
(ii) single shot firearms designed for use with 0.22 inch long rifle rim fire percussion ammunition;
(iii) firearms which are designed for use with 0.22 inch long rifle rim fire percussion ammunition and use magazines that have been manufactured or modified prior to use so as to accommodate no more than five rounds of ammunition”.
/images/ls
GIVEN under my Official Seal,
15 September 2015.
FRANCES FITZGERALD,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
This Statutory Instrument amends Article 4(2) of Statutory Instrument No. 21 of 2008 and provides for a method of determining certain firearms not to be restricted, in accordance with the Firearms Act, 1925 .
S.I. No. 646/2017 –
Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 9th February, 2018.
I, DAVID STANTON, Minister of State at the Department of Justice and Equality, in exercise of the powers conferred on me by section 9 (10) (inserted by section 38 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Firearms Act 1925 (No. 17 of 1925) and the Justice and Equality (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 351 of 2017 ), after consultation with the Commissioner of the Garda Síochána, hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017.
(2) These Regulations come into operation on 1 February 2019.
Definitions
2. In these Regulations—
“Act” means Firearms Act 1925 ;
“ammunition” means ammunition for a firearm which is of a calibre of no more than 20 millimetres but does not include ammunition for a paintball marker or ammunition components that do not contain an explosive;
“BS” means British Standard;
“Commissioner” means Commissioner of the Garda Síochána;
“CCTV system” means a system consisting of electronic or other devices designed, which through visual images, warns of, monitors or records potential or actual unauthorised entry or misconduct on or in the vicinity of premises where such equipment is situated;
“District officer” means the member not below the rank of inspector, of the Garda Síochána who is the District officer of the Garda Síochána district in which the premises of the firearms dealer concerned is situated;
“Explosives Acts” means Explosives Acts 1875 and 2006;
“firearms component” means any part of a firearm without which the firearm could not function as originally designed;
“G2/FB4 EN 1522” means the ballistic standard bullet resistance for glass doors and windows;
“Government inspector” means a person appointed under section 53 of the Explosives Act 1875 as a Government inspector;
“I.S.” means Irish Standard;
“I.S. EN” means adopted European Standard;
“LPS” means a loss prevention standard 1175 Level 3 which sets out the specification for the testing and classification of the burglary resistance of buildings components strong points and security enclosures;
“PAS24” means product assessment specification 24 which specifies test methods and acceptance criteria for doors and windows;
“sales area” means an area of a firearms dealer’s premises where firearms or ammunition are displayed for sale in accordance with Regulation 6 (2) and (3) and where the public are allowed restricted and supervised access;
“strong room” means a room or enclosure for the storage of firearms and ammunition constructed in accordance with Regulation 5(1);
“SR 40” means non-technical best practice for the provision of electronic security services — intruder alarm, access control and CCTV systems.
Application
3. (1) Regulations 4 to 8 shall apply to firearms dealers not subject to section 9(8) (inserted by section 6 of the Firearms Act 1971 ) of the Act.
(2) Regulation 9 shall apply to firearms dealers subject to section 9(8) of the Act.
Security of premises
4. (1) A firearms dealer shall ensure that the following measures are taken to ensure the security of his premises:
(a) the building structure, to include all external walls, doors, windows, roof and floor, shall be constructed to provide an appropriate level of security and shall be secured from unauthorised access as follows;
(b) the external doors to the premises shall be fitted to PAS24:2016 standard by a locksmith as per PSA 55:2016 with locks which meet BS 3621 standard or equivalent;
(c) external doors (except public entrance doors) should be constructed of either prefabricated steel (2x2millimetres steel on a steel box frame) or G2/FB4 EN 1522;
(d) a comprehensive intruder detection system to provide an appropriate level of both perimeter and trap protection shall be installed at the premises. This system should be maintained in accordance with E.N. 50131 and the Garda Síochána alarm policy;
(e) the intruder detection system shall be installed and maintained by an installer licensed by the Private Security Authority to IS E.N. 50131-1 together with IS E.N. 50131-7 and SR 40 and the maintenance contract shall include an annual service;
(f) the intruder detection system shall be supported by an appropriate, secondary monitored signalling system certified to I.S. EN 50136 standard;
(g) the intruder detection system shall be permanently connected to a remote monitoring centre operated by a person licensed by the Private Security Authority in accordance with PSA 33:2014;
(h) personal attack alarms, both static and mobile, shall be included as part of the intruder detection system. A duress code facility shall also be included and utilised as necessary;
(i) a CCTV system to I.S. EN 50132 standard shall be installed at the premises. This system shall be installed and maintained by an installer licensed by the Private Security Authority in accordance with PSA 2006:12 and SR 40 and the maintenance contract shall include an annual service;
(j) the CCTV system shall include digital recording facilities (capable of retaining images for a minimum of one month) and such recording facility shall be kept in a secure area or secure cabinet outside public view;
(k) the CCTV system shall, as a minimum, be capable of covering all of the entry and exit points to the premises, the interior of the premises (including the sales area) and the interior of the strong room. Such a system shall be capable of recording images in all light conditions;
(l) access to the premises, by members of the public, shall be controlled by the firearms dealer;
(m) all relevant documentation in support of the above requirements shall be provided to a member of the Garda Síochána on request;
(n) the firearms dealer shall liaise with the District officer in relation to compliance with these Regulations and shall allow the relevant premises to be inspected whenever requested by him or her to do so;
(o) if the part of the premises used for storage of ammunition is within or adjoins a building containing accommodation used for domestic or residential purposes—
(i) the accommodation shall be separate from the ammunition store,
(ii) access and exit routes, which are fire stopped and fire separated from the ammunition store, shall be provided for the accommodation,
(iii) there shall be a fire detection system installed in the store which will sound in the accommodation area,
(iv) there shall be at least one hour fire stopping between the accommodation and the ammunition store, and
(v) the door (if any) between the ammunition store and accommodation shall be secured from unauthorised access to PAS 24:2016 standard.
Construction requirements for strong room
5. (1) In the case of storage of firearms, a firearms dealer shall ensure that all firearms in the premises are stored in a strong room which complies with the following requirements:
(a) the walls, floor and ceiling shall be constructed as outlined hereunder and shall be secured from unauthorised access as follows:
(i) the walls of the strong room shall be constructed of either solid reinforced concrete at least 225mm thickness or solid, bonded block or brick at least 325mm thickness;
(ii) the floor shall be constructed of either solid reinforced concrete with a minimum depth of 150mm or solid, bonded block/brick at least 300mm in depth;
(iii) the ceiling shall consist of either solid reinforced concrete at least 150mm thickness or solid, bonded block or brick at least 300mm thickness;
(b) for existing walls, floors and ceilings that do not meet these requirements, provision shall be made to upgrade to such a standard so that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above by utilising further additional measures to each non-compliant area to include the use of steel mesh, block, brick or reinforced concrete;
(c) ventilation holes, where necessary, shall be staggered, such that no line of sight exists from the exterior to the interior of the building;
(d) the strong room shall have no other openings, other than the entrance door, opening outwards;
(e) the entrance door to the strong room shall have a time-lock mechanism and be either—
(i) a manufactured steel door, with supporting surround, each of which is certified to fulfil the requirements of I.S. EN 1627 (minimum security grade 4) or equivalent, or
(ii) a door individually custom-fabricated of sheet steel to such a standard that the Commissioner is satisfied that it provides a resistance to attack equal to that provided by the above standard;
(f) the strong room shall be incorporated into the intruder detection system of the premises and operate on a separate 24 hour guard;
(g) the strong room shall be locked except when accessed under the direct supervision of the firearms dealer or his employees;
(h) outside of normal opening hours the time-lock shall be engaged;
(i) access to the strong room by members of the public shall be limited and shall only be permitted under the direct supervision of the firearms dealer or his employees;
(j) any steel or ferrous doors, fittings, sheeting, grill or shelving in any part of the strong room where ammunition or explosives are stored, shall be coated, painted or lined to prevent bare metal or rust from being exposed.
Security of firearms and ammunition on display in sales area
6. (1) All firearms shall be stored within a strong room in accordance with Regulation 5(1) when not on display.
(2) In the course of business opening hours where staff are present, non-restricted firearms may be kept on display in secure conditions within the sales area. In order to facilitate this, the following measures shall be taken to ensure the security of any such non-restricted firearms on display:
(a) firearms on display shall be kept in secure firearms display cabinets or racks which comply with BS 7558;
(b) suitable display cabinets shall be either—
(i) a cabinet, manufactured, fitted and certified to comply with LPS 1175 (level 3) standard, or
(ii) a cabinet, manufactured, fitted and certified to comply with BS 7558 with laminated glazing (minimum thickness of 11.3mm) certified to BS 5544, or
(iii) a custom-fabricated cabinet that provides a resistance to attack equal to that provided by the above standards, to such a standard that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above.
(c) all display cabinets shall be securely anchored to a solid structure using suitable high strength anchor bolts;
(d) where firearms racks are utilised, all firearms on display shall be secured to the rack by the use of steel security cables (minimum 8mm thickness) or by clamps;
(e) padlocks used to secure the steel cables within the rack shall meet EN 12320 standard (minimum security grade 4) or to such a standard that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above.
(3) All ammunition, when not on display, shall be securely stored in the strong room in a manner which is acceptable to the Commissioner and prevents access by members of the public. In the course of business opening hours where staff is present, ammunition may be kept on display in secure conditions within the sales area. In order to facilitate this, the following measures shall be taken to ensure the security of any such ammunition on display:
(a) the quantity of ammunition on display shall not exceed 10,000 rounds;
(b) ammunition shall be kept in its parent or retail packaging;
(c) ammunition shall be displayed in—
(i) a cabinet, manufactured, fitted and certified to comply with LPS 1175 (level 3) standard,
(ii) a cabinet, manufactured, fitted and certified to comply with BS 7558 with laminated glazing (minimum thickness of 11.3mm) certified to BS 5544, or
(iii) a custom-fabricated cabinet that provides a resistance to attack equal to that provided by the above standards or to such a standard that the Commissioner is satisfied that it provides a resistance to attack equivalent to the above;
(d) all display cabinets shall be securely anchored to a solid structure using suitable high strength anchor bolts.
Strong room incorporating shop floor and sales area
7. (1) Where the strong room includes the general shop floor and sales area for firearms, the following measures shall be taken to ensure the security of firearms and ammunition on the premises—
(a) the strong room requirements of Regulation 5(1) shall be adhered to, and
(b) the display requirements of Regulation 6(2) and (3) shall be adhered to.
Safety of premises
8. (1) In the case of storage of ammunition, or ammunition components containing explosive, where authorised, the requirements of the Explosives Acts shall be complied with.
(2) Ammunition and firearms shall be kept separated at all times and shall not be stored or displayed in the same room, receptacle or cabinet without a physical means of separation, such as a wall, grill, barrier or partition.
(3) The firearms dealer shall allow the inspection of the premises by a Government inspector where requested, and shall produce for inspection such records relating to ammunition or explosives as are required by such an Inspector.
Dealers subject to section 9 (8) of Act — ammunition only dealers
9. (1) In the case of storage of ammunition where registration in the register of firearms dealers is subject to the condition that the person confine their dealing to ammunition for shotguns, unrifled airguns and for rifled firearms not exceeding.22 inches, the following minimum standards shall apply to a premises storing 5,000 or more shotgun cartridges or ammunition for a rifled firearm of a calibre not exceeding.22 inches:
(a) an intruder detection system certified to I.S. EN 50131 standard (minimum security grade 2) shall be installed at the premises. The intruder detection system shall be installed and maintained by an installer licensed by the Private Security Authority and the maintenance contract shall include an annual service;
(b) the intruder detection system shall be supported by an appropriate secondary monitored signalling system certified to I.S. EN 50136 standard;
(c) the intruder detection system shall be permanently connected to a remote monitoring centre operated by a person licensed by the Private Security Authority;
(d) ammunition shall be kept in its parent or retail packaging;
(e) access to the premises, by members of the public, shall be controlled by the firearms dealer;
(f) the storage of any ammunition, where authorised, shall also comply with the requirements of the Explosive Acts;
(g) all relevant documentation in support of the above requirements shall be provided to the Garda Síochána on request;
(h) the firearms dealer shall liaise with the District officer in relation to compliance with these Regulations and shall allow the relevant premises to be inspected whenever requested by him or her to do so;
(i) the firearms dealer shall allow the inspection of the premises by a Government inspector where requested, and shall produce for inspection such records relating to ammunition as are required by such an inspector;
(j) if the part of the premises used for storage of ammunition is within or adjoins a building containing accommodation used for domestic or residential purposes—
(i) the accommodation shall be separate from the room in which the ammunition is stored,
(ii) access and exit routes, which are fire stopped and fire separated from the room in which the ammunition is stored shall be provided for the accommodation,
(iii) there shall be a fire detection system installed in the room which will sound in the accommodation area,
(iv) there shall be at least one-hour fire stopping between the accommodation and the room, and
(v) the door (if any) between the room and accommodation shall be secured from unauthorised access to PAS 24:2016 standard.
(2) All ammunition, when not on display, shall be securely stored in a time-locked safe or time-locked custom-fabricated cabinet constructed in accordance with subparagraph (c), (d) or (e). In the course of business opening hours where staff is present, ammunition may be kept on display in secure conditions within the sales area. In order to facilitate this, the following measures shall be taken to ensure the security of any such ammunition on display:
(a) the quantity of ammunition on display shall not exceed 1,000 rounds;
(b) ammunition shall be kept in its parent or retail packaging;
(c) ammunition shall be displayed—
(i) in a cabinet, manufactured, fitted and certified to comply with LPS 1175 (level 3) standard,
(ii) a cabinet, manufactured, fitted and certified to comply with BS 7558 with laminated glazing (minimum thickness of 11.3mm) certified to BS 5544, or
(iii) a custom-fabricated cabinet that provides a resistance to attack equal to that provided by the above standards, or equivalent which is acceptable to the Commissioner;
(d) all display cabinets shall be securely anchored to a solid structure using suitable high strength anchor bolts.
(3) In the case of storage of ammunition where registration in the register of firearms dealers is subject to the condition that the person confine their dealing to ammunition for shotguns, unrifled airguns and for rifled firearms not exceeding.22 inches, the following minimum standards shall apply to a premises storing less than 5,000 shotgun cartridges or ammunition for a rifled firearm of a calibre not exceeding.22 inches:
(a) an intruder detection system certified to I.S. EN 50131 standard (minimum grade 1) shall be installed at the premises. The intruder detection system shall be installed and maintained by an installer licensed by the Private Security Authority and the maintenance contract shall include an annual service;
(b) ammunition shall be kept in its parent or retail packaging;
(c) access to the premises, by members of the public, shall be controlled by the firearms dealer;
(d) the storage of any ammunition, where authorised, shall also comply with the requirements of the Explosive Acts;
(e) ammunition shall be stored securely in a safe or custom-fabricated cabinet that provides a resistance to attack and which prevents access by members of the public, which is acceptable to the Commissioner;
(f) all relevant documentation in support of the above requirements shall be provided to the Garda Síochána on request;
(g) the firearms dealer shall liaise with the Garda Síochána in relation to compliance with these Regulations and shall allow the relevant premises to be inspected whenever requested by the Garda Síochána to do so;
(h) the firearms dealer shall allow the inspection of the premises by a Government inspector where requested, and shall produce for inspection such records relating to ammunition as are required by such an inspector;
(i) if the part of the premises used for storage of ammunition is within or adjoins a building containing accommodation used for domestic or residential purposes—
(i) the accommodation shall be separate from the room in which the ammunition is stored,
(ii) access and exit routes, which are fire stopped and fire separated from the room in which the ammunition is stored, shall be provided for the accommodation,
(iii) there shall be at least a half hour fire resistance between the accommodation and the room in which the ammunition is stored, and
(iv) the door (if any) between the room in which the ammunition is stored and accommodation shall be secured from unauthorised access to PAS 24:2016 standard.
/images/ls
GIVEN under my hand,
21 December 2017.
DAVID STANTON,
Minister of State at the Department of Justice and Equality.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Statutory Instrument, in accordance with section 9 (10) (inserted by section 38 of the Criminal Justice Act 2006 (No. 26 of 20006) of the Firearms Act 1925 (No. 17 of 1925), sets out the minimum standards for the premises in which a registered firearms dealer carries on business.
S.I. No. 65/1969 –
Firearms (Shotguns) (Proofing Methods, Marks and Fees) Regulations, 1969.
S.I. No. 65 of 1969.
FIREARMS (SHOTGUNS) (PROOFING METHODS, MARKS AND FEES) REGULATIONS, 1969.
I, SEOIRSE Ó COLLA, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 12 of the Firearms (Proofing) Act, 1968 (No. 20 of 1968), hereby make the following regulations :
1. These regulations may be cited as the Firearms (Shotguns) (Proofing Methods, Marks and Fees) Regulations, 1969.
2. These regulations shall come into operation on the 16th day of April, 1969.
3. In these regulations, unless the context otherwise requires—
” action ” means the parts of a firearm which are intended to prevent the escape from the breech of gases generated by firing a load;
” approved method ” means a method in general use and approved by the gun-making and cartridge-making industry, or by a proofing establishment outside the State;
” barrel proof ” has the meaning assigned to it by Regulation 5;
” breech ” means that part of a firearm where the action can be separated from the barrel or barrels to allow for the insertion of a load;
” breech face ” means the flat face in a plane at right angles to the axis of the barrel, with which the barrel is terminated at the breech end and which is held in close contact with the action-face when the breech is closed;
” breech proof ” has the meaning assigned to it by Regulation 5;
” chamber ” means that portion of the barrel at the breech end which is enlarged in diameter in order to accommodate the cartridge;
” Institute ” means the Institute for Industrial Research and Standards, and includes any person to whom the responsibility for the proofing of firearms has been entrusted by the Board of that Institute;
” load ” means the propellant, projectile, wadding and any other material to be fired or discharged from a barrel;
” mean pressure ” means the average of a number of pressures developed by firing the same loads and measured at a position in a chamber or barrel;
” monobloc ” means the part of the firearm into which the barrel is (or barrels are) fitted at the breech end, if that method of construction is used;
” proof load ” means the load required to develop proof pressure on firing;
” proof pressure ” means the pressure required to proof a barrel or firearm;
” reproof ” means the repetition of the proof of a firearm which has already passed that proof;
” sender ” means the person (other than a servant or agent) who submits a barrel or firearm for proof or reproof;
” service cartridge ” means any cartridge manufactured or generally available to the public in the State, Northern Ireland and Great Britain;
” service load ” means the load either in a service cartridge or (where not contained in a cartridge) intended for use in safety in a barrel or firearm;
” service pressure ” means the mean pressure developed by firing a number of service loads;
” shotgun ” means any smooth-bore breech-loading firearm the nominal bore of which is 12 or smaller, which discharges shot or bullet and the bore diameter and the dimensions of each chamber of which are within the relevant limits set out in Table I of these regulations;
” special load ” means a load which on firing develops a mean pressure greater than that developed on firing a service load;
” statutory proof ” means the proofing of firearms required by the Firearms (Proofing) Act, 1968 (No. 20 of 1968);
” view ” means the inspections, in accordance with regulations 11 to 13, of a barrel or firearm before and after firing a proof load in it, and cognate words shall be construed accordingly.
4. These regulations shall apply to shotguns.
METHOD OF PROOF
5. (1) Statutory proof shall consist of the firing of two proof loads in each barrel of the firearm, together with view in respect of each firing.
(2) The firing of these two proof loads together with view shall be known respectively as barrel proof and breech proof.
6.(1) The sender shall deliver each firearm to the Institute in a proper state for proof.
(2) To comply with paragraph (1), each barrel shall be
(a) struck up and chambered,
(b) both internally and externally smoothed, clean and free from rust, pitting, dents and bulges, and
(c) fitted to its action, which shall be finished (or in the finished state) and intended for the firearm.
(3) The Institute may at its discretion engrave serial numbers on each barrel and action of a firearm delivered to it for proofing, or require the sender to do so before delivery.
7. (1) In the case of a firearm in which soft soldering has been used to effect a joint in a position where a failure of the joint would, in the opinion of the Institute, involve the user in danger, the sender shall satisfy the Institute that the joint is correctly and efficiently made.
(2) The Institute may at its discretion—
(a) take such steps as it considers necessary to ensure that the joint mentioned in paragraph (1) has been correctly and efficiently made,
(b) refuse to accept for proof a firearm having a soft soldered joint in a position mentioned in paragraph (1), if it is not satisfied that the joint has been correctly and efficiently made.
(3) A firearm of the type mentioned in paragraph (1) shall fail proof if the Institute is not satisfied in accordance with that paragraph.
8. If a sender—
(a) submits a firearm in a condition which fails to comply with regulation 6,
(b) submits a firearm of the type mentioned in regulation 7 (1) and in respect of which the Institute is not satisfied under that regulation,
(c) requires a firearm to be proofed by a type of proof which, in the opinion of the Institute, is unsuitable,
(d) supplies, in respect of a firearm, informationn which, in the opinion of the Institute, is inadequate or erroneous, or
(e) fails to supply any information requested in relation to a firearm,
the Institute may refuse to proof the firearm.
9. If a sender submits to the Institute for proof or reproof a firearm which is in such a state or condition, that in the opinion of the Institute—
(a) the firearm cannot be viewed,
(b) the firearm cannot be viewed in a manner whereby any defects, whether latent or patent, would be disclosed, or
(c) the firearm cannot be loaded or fired with a proof load except by involving an employee of the Institute in unusual danger,
the Institute may, at its discretion, refuse to accept the firearm for proof or reproof.
10. (1) A firearm which has been marked as proofed under these regulations and has, by any process of manufacture or any means other than normal use, been reduced in substance or strength, so that the proof mark thereon does not represent the proof, shall, from the time of such reduction, be deemed not to have been so proofed.
(2) A barrel, the bore of which has been enlarged to a diameter ten-thousandths of an inch greater than that marked on the occasion of the last proof under these regulations, or to a diameter greater than the maximum diameter appropriate to the firearm (having regard to the nominal bore and length of chamber) as specified in Table I of these regulations, shall, from the time of such enlargement, be deemed not to have been so proofed.
VIEW
11. Before a proof load is fired in it, each barrel of, or intended for, a firearm submitted to the Institute for proof shall be to the satisfaction of the Institute in relation to straightness and condition.
12. (1) Before a proof load is fired in it, a barrel shall be gauged at a distance of 9 inches from its breech face for its bore diameter, which shall be within the appropriate limits set out in Table I of these regulations, for the bore diameter of that barrel.
(2) The bore guages to be used for the purpose of paragraph (1) shall be of the diameters set out in Table II of these regulations.
(3) Before a proof load is fired in it, a chamber shall be gauged and each diameter and each length of such chamber shall, at such gauging, be within the appropriate limits set out in Table I of these regulations, for the dimensions of that chamber.
13. After the firing of a proof load, a barrel or firearm shall be inspected for the purpose of ascertaining whether or not any material change has taken place as a result of the firing.
14. A barrel or firearm which fails to comply with Regulations 11 and 12, or which, on inspection, is found to have changed materially by reason of the firing of a proof load, shall fail proof.
15. (1) Whenever a barrel or firearm has been submitted for proof, the Institute may, at its discretion, inspect the barrel or firearm for any flaw or material which, in the opinion of the Institute, might render the firing of a service load or a special load in that barrel or firearm dangerous to the user and for the purpose of such inspection may use any test.
(2) Whenever a flaw or material mentioned in paragraph (1) is detected, the barrel or firearm concerned shall fail proof.
PROOF PRESSURES
16. (1) Each proof pressure shall be calculated so that it exceeds the service pressure by an amount between the following limits—
(a) in the case of the barrel proof, when the pressure developed is measured by an approved method at a point 6 inches from the breech face, the limits 80 and 100 per cent;
(b) in the case of the breech proof, when the pressure developed is measured by an approved method at a point 1 inch from the breech face, the limits 60 and 80 per cent.
(2) (a) in the case of the breech proof, the pressure developed at point 6 inches from the breech face shall not exceed the specified pressure for the barrel proof;
(b) in the case of the barrel proof, the pressure developed at the point 1 inch from the breech face shall not exceed the specified pressure for the breech proof.
(3) A proof pressure may be achieved by means of the appropriate loads set out in Table III of these regulations or by any other loads which the Institute may in a particular case consider appropriate.
17.The service pressures to be used in calculating proof pressures shall be the appropriate service pressures set out in Table I of these regulations or, if service cartridges developing a higher service pressure than those so set out become available, the service pressures set out in that Table may be increased as the Institute thinks fit.
MARKS
18. Firearms proofed by the Institute shall be marked as follows—
(a) by the mark denoting statutory proof, which shall be the Institute’s symbol, with the addition of an inclined stroke so as to form the letters PCE (being the initial letters of the phrase ” Promhadh Caighdeánach na h-Éireann “) interlaced, as illustrated in the Schedule to these regulations;
(b) by the marks denoting the nominal bore of the barrel and the nominal length of the chamber, which shall be the appropriate figures set out in the first and second columns of Table I of these regulations, separated by an oblique stroke;
(c) by the mark denoting the service pressure at the point one inch from the breech face for which the firearm has been proofed, which shall be a number followed by the word ” tons “, being tons per square inch;
(d) by the mark denoting the internal diameter of the barrel of the firearm at the time of proofing, which shall be the diameter, in decimal parts of an inch, of the largest appropriate bore guage set out in Table II of these regulations which may be inserted into the barrel to a distance of 9 inches from its breech face;
(e) by the mark denoting the year of proofing, which shall be the last two digits of that year.
19. (1) The mark referred to in Regulation 18 (a) shall be placed on the barrel or barrels as close to the breech end as practicable, and on the action and, if a monobloc is used in the construction of the firearm, on the monobloc.
(2) A mark referred to in Regulation 18 (b), 18 (c), 18 (d) or 18 (e) shall be placed on the barrel or barrels as close to the breech end as practicable.
FEE
20. The fee for statutory proof shall be at the rate of ten shillings per barrel.
TABLE I
DIAMETERS OF BORES AND DIMENSIONS OF CHAMBERS OF SHOTGUNS TOGETHER WITH SERVICE PRESSURES FOR SUCH FIREARMS.
Regulations 3, 10, 12, 17, 18.
/images/si065y69p0017.jpg
ALL DIMENSIONS IN INCHES AND ALL PRESSURES IN TONS PER SQUARE INCH
CHAMBER
CHAMBER DIMENSIONS
Bore Diameter F at 9″ from Breach Face
Service Pressure
Nominal Bore
Length in Inches
HEAD RECESS
Underhead Diameter B
Forward Diameter C
Length E
Diameter A
Depth D
Radius R
Max.
Min.
Max.
Min.
Max.
Min.
Max.
Min.
12
3
·896
·886
·079
·074
·030
·020
·825
·815
·810
·800
3·100
3·000
·751
·710
12
2 ¾
·896
·886
·079
·074
·030
·020
·823
·813
·810
·800
2·850
2·750
·751
·710
3 ¼
2
12
2 ½ Nominal
·896
·886
·079
·074
·030
·020
·822
·812
·810
·800
2·660
2·560
·751
·710
3
2
12
2
·896
·886
·079
·074
·030
·020
·820
·810
·810
·800
2·100
2·000
£751
·710
2 ¾
1¾
16
2 ¾
·825
·815
·067
·062
·030
·020
·755
·745
·742
·732
2·850
2·750
·677
·637
3¼
2
16
2 ½ Nominal
·825
·815
·067
·062
·030
·020
·754
·744
·742
·732
2·660
2·560
·677
·637
3
2
20
2 ¾
·776
·766
·065
·060
·030
·020
·708
·698
·695
·685
2·850
2·750
·637
·596
3 ¼
2
20
2 ½ Nominal
·776
·766
·065
·060
·030
·020
·708
·698
·695
·685
2·660
2·560
·637
·596
3
2
·410
2 ½
·547
·537
·065
·060
·025
·015
·486
·476
·475
·465
2·600
2·500
·416
·405
3 ¼
2
·410
2
·547
·537
·065
·060
·025
·015
·485
·475
·475
·465
2·100
2·000
·416
·405
3 ¼
2
TABLE II
Regulations 12, 18.
DIAMETERS OF BORE GAUGES
Nominal Bores
Actual diameter of Bore Gauge(inches)
·745
·740
12
·735
or
·730
·729″
·725
·720
·715
·710
·670
·665
16
·660
or
·655
·662″
·650
·645
·640
·635
·625
20
·620
or
·615
·615″
·610
·605
·600
·415
·410”
·410
·405
·400
TABLE III
Regulation 16.
PROOF LOADS
Barrel
Loads
Barrel Proof
Breech Proof
Nominal Bore
Nominal Length of Chamber (Inches)
T.P. Powder (Grains)\
No. 6 Shot(Ounces)
T.S.P. Powder(Grains)
No. 6 Shot (Ounces)
12
3
266
1¼
226
2 31/6
12
2¾
266
1¼
206
2
12
2½
266
1¼
178
1111/6
12
2
266
1¼
170
15/8
16
2¾
226
1
178
1111/6
16
2½
226
1
154
1½
20
2¾
205
7/8
157
1½
20
2½
205
7/8
136
51/6
·410
2½
78
½
65
5/8
·410
2
78
½
55
½
SCHEDULE
Regulation 18.
MARK DENOTING STATUTORY PROOF
/images/si065y69p0023.jpg
GIVEN under my Official Seal, this 16th day of April, 1969.
(Signed) SEOIRSE Ó COLLA,
Minister for Industry and Commerce.
EXPLANATORY NOTE.
The purpose of these Regulations is to prescribe methods in accordance with which certain classes of firearms shall be proofed by the Institute for Industrial Research and Standards, the marks to be applied to firearms so proofed and the fee to be charged for such proofing.
S.I. No. 66/1991 –
Firearms and Offensive Weapons Act, 1990 (Offensive Weapons) Order, 1991.
S.I. No. 66 of 1991.
FIREARMS AND OFFENSIVE WEAPONS ACT, 1990 (OFFENSIVE WEAPONS) ORDER, 1991.
I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by section 12 (4) of the Firearms and Offensive Weapons Act, 1990 (No. 12 of 1990), hereby order as follows:
1. (1) This Order may be cited as the Firearms and Offensive Weapons Act, 1990 (Offensive Weapons) Order, 1991.
(2) This Order shall come into operation on the 1st day of May, 1991.
2. It is hereby directed that section 12 of the Firearms and Offensive Weapons Act, 1990 (No. 12 of 1990), shall apply to the following descriptions of weapons:
( a ) a flick-knife, that is to say—
(i) a knife which opens when hand pressure is applied to a button, spring, lever or other device in or attached to the handle, or
(ii) a knife which has a blade which is released from the handle or sheath by the force of gravity or the application of centrifugal force and when released is locked in an open position by means of a button, spring, lever or other device;
( b ) a knuckleduster, that is to say—
(i) a band of metal or other hard material worn on one or more fingers, and designed to cause injury, or
(ii) any weapon incorporating a knuckleduster;
( c ) a swordstick or dagger cane, that is, a hollow walking-stick or cane containing a blade which may be used as a sword or dagger;
( d ) a sword umbrella, that is an umbrella containing a blade which may be used as a sword;
( e ) any weapon from which one or more sharp spikes protrude which is worn attached to the foot, ankle, hand or wrist (sometimes known when intended to be attached to the foot, as a footclaw and, when intended to be attached to the hand, as a handclaw);
( f ) the weapon sometimes known as a belt buckle knife, being a buckle which incorporates or conceals a knife;
( g ) the weapon sometimes known as a push dagger, being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;
( h ) the weapon sometimes known as a hollow kubotan, being a cylindrical container containing a number of sharp spikes;
( i ) the weapon sometimes known as a shuriken, shaken or death star, being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown;
( j ) the weapon sometimes known as a balisong or butterfly knife, being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;
( k ) the weapon sometimes known as a telescopic truncheon or telescopic billy, being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;
( l ) the weapon sometimes known as a blowpipe or blow gun, being a hollow tube out of which hard pellets or darts are shot by the use of human breath;
( m ) the weapon sometimes known as a kusari gama, being a length of rope, cord, wire or chain fastened at one end to a sickle;
( n ) the weapon sometimes known as a kyoketsu shoge, being a length of rope, cord, wire or chain fastened at one end to a hooked knife;
( o ) the weapon sometimes known as a manrikigusari or kusari, being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;
( p ) the weapon sometimes known as a sap glove, being a glove into which metal or some other hard material has been inserted or to which metal or such material has been attached;
( q ) the broad knife known as a machete or matchet.
GIVEN under my Official Seal, this 25th day of March, 1991.
RAY BURKE,
Minister for Justice.
EXPLANATORY NOTE.
This Order specifies descriptions of weapons whose manufacture, importation, sale, hire or loan is prohibited by virtue of section 12 of the Firearms and Offensive Weapons Act, 1990 .
S.I. No. 338/2009 –
Firearms and offensive Weapons Act 1990 (offensive Weapons) (Amendment) Order 2009
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th August, 2009.
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 12 of the Firearms and Offensive Weapons Act 1990 (No. 12 of 1990), hereby order as follows:
1. (1) This Order may be cited as the Firearms and Offensive Weapons Act 1990 (Offensive Weapons) (Amendment) Order 2009.
(2) This Order shall come into operation on 1 September 2009.
2. Article 2 of the Firearms and Offensive Weapons Act 1990 (Offensive Weapons) Order 1991 ( S.I. No. 66 of 1991 ) is amended as follows:
(a) in paragraph (e) by substituting “foot, ankle, arm, hand or wrist” for “foot, ankle, hand or wrist”;
(b) in paragraph (q) by substituting “machete or matchet;” for “machete or matchet.”;
(c) by inserting, after paragraph (q), the following paragraph:
“(r) the sword sometimes known as samurai or katana, other than such a sword—
(i) made before 1954, or
(ii) made at any other time according to traditional methods of making swords by hand.”.
/images/ls
GIVEN under my Official Seal,
25 August 2009.
DERMOT AHERN,
Minister for Justice, Equality and Law Reform.
S.I. No. 48/2002 –
Firearm Certificates For Non-Residents Order 2002
I, John O’Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 2 (3) of the Firearms (Firearm Certificates for Non-Residents) Act 2000 (No. 20 of 2000) and having consulted with the Commissioner of the Garda Síochána, hereby order as follows:
1. This Order may be cited as the Firearm Certificates for Non-Residents Order 2002.
2. The period specified in section 2 (2)(a)(i) of the Firearms (Firearm Certificates for Non-Residents) Act 2000 (No. 20 of 2000) is reduced so as to end on 28 February 2002.
/images/seal.jpg
GIVEN under my Official Seal
21st February 2002
JOHN O’DONOGHUE
______________________
JOHN O’ DONOGHUE
Minister for Justice, Equality and Law Reform
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order provides for the transfer to the Garda Síochána from the Minister for Justice, Equality and Law Reform with effect from the 1 March, 2002 of the power to grant firearm certificates to non-residents under the provisions of the Firearms (Firearm Certificates for Non-Residents) Act 2000 .